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Briefed: Commercial Law Updates
78 minutes | Jun 26, 2022
Cryptocurrency and the law
What will the episode cover? Cryptocurrency is always in the headlines, and consumer use of it is becoming increasingly mainstream. But the law is yet to grapple extensively with cryptocurrency and the blockchain technology that underpins it. This seminar aims to provide a basic introduction to what cryptocurrencies are and how they work, and to tentatively explore some of the key legal issues that arise in respect of them. It will introduce Key concepts like blockchain technology, cryptography, public/private keys, decentralisation, proof-of-work and proof-of-stake mining, exchanges, and ‘smart contracts’ Various types of cryptocurrencies, including Bitcoin, Ethereum, Central Bank Digital Currencies, (so-called) ‘stable coins’ and NFTs The legal issues considered will include Regulation of cryptocurrency exchanges in Australia, KYC and money laundering issues Developing uses of cryptocurrencies for things like lending (decentralised finance or DeFi) and capital raising Who should listen? This session will interest advisory and litigation lawyers, in-house counsel and their clients, in particular those who deal with financial services, corporate law and regulation in Australia. PRESENTERS Michael May (Barrister, Level Twenty Seven Chambers) Michael has a broad commercial and administrative law practice, with a particular focus on competition, corporations, tax litigation, equity and trusts, insolvency, construction and infrastructure, class actions, professional negligence, estates and real property. He is listed in Chambers & Partners, Legal 500, AFR’s Best Lawyers® and Doyle’s Guide. Salwa Marsh (Barrister, Level Twenty Seven Chambers) Prior to being called to the Bar, Salwa was a Senior Lawyer at the Australian Government Solicitor where her practice focused on regulatory litigation and investigations, an Associate at White & Case (London), and a Lawyer at MinterEllison (Brisbane). As a public and commercial law barrister, Salwa’s expertise is in the areas of competition & consumer law, corporations law, administrative law and native title. MATERIALSThe video recording, PowerPoint and transcript for this seminar are available here.
75 minutes | May 5, 2022
Life at the Bar
What will the seminar cover? Queensland Young Lawyers (QYL) and Level Twenty Seven launched its second seminar series with 'Life at the Bar' on Wednesday 4 May 1800 (AEST). Barristers Stewart Webster, Florence Chen (Level Twenty Seven Chambers) and Emma Fitzgerald (Jeddart Chambers) compared the different courses they took to be called to the Queensland Bar as well as provided some insight into what one might expect of life as a barrister. Topics discussed include: Why, when and how to come to the Bar (0:02:25) Financial considerations (0:20:27) Practical tips on networking before and when coming to the Bar (0:29:59 and 0:51:11) The Bar Practice Course (BPC) (0:37:45) Applying for readership at a barristers' chambers (0:55:19) What days in the life of a barrister might look like (1:09:50) Who should watch? Anyone considering a career as a barrister in Queensland or simply curious about what practicing as barrister involves. PRESENTERS Stewart Webster (Barrister, Level Twenty Seven Chambers) Stewart’s practice is focused on complex commercial disputes in Australian courts and in arbitral proceedings. He is regularly engaged by leading national and international law firms to advise and appear for multi-nationals, Australian public companies, external administrators and government entities. He previously worked as a solicitor at Allens, as an associate in the Federal Court of Australia and for leading Japanese commercial law firm Nishimura & Asahi in Tokyo. Florence Chen (Barrister, Level Twenty Seven Chambers) Since coming to the Bar in 2014, Florence has enjoyed a general commercial practice with particular experience in tax, building and construction, and succession. Prior to being called to the Bar, Florence was a judge’s associate to the Hon. Justice Fryberg and the Hon. Justice Jackson. Emma Fitzgerald (Barrister, Jeddart Chambers) Prior to being called to the Bar in 2021, Emma was a solicitor for eight years. She has a broad civil practice across areas including personal injuries, financial services, commercial litigation, consumer law as well as public and administrative law. Emma has worked for both plaintiffs and defendants in private practice, government and the community legal sector.MATERIALSA video recording of the presentation and transcript are available here.
57 minutes | Nov 25, 2021
Privilege in International Arbitration: Procedure and Pitfalls
What will the seminar cover? The principles governing the availability and bounds of legal professional privilege in international arbitral proceedings are in a considerable state of uncertainty. Is privilege able to be claimed? If so, what law governs those claims? How do Tribunals resolve those issues? And how might that impact on enforcement of any award? This session aims to address these questions. Who should attend? The session will interest litigation lawyers, in-house counsel and their clients who may be called upon to deal with disclosure and issues of privilege in international arbitration. PRESENTERS Nicholas Andreatidis QC (Barrister, Level Twenty Seven Chambers) Having worked as both a commercial litigation solicitor at a top tier law firm and now as a barrister (combined) for over 28 years Nicholas is able to draw on a wealth of experience in diverse areas of the law. This experience combined with his friendly and collaborative working style make him a popular choice for instruction by both lawyers and clients. Nicholas has conducted lengthy trials, including a number of lengthy e-trials in the Federal Court, the Supreme Court and Commercial Arbitration. Angus O'Brien (Barrister, Level Twenty Seven Chambers) Angus’s practice focuses on complex commercial, regulatory and public law matters and has particular experience in the energy and resources, banking and finance and government sectors, and in matters involving contract law, commercial equity, corporations and insolvency law, competition law, administrative law and insurance law. He has substantial experience of interstate matters and disputes raising jurisdiction and choice of law issues. Simon Bellas (Partner, Jones Day) An international disputes authority, Simon's practice is focused on large-scale construction projects, especially in the energy & resources and infrastructure sectors. His practice is distinctively international having been based in several continents, including Australia, Asia, and the Commonwealth of Independent States (CIS), and regularly working on international arbitrations. Simon previously worked in-house for a global offshore LNG contractor in Singapore. Simon is a member of Jones Day's arbitration team recognized by Global Arbitration Review as a leading international arbitration law firm in the GAR 30 (2020 edition). Cameron Sim (International Counsel, Debevoise & Plimpton) Resident in Hong Kong and admitted in Hong Kong, New York, England & Wales and Australia, Cameron acts as counsel in international arbitration proceedings worldwide, with a focus on Asia-related disputes, and has appeared as advocate before tribunals seated in Asia and Europe. He has acted in arbitrations under all major rules in leading arbitral seats and has significant experience of arbitrations seated in Hong Kong and London under the HKIAC, ICC, and LCIA rules. Several of his cases have involved multiple parallel proceedings in courts (most frequently in the BVI and the Cayman Islands). He also advises on complex and typically high-value cross-border disputes and transnational litigation. Cameron is the author of the treatise Emergency Arbitration, published by Oxford University Press as part of the Oxford International Arbitration Series.MATERIALSThis presentation was provided as a live webinar. The video recording and transcript are available here.
69 minutes | Nov 23, 2021
Docs, eTrials and Practice Directions
This presentation was the final installment in a series of four co-hosted by Queensland Young Lawyers and Level Twenty Seven Chambers. Links to the previous three events are available in the 'Materials' section at the bottom of this page. The series aimed to address practical and everyday topics for junior lawyers. What does the seminar cover? The adoption of electronic documents and remote hearings by all Australian courts looks set to continue in various iterations. Junior litigation lawyers who are aware of the electronic litigation tools, protocols for eTrials and the potential hurdles in their adoption will be well placed to provide valuable input to matter teams and an efficient client service. The speakers draw on their combined experience as solicitors, judicial associates and counsel to share ideas on: Why a junior lawyer tasked with document management is afforded a uniquely valuable position in a litigation team Evaluating which electronic tools might be useful for different matters How electronic tools aid team operations, client service and communication with parties Practice Directions guiding eTrials Who should watch? The session will interest litigation lawyers 1-5 years PQE (post qualification experience), especially commercial lawyers. PRESENTERS Nicholas Andreatidis QC (Barrister, Level Twenty Seven Chambers) Having worked as both a commercial litigation solicitor at a top tier law firm and now as a barrister (combined) for over 28 years Nicholas is able to draw on a wealth of experience in diverse areas of commercial law to advise and litigate for his clients. Practising from Level Twenty Seven Chambers, his practice is dominated by legally complex and high value work in the High Court, Supreme Court and commercial arbitration. Nic is listed in Doyle’s, Australian Financial Review’s Best Lawyers® and the Legal 500 for ADR, Construction, Litigation and Planning & Environment. In the latter guide, clients describe him as “the nicest QC that has ever existed”, they also say “his written and oral skills are excellent.” Florence Chen (Barrister, Level Twenty Seven Chambers) Since coming to the Bar in 2014, Florence has enjoyed a general commercial practice with particular experience in tax, building and construction, and succession. She is based at Level Twenty Seven Chambers. Prior to being called to the Bar, Florence was a judge’s associate to the Hon. Justice Fryberg and the Hon. Justice Jackson. Oliver Cook (Barrister, Level Twenty Seven Chambers) Ollie joined Level Twenty Seven Chambers having previously been a solicitor at Herbert Smith Freehills (Brisbane and Tokyo). Prior to that he was an associate to Justice Flanagan of the Supreme Court of Queensland. He practices in all areas of commercial law, building on his practice as a solicitor where he assisted clients on a diverse range of complex national and cross-border commercial disputes. His experience includes disputes concerning contract, insurance, regulatory, corporations and shareholder issues, as well as class actions and international arbitrations, across a variety of sectors. VENUE Webinar / in person seminar WATCH (45 mins) Press the ‘play’ button on the video thumbnail below. Complete the form. Press the ‘play’ button again on the video thumbnail below. The presentation is free to view. For further information, please contact Tamara
45 minutes | Oct 28, 2021
The State of Play: Work Health and Safety Prosecutions in Australia
What does the seminar cover? 2020 saw Queensland's first sentencing decision in relation to the offence of industrial manslaughter pursuant to the Work Health and Safety Act 2011. Since the introduction of the offence in 2017 we have seen the establishment of the Office of the Work Health and Safety Prosecutor and an increase in prosecutions under the WHSA and other similar acts. This has led to an increased focused upon the availability of insurance cover for these types of matters – with New South Wales recently legislating to ban cover for the same. The session will provide an important idea of the state of play in work health safety (WHS) prosecutions by considering: Prosecutions under the various related work health and safety statutes How to prepare for WHS prosecutions Insurance coverage issues which may arise in the space Who should watch? Lawyers from all Australian states and territories with practices concerning work health safety and insurance law, as well as those with practices concerning inquiries and coronial inquests will find this a crucial update. PRESENTER Kristi Riedel (Barrister, Level Twenty Seven Chambers) Within her commercial law practice Kristi is well-versed in assisting clients in matters concerning employment law and land law, in addition to defamation matters. She has extensive experience in all facets of insurance law – including professional negligence, financial lines and personal injury claims – and is recommended by Doyle’s Guide and Australian Financial Review’s Best Lawyers® in this field. Prior to being called to the bar, Kristi practised as a solicitor and acted for local and international insurers handling professional indemnity, D & O, financial lines, personal injury, workers’ compensation and life insurance claims and also advising insurers on issues of policy interpretation and indemnity. Appearing led and unled in state and federal courts, tribunals and coronial inquests, Kristi is known for being diligent, approachable and easy to work with.MATERIALSThis was originally provided as a live webinar. The video recording, PowerPoint and transcript are available here.
58 minutes | Oct 22, 2021
Functus Officio in Arbitration
What does the seminar cover? This session forms part of the Australian Arbitration Week 2021 program hosted by ACICA. It will explore the situations where an arbitrator might be said to have performed its office so as to be (wholly or as to particular aspects of the referred dispute) functus officio. Whether an arbitrator is functus officio is important for determining the question of the continuing arbitrator’s jurisdiction, which is fundamental to the validity and enforceability of a subsequent arbitral award. The speakers will traverse a range of issues on this topic including: When an arbitrator is functus officio The weight that courts give to an arbitral tribunal’s reasons for determining its jurisdiction Whether courts can remit a matter to an arbitral tribunal after an award has been set aside Who should listen? The principles discussed will be relevant to all commercial litigators, as well as arbitration and alternative dispute resolution pracitioners. PRESENTERS Shane Doyle QC (Barrister, Level Twenty Seven Chambers) Widely regarded as one of Australia’s leading Silks with a “world class” practice (Chambers & Partners 2017) in international and commercial law, Shane practices from Level Twenty Seven Chambers (Brisbane), 5 Selborne (Sydney) and Essex Court Chambers (London). He undertakes work in hearings under domestic rules (including ACICA, CIArb, IAMA) and is also experienced in appearing in international matters governed by ICC and SIAC rules. As well as being listed as a leading commercial law practitioner in a number of legal areas by Chambers & Partners and Legal 500, Shane is listed as a leading Arbitration Silk by the Australian Financial Review’s Best Lawyers®, Doyle’s Guide and Who’s Who Legal. Chiann Bao (Arbitrator, Arbitration Chambers) Chiann is an independent arbitrator with extensive experience working in multiple jurisdictions (Singapore, Hong Kong, New York and London). She brings significant institutional and private practice experience to her work as and independent arbitrator. During her private practice, Chiann focused on complex international arbitration and litigation, acting as counsel for corporates, state-owned enterprises. She currently serves as a Vice President of the ICC Court of Arbitration and the Chair of the ICC Commission Task Force on Arbitration and ADR. She is also Vice Chair of the IBA’s International Arbitration Committee. Sarah Spottiswood (Barrister, Level Twenty Seven Chambers) Sarah practices in commercial and public law. Prior to joining Level Twenty Seven Chambers she was a solicitor at the Australian Government Solicitor (Canberra) and at the UK Government Legal Department. She has a significant background in international law. She advised the UK Department for International Trade on investment arbitration, World Trade organisation disputes and Free Trade Agreement negotiations. Sarah represented the UK at the UNICTRAL Working Group on Investor-State Dispute Settlement (2017-2019) and while at the Australian Government Solicitor advised on international arbitration proceedings and various international law matters.MaterialsThis presentation was recorded as a live webinar. The video recording, PowerPoint and transcript are available here.
58 minutes | Sep 29, 2021
Update on Defamation Law in Queensland
WHAT DOES THE SEMINAR COVER?The Defamation (Model Provisions) and Other Legislation Amendment Act 2021 (the Act) commenced on 1 July 2021. This session will provide a valuable update on the changes that the Act introduced. Changes include:- the introduction of the element of ‘serious harm’- a new compulsory concerns notice process- changes to the available statutory defencesWHO SHOULD LISTEN?Lawyers from all Australian states and territories with practices concerning defamation law will find this a crucial update.PRESENTERSMichael May (Barrister, Level Twenty Seven Chambers) An experienced and versatile trial advocate Michael's commercial and administrative law practice focuses on competition, corporations, tax litigation, equity and trusts, insolvency, construction and infrastructure, class actions, professional negligence, estates and real property matters. He is listed by Chambers & Partners as a leading junior in Dispute Resolution, by Doyle's Guide as a recommended junior barrister in Commercial Litigation & Disputes, Insolvency & Reconstruction and Tax, by Australian Financial Review Best Lawyers® for Commercial Litigation, and by The Legal 500 as a Rising Star in Commercial Disputes.Rachel De Luchi (Barrister, Level Twenty Seven Chambers)Rachel has a combined commercial and public law practice. The former covers a wide range of areas and industries, but with a particular focus on building and construction, intellectual property, and media and defamation law. Her specialist expertise in defamation law is recognised by Australian Financial Review Best Lawyers®. Acting for both individuals and public bodies, Rachel’s extensive administrative law practice, which is predominantly judicial and merits review, encompasses health, local government and regulatory law, as well as public law cases affecting the building regulator.MATERIALSThis is a recording of a live webinar. The video recording, PowerPoint and transcript are available here.
57 minutes | Sep 14, 2021
Rules of Evidence & Affidavit Drafting
This presentation is the third in a serious of four presentations by Queensland Young Lawyers (QYL) and Level Twenty Seven Chambers addressing essential knowledge and skills for young lawyers. What will the seminar cover? Affidavit preparation, expert reports and expert witnesses are de rigueur in court proceedings. Their accuracy and relevance can be decisive in the outcome of a matter. The speakers will host a live update to clarify: Procedural rules concerning the preparation of affidavits Essential issues when preparing affidavits Tips for how to approach preparing affidavits The role of experts, expert reports and lawyers in preparing affidavits Who should attend? This is a valuable session for all lawyers seeking a solid foundation in preparing affidavit and witness material for court proceedings. PRESENTERS Kristi Riedel (Barrister, Level Twenty Seven Chambers) Within her commercial law practice, Kristi has extensive experience in all facets of insurance law, is well-versed in assisting clients in matters concerning employment law and land law, in addition to defamation matters and acts for defendants in work, health and safety prosecutions across various industries. Kristi is recommended by Doyle’s Guide and Australian Financial Review’s Best Lawyers® for insurance law. Rachel De Luchi (Barrister, Level Twenty Seven Chambers) Rachel has a combined commercial and public law practice. The former covers a wide range of areas and industries, but with a particular focus on building and construction, intellectual property, and media and defamation law. Her specialist expertise in defamation law is recognised by Australian Financial Review Best Lawyers®. Acting for both individuals and public bodies, Rachel’s extensive administrative law practice, which is predominantly judicial and merits review, encompasses health, local government and regulatory law, as well as public law cases affecting the building regulator. Sarah Spottiswood (Barrister, Level Twenty Seven Chambers) Practising in both commercial and public law, Sarah has a strong track record acting for government departments, public bodies and regulators in public law litigation having worked as a solicitor for the United Kingdom and Australian governments since her admission to practice in 2013. Her particular experience lies in environment, infrastructure and planning matters, as well as constitutional and administrative law litigation. Sarah has a significant background in international law. WATCH + MATERIALS This was recorded as a live seminar/webinar. You can watch the video recording, access the PowerPoint and read the transcript here.
63 minutes | Jul 13, 2021
In a webinar arranged by the Downs & South West Queensland District Law Association and Level Twenty Seven Chambers, Matthew Jones, Florence Chen and Timothy Stork (Level Twenty Seven Chambers) and Prof. Rachael Field (Bond University) will look at the skills for representing clients at mediation in the context of business, family, land, succession and tax disputes. SPEAKERSHaving represented clients and engaged as mediator at countless mediations, Matthew comes to the panel having witnessed effective and unconstructive mediations. He will facilitate the evening’s discussion. Prof. Field will provide insight from her research on how mediations can lead to the most beneficial outcomes for all those party to family disputes. During the course of her general commercial law practice, Florence has successfully resolved many tax disputes at mediation. Prior to practising as a barrister, Tim was General Counsel at Energy Queensland. As a barrister he acts on behalf of both individuals and major corporates on matters concerning land. MATERIALSThe video recording and transcript are available here.
67 minutes | Jun 18, 2021
Rules of pleading and further and better particulars
‘Rules of pleading and further and better particulars’ is the second of four in a the Queensland Young Lawyers x Level Twenty Seven Chambers CPD and Networking Series. Barristers Salwa Marsh (Level Twenty Seven Chambers) and Nola Pearce provide a practical session for lawyers practising in all areas of law.WATCH/MATERIALSThis presentation was provided as a hybrid in person seminar/webinar. The video recording, PowerPoint and transcript are available here.
43 minutes | Jun 8, 2021
Insolvency Update Badenoch and the End of the Peak Indebtedness Rule
What will the seminar cover?The Full Federal Court’s recent decision in Badenoch Integrated Logging Pty Ltd v Bryant has important consequences for the calculation of unfair preference claims. This CPD will explain the reasoning behind the Court’s decision and identify those points of law which remain uncertain.The speakers will host a live update to help you- Understand the Full Federal Court's analysis of s 588FA in relation to the peak indebtedness rule- Identify factual elements which must be proved to establish a running account in an unfair preference claim- Learn the outstanding issues in relation to unfair preference claims, particularly in relation to set off under s 553C of the Corporations Act 2001 (Cth)Who should watch?This is an important legal update for insolvency practitioners, insolvency lawyers, general commercial litigators and insolvency advisors.PRESENTERSPaul McQuade QC (Barrister, Level Twenty Seven Chambers)A commercial litigation barrister, Paul is an especially highly regarded insolvency law practitioner. He is briefed in factually and legally complex corporate and insolvency matters that utilise the specialist knowledge he accrued as a Chartered Accountant.Sean Russell (Barrister, Level Twenty Seven Chambers)Since coming to the Bar from a commercial litigation and insolvency law firm, Sean has continued working with clients on an extensive range of commercial litigation. He has particular experience and interest in matters concerning bankruptcy & corporate insolvency, contracts, equity, professional negligence and the Corporations Act.Hannah Lilley (Barrister, Level Twenty Seven Chambers)Hannah has a civil and commercial law practice. Her experience prior to the Bar includes working at Allens (Brisbane) and at Linklaters LLP (London) where her practice focused on arbitration, commercial litigation and regulatory investigations.FURTHER MATERIALSThe topic was presented as a live webinar/in person seminar. The PowerPoint used during the presentation and the transcript are available here.
68 minutes | May 6, 2021
The Joy of Electronic Litigation
What will the seminar cover?This is a session for those already using legal tech and those yet to understand how it can assist, even improve, the litigation process. You will gain tips from a legal tech expert, law firm partner, former Arup General Counsel and a barrister on how you stand to benefit from embracing legal tech and how to get your teams happy adopting it.The speakers will host a live conversation to help you:- Get your team and client legal tech savvy- Identify matters and documents suitable for eDiscovery and/or remote ADR processes or hearings- eBrief your barrister- Document share between parties securely and quality check for disclosure-Understand what the Australian Courts expectPRESENTERSKate Clark (CEO & Executive Director, Enhanced Litigation Management Solutions)ELM Solutions is a consultancy assisting clients and law firms with electronic discovery from the identification stage through to presentation in Court. Kate has over 27 years’ experience in litigation support, including 7 years at Mallesons Stephen Jaques (now King & Wood Mallesons) and many years in management roles in eDiscovery providers and mid-tier law firms.Jane O’Neill (Partner, Colin Biggers & Paisley)As a partner in the Colin Biggers & Paisley insurance and financial services team, Jane’s practice extends to coverage and defence of claims, inquiries and investigations against a wide range of professionals, particularly those in the construction and financial services industries. She and her team regularly deploy legal tech to more efficiently run client matters.Kiri Parr (Director, Kiri Parr Pty Ltd)Following more than twenty years as a construction lawyer, initially in private practice and then fifteen years as the Regional General Counsel for Arup, Kiri established her own consultancy practice to work with clients to improve dispute resolution outcomes in the construction industry. Legal tech is one of the tools she believes can benefit clients.Matthew Hickey (Barrister, Level Twenty Seven Chambers) An early adopter of legal tech, Matthew has been receiving eBriefs and participating in online dispute proceedings long before COVID made such tools more widely required. His considerable trial and appellate experience traverses high-profile, reputation-sensitive litigation for or against multi-nationals, public companies, external administrators and government entities across the breadth of commercial law. Further materialsThis was recorded as a live webinar. The video recording and transcription can be viewed here.
63 minutes | Apr 16, 2021
Court Etiquette - Working with the Bar and Persuading the Bench
This Queensland Young Lawyers and Level Twenty Seven Chambers presentation was the first in a series of four consisting of relevant and practical education events for young lawyers. It was hosted as an in person and online workshop. You can find the video recording and PowerPoint slides via the link under 'further materials'. What will the seminar cover? Using cartoon videos, live internet demonstrations and polls, the speakers provide advice on How to prepare for your day in court What to expect during court proceedings How to conduct yourself after a court appearance Who should attend? Both barristers and solicitors, especially commercial lawyers, will find useful takeaways on how to prepare effectively for court proceedings. PRESENTERS Kristi Riedel (Barrister, Level Twenty Seven Chambers) As an in demand junior counsel practising out of Level Twenty Seven Chambers for insurance, employment, land and defamation matters, Kristi is regularly advising, and where needs be appearing in court, for clients in state and federal courts, tribunals and coronial inquests. She has extensive experience acting for both plaintiffs and institutions in historical child abuse claims and is recommended by Doyle’s Guide and AFR’s Best Lawyers® for professional negligence, financial lines and personal injury claims. Prior to commencing practice at the Bar, Kristi was a solicitor at a leading national law firm. Sophie Gibson (Barrister, Level Twenty Seven Chambers) Sophie’s broad commercial dispute resolution practice sees her frequently appearing in large-scale litigation at both trial and appellate level, representing clients from a wide range of industries, most notably the construction, insurance, property and shipping sectors. Prior to commencing her practice as a barrister at Level Twenty Seven Chambers, Sophie was a Judicial Associate in the High Court of Australia and an Associate in the commercial group of Norton Rose Fulbright.Further materialsYou can watch a video recording of the presentation and the PowerPoint slides here.
26 minutes | Mar 2, 2021
Pressing issues in valuation and compulsory acquisition
What will the seminar cover? The speakers will host a live online discussion focused on two cases from 2020 which raised topical questions: Conway & Ors v Australia Pacific LNG CSG Transmissions Pty Ltd & Anor  QLC 26 addressed questions about what compensation could arise from the reporting of a protected plant on a land owner’s property. Genamson Holdings Pty Ltd v Moreton Bay Regional Council & Anor  QSC 84 was a judicial review that examined the process by which a decision was made to compulsory acquire land and highlights the care required to undertake that process properly. Questions can be submitted to Tamara McCombe (firstname.lastname@example.org) in advance or live during the session. Who should attend? This is an important update for administrative, government, commercial and planning & environment lawyers, as well as those advising metropolitan and rural land owners. PRESENTERS Rob Anderson QC (Barrister, Level Twenty Seven Chambers) Rob is an experienced and versatile trial and appellate advocate. He provides advice in relation to a wide range of commercial matters, with defamation, insurance and professional negligence, property law, land valuation and compulsory acquisition, and insolvency as areas of particular focus. Timothy Stork (Barrister, Level Twenty Seven Chambers) With over 17 years’ experience in planning, environment, compulsory acquisition and energy law, first as Senior Associate at what is now a global firm and more recently as Senior Legal Counsel and Acting General Counsel at Energy Queensland, Tim is a client-focused barrister adept in providing user friendly and strategic advice to reach commercial and practical solutions.Extra MaterialsA copy of the slides used by the speakers, the original webinar video and audio transcript are available here.
58 minutes | Dec 18, 2020
The Law of Tracing
What does the seminar cover? The law of tracing determines when one rights stands in the place of another for the purposes of certain legal or equitable claims. It is one of the most important and practical, yet underdeveloped and misunderstood, areas of law. It is particularly relevant when making out equitable proprietary claims in the context of civil fraud, insolvency, and breaches of trust. Topics that will be covered: Tracing fundamentals: what is tracing, and the distinction between legal and equitable proprietary rights Equitable tracing: the prerequisites, the mixing rules, and the “lowest intermediate balance” rule Recent developments: the decision of the New South Wales Court of Appeal in Caron v Jahani (No 2)  NSWCA 117 Who should watch? All commercial dispute resolution lawyers, in-house counsel and their clients.Supporting materialsA video recording of the webinar and the PowerPoint are available here.PRESENTERS Mohammud Jaamae Hafeez-Baig (barrister, Level Twenty Seven Chambers) Jaamae is a talented commercial and public law barrister. He recently returned to Australia from the University of Oxford where he completed his Bachelor of Civil Law (with Distinction). Jordan English (Lecturer, University of Oxford) We warmly welcome our guest speaker who currently teaches contracts and trusts at the University of Oxford, having also taught land law, tort law and commercial remedies and restitution of unjust enrichment. Jordan’s DPhil is on the discharge of contractual obligations, his other research concerns all areas of private law. Before going to Oxford, Jordan studied at the University of Queensland, was a solicitor at an international law firm and was Associate to Justice James Edelman at the High Court of Australia. The speakers are the authors of the book ‘The Law of Tracing’ forthcoming in December 2021 from Federation Press.
58 minutes | Nov 10, 2020
Queensland's Human Rights Act: Turning Up the Heat for Australian Climate Change Litigation and Development Approvals?
What does the seminar cover? Globally, claimants are increasingly relying on constitutional and human rights laws in the attempts to hold governments and corporations accountable for addressing climate change. In this rapidly expanding area of the law, the panelists provide a practical overview of the Human Rights Act and its likely effect on climate litigation and the approvals process in Australia with reference to relevant cases and emerging trends and developments from other jurisdictions. In this episode, Level Twenty Seven Chambers is joined by James Strahan QC who is widely regarded as one of London’s leading planning and environmental silks, his expertise extends to high profile human rights cases in the UK Supreme Court and European Court of Human Rights on matters ranging from challenges to assisted dying laws through to cases concerning DNA and fingerprint data retention. Who should listen? Dispute resolution, planning & environment, energy & resources and government lawyers; NGO’s; in-house counsel; company secretaries and sustainability officers.Supporting materialsA video recording, the presentation slides and speaker details are available here.Liability limited by a scheme approved under the professional standards legislation
50 minutes | Nov 9, 2020
Moral Obloquy or Commercial Autonomy? Debating Statutory Unconscionability
What does the podcast cover?In the form of a court submission the presenters provide the context of the case ASIC v Kobelt and identify issues that are open to future litigation. Some topics addressed include: The High Court’s characterisation of the book-up credit system & the manner in which it was offered. Relevance of the Anangu customers’ perception of the credit system, reflecting aspects of Anangu culture not found in mainstream Australian society. Voluntariness in the context of the system of conduct in question, including the customers’ vulnerability and the cultural impacts. Relevance of “moral obloquy” in determining unconscionable conduct within the meaning of s 12CB ASIC Act. An examination of the majority and minority reasons and the application of Kobelt in recent cases. Hypothesising the potential reach of the High Court’s decision. Who should watch? Litigation teams with competition and consumer law practices, class actions lawyers, government lawyers, teams at regulatory bodies and in house counsel.Supporting materialsThe video recording, a written summary of the content and information about the speakers are available here.Liability limited by a scheme approved under the professional standards legislation
60 minutes | Oct 28, 2020
Commercial Mediations - Strategies and Tips to Achieve the Best Outcome for Your Client
What will the seminar cover? Commercial court disputes can be financially, reputationally and emotionally exhaustive for the parties involved. When approached with a considered strategy, mediations can lead to a more beneficial outcome for both sides of a dispute. With the onset of COVID-19 impacting the time it takes for disputes to reach the courts, mediations are increasingly seen as a valuable dispute resolution tool. In this dynamic webinar you will hear from the former Regional Counsel of a multinational professional services firm, an experienced QC mediator and counsel on: Why approaching mediations like litigation proceedings is ineffective How to prepare for mediations and engage with your mediator ahead of time for efficient proceedings on the day Briefing your in-house and external mediation team for maximum impact in a mediation Being aware of the psychological and emotion factors which come into play during a mediation The future of mediation management Who should attend? All law practitioners, especially commercial litigation lawyers as well as their clients and in-house counsel.WatchA video recording of the session is published here.Further ResourcesSupporting articles by the speakers are available here.Liability limited by a scheme approved under the professional standards legislation
62 minutes | Oct 20, 2020
Appeals: When is a Trial Judge "Wrong"?
What will the seminar cover?Appeals are characterised by a tension between two competing considerations. On the one hand, appeals serve an important public and private function in correcting errors by trial judges. On the other, appellate courts must be cognisant of their natural limitations and must give due respect to the advantages enjoyed by trial judges. How this dichotomy between appellate obligation and appellate restraint is resolved determines not only how appellate courts decide appeals, but also how counsel argue appeals.Viewers will join an English Court of Appeal judge and experienced counsel in a discussion of the diverging approaches to this issue taken by Australian and English law.Topics of discussion include:- The functions of the Queensland Court of Appeal and the English Court of Appeal- The standard of appellate review applicable to four types of first instance decision- The differences between Australian and English law- Whether Queensland v Masson  HCA 28 would have been decided differently in the UKWho should listen?All law practitioners, but particularly commercial lawyers, litigators and their clients.PRESENTERSDiscussion Chair: Roger Traves QC (barrister, Level Twenty Seven Chambers)The session Chair has appeared as counsel on numerous Court of Appeal cases across a spectrum of commercial cases, most recently State of Queensland v Masson which went to the High Court.UK perspective: Sir Richard McCombe (Lord Justice of Appeal, Court of Appeal of England and Wales)Chambers warmly welcomes our guest speaker. Richard was a practising barrister in the UK from 1975 until his appointment to the High Court of England and Wales in 2001. He was Presiding Judge of the Northern Circuit 2004-7 and appointed a Lord Justice of Appeal in 2012.Australia perspective: Mohammud Jaamae Hafeez-Baig (barrister, Level Twenty Seven Chambers)Additional materialsThe video recording of the session is published here.A list of the cases cited by the panel is available here.Liability limited by a scheme approved under the professional standards legislation
34 minutes | Oct 13, 2020
Commissions of Inquiry: an In-House Counsel Perspective
What will the seminar cover?Being in house counsel for a party to a commission of inquiry (COI) brings different considerations, responsibilities and challenges. You will hear firsthand from in-house counsel and barristers who have worked with in-house counsel on commissions of inquiry about the unique demands this brings to all parties and ideas on how to manage them collaboratively and effectively. Who should listen?All law practitioners, especially commercial litigation lawyers as well as their clients and in-house counsel. PRESENTERSChambers warmly welcomes two expert guest speakers to the third webinar in a series focusing on large scale litigation and/or those involving groups. Information about the commissions of inquiry and class actions webinars is available here. Panel Chair:Nicholas Andreatidis QC (barrister, Level Twenty Seven Chambers) Panel:Denise Obst (General Counsel Australia, GHD) Carissa Smith (Senior Legal Counsel Australia, GHD) Sophie Gibson (barrister, Level Twenty Seven Chambers)MATERIALSThe video recording and PowerPoint are published here.Liability limited by a scheme approved under the professional standards legislation
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