Commercial Disputes Conference
Start time 23 Oct 2019 9:00am (Australia - Melbourne)
End time 23 Oct 2019 4:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program details
Catering Includes morning tea, lunch and afternoon tea
Designed for Legal practitioners
Product Code C19038

Commercial Disputes Conference

23 Oct 2019 9:00am - 23 Oct 2019 4:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

Contact Reception on 03 8667 5667 to book your free 3rd place!

The Conference will be chaired by:

Bronwyn Lincoln, Partner, Corrs Chambers Westgarth; Leading Commercial Litigation & Dispute Resolution Lawyers, Doyles Guide 2019


Bettina Evert, Partner, Holman Webb Lawyers

Redacting Documents – Errors, Risks and Consequences 

Redacting electronic documents is a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly including:

  • Potential breaches of court orders
  • Potential breaches of client confidentiality
  • Waiver of privilege
  • Release of commercially sensitive material;

all of which have serious consequences for both clients and their lawyers.

Knowing how to properly redact documents is an essential requirement of practice and this session will outline methods of ensuring proper redaction and minimising associated risks. With reference to key cases, leading presenter Dr Sue McNicol QC will outline the critical do’s and don’ts when faced with redaction of electronic documents.

Presented by: Dr. Sue McNicol QC, Barrister, Victorian Bar

Taxation Considerations and Implications in Damages and Settlement Agreements 

Disputes between parties result in settlements which may be the product of mediation, court orders or agreement.  Do you know the taxation considerations and implications that should be considered when negotiating settlements?

When a matter proceeds to trial and damages awarded, your client should already be aware of the potential taxation implications. Whilst the litigation lawyer is not expected to also be a tax expert, are you confident you know enough about the potential taxation problems that can arise simply because of ignorance about the right questions to ask the client?

This session will provide guidance on the taxation matters you need to turn your mind to when advising clients in pre-settlement negotiations and pre-judgment discussions.

Presented by: Adam Dimac, Senior Associate, Hall & Wilcox


Rachel O'Donnell, Special Counsel, Hall & Wilcox

Mistaken Payments and the ‘Change of Position’ Defence 

Since the High Court in Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) confirmed that the ‘change of position’ defence can still apply in certain circumstances where a payment has been made by mistake, questions remain unanswered as to its application.

This session will examine the relevant cases, discussing when the ‘change of position’ defence may still be applicable, and the factors that may influence the outcome where an otherwise inequitable payment has been made by mistake.

Presented by: Marcus Clarke Q.C., Barrister, Victorian Bar

Construction of Contracts – The Continuing Uncertainty 

There has been considerable controversy as to whether extrinsic evidence is admissible to interpret a written contract only where the language of the contract is ambiguous or whether it can be used at the outset to ascertain the meaning of contractual language in its context. The debate has entered on the expression of the ‘true rule’ in Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982).

This session will trace developments since Codelfa, considering recent decisions by the High Court of Australia and intermediate appellate courts and demonstrate with case studies how courts approach the question of admissibility of extrinsic evidence to the task of contractual interpretation.

Presented by: Dr Vicky Priskich, Barrister, Victorian Bar

Contractual Penalties and Unconscionability 

Between Paciocco v Australia & New Zealand Banking Group Ltd [2016] HCA and Australian Securities and Investments Commission v Kobelt [2019] HCA this session will explore the current state of play with respect to contractual penalties and unconscionability.

Presented by: Daniel Kinsey, Barrister, Victorian Bar

Consequential Loss – Recent Decisions and Practical Implications 

Australian courts have moved away from characterising ‘consequential loss’ in accordance with the second limb of the rule in Hadley v Baxendale. And with courts in different jurisdictions continuing to interpret the term in different ways, it is becoming increasingly difficult to predict with certainty what losses will be recoverable in the event of a breach. This session will provide a review of recent cases dealing with consequential loss and consider their implications. It will also provide guidance on drafting contracts to achieve more certainty as to the extent of the limitation of liability.


Presented by: Jeremy Zimet, Special Counsel, Phi Finney McDonald


Total CPD Units: 6.0

Professional Skills: 1.0
Substantive Law: 5.0
(includes GST)