|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|
Commercial Disputes Conference
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Contact Reception on 03 8667 5667 to book your free 3rd place!
Early bird price available until Friday 27 September: $695 (incl. GST)
Full Price: $725 (incl. GST)
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:
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.
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.
Construction of Contracts – The Continuing Uncertainty
Whether or not extrinsic evidence can be admitted as part of the interpretation of contractual terms, without the need to first establish ambiguity, continues to remain in question. Despite the passage of time since Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982), and multiple decisions by intermediate courts since, including Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd  NSWSC, practitioners continue to face uncertainty arising from conflicting decisions.
This session will discuss various recent decisions and address the question of whether ambiguity is required for evidence of surrounding circumstances to be admissible.
Contractual Penalties and Unconscionability
Between Paciocco v Australia & New Zealand Banking Group Ltd  HCA and Australian Securities and Investments Commission v Kobelt  HCA this session will explore the current state of play with respect to contractual penalties and unconscionability.
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.
Professional Skills: 1.0
Substantive Law: 5.0