Commercial Litigation Intensive
Start time 9 Sep 2021 9:00am (Australia - Melbourne)
End time 9 Sep 2021 12:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code I21031
CPD Points:

Substantive Law: 3.0
(includes GST)

Commercial Litigation Intensive

9 Sep 2021 9:00am - 9 Sep 2021 12:30pm (Australia - Melbourne)
Live Stream Only

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: Hugh Maclaren, Partner, Meerkin & Apel

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: Timothy Whitehead, Accredited Specialist,  Principal, Resolution Legal Melbourne

Proportionate Liability in Commercial Matters  

In recent years, there have been conflicting decisions on the application of the proportionate liability regime in Australia.  This session will provide a recap of the regime, including circumstances where a number of claims are brought in relation to the same loss or damage arising from the same facts. 

This session will explore significant and recent cases, including, Tanah Merah Vic Pty Ltd v Owners' Corporation, provide a guide on the factors to consider and discuss how settled the law on proportionate liability now is.