COMMERCIAL LITIGATION
The Commercial litigation stream will be held on Thursday 26 November 2020.
Program subject to change
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Time |
Topic |
Speaker |
CPD units |
Knowledge area |
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8.45am-8.50am |
President's welcome | Richard Harvey* President The Law Society of NSW Chair Law Society's Specialist Accreditation Board |
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| 8.50am- 8.55am | Chair's welcome |
Arthur Carney* Partner Carney Lawyers |
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| 8.55am- 9.00am | Lawcover sponsor message |
Kerrie Lalich Chief Executive Officer Lawcover |
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| 9.00am-10.00am | Frustration of contracts and force majeure |
Edwina Kwan Partner King & Wood Mallesons |
1 | Substantive Law |
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10.05am-11.05am
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Building and construction law update
At the heart of large construction and engineering projects are the risk allocation arrangements. As part of that, principals usually require contractors to provide performance bonds/guarantees. There was a growing trend in the case law that these performance bonds were prima facie to be regarded as risk allocation devices such that when a dispute broke out, the party providing the bond was the one to be out of pocket until the dispute was resolved. This constituted an obstacle to those who provided these bonds in obtaining interim injunctions restraining calls on them. Eye watering amounts are involved in these types of cases with bonds often denominated in the scores of millions of dollars so the approach to construction has serious real world impact. However, the NSW Court of Appeal may have signalled a step back from that position in Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291; (2017) 96 NSWLR 329, namely that the correct way to approach the true construction of clauses providing for such bonds is on general principles relating to the construction of commercial contracts. This is an approach that now appears to have been taken up by at least one other intermediate appellate court, namely JKC Australia Lng Pty Ltd v CH2M Hill Companies Ltd [No 2] [2020] WASCA 112. Kawasaki also considered the impact of an arbitration clause on what interim relief (if any) a court ought provide. This presentation will take a brief look at where we have come from in this regard, where we are now and what the future trend in this area is likely to be. |
Sydney Jacobs
Barrister 13 Wentworth Chambers |
1 | Substantive Law |
| 11.10am-12.10pm | Practical and procedural tips for conducting a case in the Commercial List of the NSW Supreme Court |
David Sulan Barrister Banco Chambers Ryan Jameson
Barrister Banco Chambers |
1 | Substantive Law |
| 12.10pm- 1.00pm | Lunch |
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| 1.00pm- 2.00pm |
Australian Consumer Law - 10 years on
It has been almost 10 years since the Australian Consumer Law was developed by agreement of the Council of Australian Governments, replacing 20 difference consumer laws across the Commonwealth, state and territory jurisdictions. Join accredited specialist, Flo Mitchell, in this session examining the impact and case law relating to the regime, with a focus on section 18 claims.
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Flo Mitchell*
Partner FM Legal |
1 | Substantive Law |
| 2.05pm- 3.05pm |
SME insolvency: critique of voluntary administration and safe harbour restructuring, phoenix activity and promised debtor-in-possession reform
2020 has been a year for corporate insolvency law that no one could have predicted. After the Pandemic lockdown started many predicted a tsunami of corporate and personal insolvency but this hasn’t happened (yet). Recently, the government announced the most important reform proposal in small-to-medium business insolvency since 1993 (a new debtor-in-possession procedure for SMEs and streamlined liquidations). 2021 should be a big year for insolvency lawyers and this seminar reflects on the legal tools we can work with. |
Ben Sewell
Principal Sewell & Kettle Lawyers |
1 | Substantive Law |
| 3.10pm- 4.10pm |
Outlines of evidence in the Federal Court of Australia
Join barrister, Alexander Vial, for a session examining best practice for the use of outlines of evidence. The session will cover the circumstances and reasons for use of outlines of evidence, the relevant legislation and rules, as well as risks and criticisms of use. Viewers will also gain practical tips for drafting and structuring outlines of evidence. |
Alexander Vial
Barrister 5 Wentworth Chambers |
1 | Substantive Law |
| 4.10pm- 4.15pm | Chair close of day |
Arthur Carney*
Partner Carney Lawyers |
Sessions on demand
|
Topic |
Speaker |
CPD units |
Knowledge area |
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Insurance claims - 2020 case law review & practical issues for plaintiffs and defendants This seminar will update participants on important and interesting insurance cases of 2019– 2020; will discuss pandemic effects on insurance and insurance claims including - updating important decisions on business interruption insurance (The Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm); HDI Global Specialty SE v Wonkana No 3 Pty Ltd – NSWCA reserved) and will address practical issues for plaintiffs and defendants in insurance cases. |
Valerie Heath Barrister Maurice Byers Chambers |
1 | Substantive Law |
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Equitable remedies in commercial proceedings
This session will provide practical guidance on equitable remedies in commercial litigation. It will cover the fundamental principles of, and latest developments in, equitable commercial remedies including injunctions, declarations, equitable compensation, specific performance, freezing orders and search orders. It will be of particular benefit to practitioners practising in commercial litigation in the superior courts. By the conclusion of the session, attendees will understand the advantages these remedies can offer, how to obtain them, and the key strategic considerations for practitioners in light of the latest developments in this field. |
Charles Colquhoun Barrister Tenth Floor Chambers Bradley Smith Barrister Tenth Floor Chambers |
1 | Substantive Law |
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Forensics accounting for Specialists
Join Nigel Cotman for an informative seminar on accounting and financial analysis for commercial litigators. Through a number of case studies this seminar illustrates some of the dimensions of the use of accounting analysis in the litigation context, particularly its role as evidence.
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Nigel Cotman | 1 | Substantive Law |
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Recent cases in banking and finance
This session will address recent developments in banking and finance case law over the last 12 months, including the ‘wagyu and shiraz’ case brought by ASIC against Westpac to clarify the scope of home loan responsible lending requirements, a case about unfair loan terms in Bendigo Bank’s small-business loans, a NSW Court of Appeal decision in which the borrowers raised all of the textbook defences against the bank - breach of contract, misleading or deceptive conduct, unconscionable conduct, breach of the Code of Banking Practice, breach of the National Credit Code and contravention of the Farm Debt Mediation Act 1994 - but still lost, and the upcoming class actions against CBA, Westpac, NAB and AMP for mismanaging superannuation accounts. |
Emma Beechey
Barrister New Chamber |
1 | Substantive Law |
*Speaker is an Accredited Specialist
Click here to download the program.
CONTACT USPhone: 02 9926 0250 |
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