Briefed: Commercial Law Updates: Recent Episodes

Level Twenty Seven Chambers

What's the state of play in Australian commercial law? Join Level Twenty Seven Chambers (Brisbane, Australia), Queensland’s largest group of barristers, for up to the minute insights and practical tips regarding Australian commercial law. The group’s exceptional reputation is recognised in legal directories such as Chambers & Partners, Doyle's, Who's Who and Best Lawyers. The group assists clients on all aspects of commercial law and are often engaged on matters of high commercial value as well as technical and legal complexity.

WHAT DOES THE SEMINAR COVER?

A dishonest agent of a company causes a bank to transfer funds out of the company’s account and then absconds with the money. If the agent can be found, there may be personal claims against them. If traceable proceeds can be found, there may be proprietary claims in respect of them. But what about claims against the bank?

It has long been clear that banks are under a duty to refrain from executing a customer’s order if, and for so long as, the bank has reasonable grounds for believing that the order is an attempt to defraud the customer—sometimes referred to in English law as the “Quincecare duty”. But the basis for and scope of that duty have only recently been closely examined.

The Privy Council considered the duty in 2022 and the Hong Kong Court of Final Appeal considered it in 2023. But the most comprehensive examination—and reformulation—of the duty came with the decision of the United Kingdom Supreme Court earlier this year in Philipp v Barclays Bank UK Plc [2023] 3 WLR 284.

Despite all of this, there has been curiously little attention given to the Quincecare duty in Australian law. This seminar will cover:

what the Quincecare duty is and when a claim for breach of the duty will be advantageous;
the recent developments in the Privy Council, the Hong Kong Court of Final Appeal, and the United Kingdom Supreme Court; and
the current state of Australian law on the Quincecare duty, what remains unclear, and what might change in light of the above developments.

WHO SHOULD LISTEN?

This session will interest all commercial advisory and litigation lawyers, in-house counsel, and their clients. He is a co-author of the publication, The Law of Tracing (Federation Press, 2021), and is a member of the author team for Civil Procedure Queensland. Jaamae

PRESENTER

Mohammud Jaamae Hafeez-Baig (Barrister, Level Twenty Seven Chambers)

Jaamae practises from Level Twenty Seven Chambers in Brisbane and from Brick Court Chambers in London. He has a broad practice that covers all areas of commercial and public law. His notable recent instructions include appearing in the High Court of Australia, the Privy Council, and the English Commercial Court. He has a particular interest in civil fraud and asset recovery and is a co-author of The Law of Tracing (Federation Press, 2021).

MATERIALS

This presentation was hosted as a live in person seminar/webinar. The video recording, PowerPoint and transcript are available here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What does the seminar cover?

In the decision of Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles was invalid. The tax was held to be a “duty of excise” which, under s 90 of the Constitution, States cannot impose. Section 90 reserves to the Commonwealth Parliament the exclusive power to impose duties of excise.

The decision is significant because the majority reopened and overruled previous High Court authority to reach that conclusion. It is also significant because it may affect the validity of other state taxes.

This seminar will explore:

the meaning of “duty of excise” in s 90 of the Constitution as established by previous decisions of the High Court;
the decision in Vanderstock and the key reasons of the majority and the dissenting Justices; and
the implications of Vanderstock for state taxes other than those concerning EVs.

Sarah and Michael authored an article of the same name in Proctor (Queensland Law Society) which provides a high-level summary of the topics that will be covered in this seminar.

Who should watch?

This session will interest advisory and litigation lawyers, especially those with tax practices.

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, class actions, professional negligence, estates and real property. He is variously listed in Chambers & Partners, Doyle’s Guide, AFR’s Best Lawyers and Legal 500 for his expertise in commercial dispute resolution, competition law, tax law, and insolvency & reconstruction.

Sarah Spottiswood (Barrister, Level Twenty Seven Chambers)

Sarah practices commercial litigation and arbitration as well as constitutional and administrative law. Since coming to the Bar, she has appeared in several matters in the High Court of Australia, in State and Federal Courts and in various tribunals, mostly in Queensland but also in Victoria. These matters range from large and complex commercial and corporate disputes through to sensitive and high-profile public law litigation. She is listed as a leading junior for commercial disputes by Legal 500 Asia Pacific.

Sarah appeared for the Attorney-General of Queensland in Vanderstock v Victoria [2023] HCA 30.

Michael Maynard (Barrister, Level Twenty Seven Chambers)

Michael accepts briefs in all areas of law, with a particular focus on commercial and public law. Immediately prior to commencing at the Bar, he was Counsel Assisting the Solicitor-General of the Commonwealth. He was previously a Senior Lawyer and the Australian Government Solicitor (AGS), Counsel within the Office of General Counsel at AGS, and a solicitor King & Wood Mallesons.

Michael appeared for the Attorney-General of

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

WHAT DOES THE SEMINAR COVER?
Discretionary trusts in Australia are drafted to give trustees maximum flexibility in the exercise of their discretions, which are variously described as “uncontrolled”, “absolute” and even “irresponsible”. Since the 19th century the Courts have declined to examine the exercise (or non exercise) of these discretions, except in very special circumstances. The Courts have supposed that it is the settlor’s express desire that just as they could give away their own property as they see fit, where reasonably or not, so can they permit their trustee to do so for any beneficiary or beneficiaries, without risk of any justiciable complaint by a disappointed beneficiary (except in the case of actual fraud.)

The Victorian Court of Appeal has put into question this settled law. Until now, and even where a trustee voluntarily gives reasons for its decision, that discretion could only be challenged where the trustee had acted in bad faith and failed to give “real and genuine consideration” to exercising it. In Wareham v Marsella and Owies v JJE Nominees, the Victorian Court of Appeal has endorsed the contrary position: bad faith is not required to impugn the exercise of an absolute discretion, and failure to give “real and genuine consideration” to the manner and sufficiency of its exercise is.

In this seminar these competing positions will be analysed. Mr Robertson suggests that these decisions ought not be followed in Queensland. He suggests the correct view is that a person acting in good faith may do as they like with their property, however unfair, unreasonable, or unwise, and can authorise a trustee to do likewise. The court can inquire into whether the absolute discretion was exercised upon the trustee in good faith having given “real and genuine consideration” to doing so, but cannot be concerned with how.

In this seminar you will hear about :

The established law
The recent Victorian decisions and the circumstances when a disappointed beneficiary can litigate or a trustee can reverse its decision
Mr Robertson’s views as to where the Victorian Courts went wrong and why they should not be followed in Queensland
What can be done in drafting to carry into effect the settlor’s wishes

WHO SHOULD WATCH?
This session will interest advisory and litigation lawyers with tax and succession law practices as well as those who are concerned with advising trustees of discretionary trusts generally.

PRESENTER
Mark Robertson KC (Barrister, Level Twenty Seven Chambers)

A preeminent King’s Counsel and Chartered Tax Adviser with an Australia-wide practice, Mark specialises in revenue and trust law. He provides complex advice to, and appears for, commonwealth and state revenue authorities, Australia’s leading corporate groups, high net wealth individuals, as well as foreign investors in relation to proposed and completed domestic and cross-border transactions (including in estate and family law contexts).

MATERIALS
This presentation was hosted as a live seminar/webinar. A video recording and transcript of the presentation are available here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

The primary purpose of the Courts in any legal system must be to determine the truth. In common law systems, that purpose is generally facilitated by subjecting witnesses to cross-examination and requiring parties to disclose and produce relevant documents. However, in certain cases, one may resist giving relevant information or producing relevant documents by invoking the doctrine of legal professional privilege.

The history of legal professional privilege stretches over half a millennium. Despite this, it continues to be tested by litigants and refined by the Court. An understanding of the modern doctrine is important if we are to properly balance the competing obligations of disclosure and confidentiality.

In this seminar, you will hear about:

the history of legal professional privilege and its modern application;
the maintenance and waiver of legal professional privilege;
recent developments concerning the abrogation of legal professional privilege.

Who should listen?

The session will interest all commercial advisory and litigation lawyers, in-house counsel and their clients.

PRESENTERS

Matthew Jones (Barrister, Level Twenty Seven Chambers)

Matthew has fourteen years’ experience as a barrister, having previously been trained as a solicitor by market leading litigators. He is know for his strategic and commercial approach to litigation, spanning very substantial resources litigation to joint venture and business disputes. His practice focuses primarily on resources, building & construction, shareholder disputes, professional negligence and insolvency. He also has strong practices in insurance, intellectual property, banking & finance and property matters.

Jason Mitchenson (Barrister, Level Twenty Seven Chambers)

Jason’s broad civil practice focuses on contract, equity, construction & infrastructure, competition & consumer and IP disputes. He is particularly experienced in arbitration. His clients include state entities, national manufacturers and resource companies, shareholders, property developers and company owners.

MATERIALSThe presentation was recorded as a live in person seminar/webinar. The video recording, PowerPoint and transcript are available here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

The Strategy of Pleadings was the second of four education events in 2023 co-hosted by Queensland Young Lawyers and Level Twenty Seven Chambers. Oliver Cook (Level Twenty Seven Chambers) and Jayleigh Sargent (16 Quay Central) facilitated this session.

Topics covered:

The purpose of pleadings
Advocacy through pleadings
Strategic approaches to pleadings

Who should watch?

The session was targeted at those up to PQE 5 years but more experienced lawyers will find it a helpful a refresher.

PRESENTERS

Oliver Cook (Barrister, Level Twenty Seven Chambers)

Oliver joined Level Twenty Seven Chambers from Herbert Smith Freehills, having worked in the firm’s Brisbane and Tokyo offices. He advises and appears for parties in a multitude of sectors, including franchising, insurance, consumer protection, construction, government and insolvency. Having worked on large-scale national and cross-border commercial disputes, including class actions and arbitrations, Oliver is familiar with heavy and complex cases involving the coordination of large teams of lawyers and experts in various jurisdictions, often requiring the adoption of eDiscovery, litigation databases and remote legal hearing technology. He is a contributing author to the LexisNexis publication Court Forms, Precedents and Pleadings Queensland and on the steering committee of ACICA45 which organises activities for early career professionals interested in arbitration.

Jayleigh Sargent (Barrister, 16 Quay Central)

Following over six years working in disputes and insolvency at a boutique litigation firm and then a national firm, Jayleigh was called to the Bar in 2022. Her practice as a barrister centres on commercial, corporate and insolvency litigation, with particular experience in property and contractual disputes.

MATERIALS

The presentation was recorded as a live seminar/webinar. The video recording, PowerPoint and transcript are published here.

'Preparing for Trial' was the first event. You can catch up here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

This was the first CPD in a series of four co-hosted by Level Twenty Seven Chambers and Queensland Young Lawyers covering essential lawyer knowledge and skills.

Both having practised as solicitors at international law firms prior to joining the bar, Michael Trim (Level Twenty Seven Chambers) and Tim Stork (Lucinda Chambers) shared practical tips on preparing for trials in the commercial and planning & environment courts.

Who should watch?

The session was targeted at those up to PQE 5 years but more experienced lawyers will find it a helpful a refresh.

PRESENTERS

Michael Trim (Barrister, Level Twenty Seven Chambers)

Michael is a commercial law barrister. His blend of legal and strategic acumen stems from his experience as a solicitor, solicitor advocate and barrister on construction, infrastructure, insurance and property disputes for over twenty years. Prior to joining the Queensland Bar in 2009, Michael worked at top firms in Adelaide, Brisbane and London, including Clyde & Co and Clifford Chance in London. Michael represents national and international law firms, as well as major construction corporations, in all QLD’s courts and often in international arbitrations.

Tim Stork (Barrister, Lucinda 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 now practices as a client-focused barrister adept in providing user friendly and strategic advice to reach commercial and practical solutions. Tim appears in QLD’s Planning & Environment Court and Land Court for residential, retail and commercial developers, landowners, government agencies, and private clients.

MATERIALS
The original video recording, PowerPoint and transcript are available here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What does the seminar cover?

According to Lord Reed, the issues on appeal in BTI 2014 LLC v Sequana SA [2022] UKSC 25 “go to the heart of our understanding of company law, and a considerable importance to the management of companies”. The decision concerns the fiduciary duty of directors to act in good faith in the interests of the company.

You you will hear:

How the dispute arose
What the Court of Appeal decided and why the directors argued this was wrong
Why the Supreme Court says this “is a momentous decision for company law”
Whether company directors owe a duty to consider or act in accordance with the interests of the company’s creditors when the company becomes insolvent or is at risk of insolvency
The potential consequences BTI 2014 LLC v Sequana SA will have on directors’ duties in Australia

Who should watch?

This session will interest advisory and litigation lawyers with insolvency practices as well as those who are concerned with advising corporate directors generally.

Due to equipment issues the audio quality was compromised, it is recommended you turn the volume up on your device. Please see below for details of where to find the transcript.

PRESENTERS
Paul McQuade KC (Barrister, Level Twenty Seven Chambers)

Paul practices commercial litigation, with particular emphasis on banking and finance, competition and consumer law, corporate law, contract law, corporate and personal insolvency, equity, partnerships, property, securities and trusts. He utilises the specialist knowledge and skills he gained as a Chartered Accountant in factually and legally complex matters.

David Chesterman KC (Barrister, Level Twenty Seven Chambers)

David is regularly instructed to represent major corporate clients to resolve disputes concerning insolvency, contacts, equity, banking & finance, real property, IP, professional negligence and regulatory issues. He has over 15 years’ experience in commercial litigation.

Matthew Jones (Barrister, Level Twenty Seven Chambers)

Matthew has over 12 years’ experience as a barrister, having previously been trained as a solicitor by market leading litigators. He is known for his strategic and commercial approach to litigation, spanning very substantial resources litigation to joint venture and business disputes.

MATERIALS
This presentation was recorded as a live webinar. The video recording, PowerPoint and transcript are published here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

This seminar was hosted as a collaboration between the Downs & South West QLD Law Association (DSWQLA) and Level Twenty Seven Chambers 1730 on 1 December 2022. Shane Monks and Kristi Riedel (Level Twenty Seven Chambers) and Clare Dart (Inns of Court) are barristers who are well-versed in commercial, insurance and family law disputes. They look at strategic questions for your client concerning offers to settle such as:

When should you make an offer to settle?
How might a settlement dis/advantage your client?
What types of settlement are available to commercial, insurance (PIPA, MAIA, WCRA) and family law disputes?
What should be kept in mind in the context of insurance (PIPA, MAIA, WCRA) settlement conferences?
How do you prime your client and opponent to settle?
When should you refuse an offer to settle?

Who should watch?

This session will interest lawyers with commercial or family law practices.

PRESENTERS

Shane Monks (Barrister, Level Twenty Seven Chambers)

During a legal career of over twenty-five years, Shane has practised in national and international commercial dispute resolution as a solicitor and barrister as well as an academic. With insights gained from working at leading international, national and boutique law firms, and three years as a lecturer at Oxford University, Shane brings an intellectual, strategic and commercial approach tailored to each matter. His practice encompasses arbitration, building and construction, contractual disputes, corporations law, insolvency, professional indemnity claims, real property, restraint of trade, securities, and trade practices. Shane also acts in succession matters and tort claims, and has specialist experience in public and private international law.

Clare Dart (Barrister, Inns of Court)

Clare has been practising predominantly in family law,child protection and domestic violence law since 1997. She has practised in Australia, the United Kingdom and Swaziland. Clare has a keen interest in human rights law, having completed a Masters of Law in Human Rights in 2006. In addition to practising as a barrister, Clare is a registered Family Dispute Resolution Practitioner, a nationally accredited mediator and an arbitrator.

Kristi Riedel (Barrister, Level Twenty Seven Chambers)

Within her commercial law practice, Kristi has extensive experience in all facets of insurance law – including professional negligence, financial lines and personal injury claims. 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. Since being called to the Bar, Kristi has gained extensive experience acting for both plaintiffs and institutions in historical child abuse claims. Kristi is also well-versed in assisting clients in matters concerning employment law and land law, in addition to defamation matters. She acts for defendants in work, heal

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

Queensland Young Lawyers (QYL) and the barristers at Level Twenty Seven Chambers curated a series of four CPDs spanning 2022 to provide young lawyers with knowledge essential to their role.

The final installment ‘Disclosure’ was facilitated by Sarah Spottiswood and Oliver Cook. Sarah and Oliver are barristers practising from Level Twenty Seven Chambers (Brisbane, Australia) but prior to commencing at the Bar they were solicitors in government departments and an international law firm respectively. They will draw from a deep understanding of the litigation process to highlight:

What disclosure is from a legal and technical perspective
The different obligations in Australia's State and Federal Courts
When disclosure is/not appropriate in litigation

They also answer common questions about practical issues for those subject to disclosure obligations.

Who should listen?

All lawyers with litigation practices, especially those 1-5 PQE.

PRESENTERS

Sarah Spottiswood (Barrister, Level Twenty Seven Chambers)

Since coming to the Bar, Sarah has been instructed in a wide range of commercial disputes. Her practice spans a broad spectrum of industries, including aviation and transport, construction and infrastructure, finance, government, IT, property, environment and resources. With seven years' experience working as a solicitor in public law litigation for both the UK and Australian governments, Sarah draws on her experience in constitutional and administrative law cases. She has a significant background in international law, having advised a UK government department on international trade issues and represented the UK at the UNCITRAL Working Group on Investor-State Dispute Settlement..

Oliver Cook (Barrister, Level Twenty Seven Chambers)

Advising and appearing for parties in a variety of sectors, including franchising, insurance, consumer protection, construction, government and insolvency in a wide range of commercial matters, Oliver draws on his experience as a commercial disputes solicitor at Herbert Smith Freehills in Brisbane and Tokyo. While a solicitor, he was involved in large-scale and cross-border disputes. As such, he is familiar with heavy and complex matters requiring the coordination of large teams of lawyers and experts, often requiring the adoption of eDiscovery, litigation databases and remote hearing technology.

MATERIALS
This was recorded live as a seminar/webinar. The video recording, PowerPoint and transcript are available here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

Appearing on an Application was event three in a four part series co-hosted by Queensland Young Lawyers (QYL) and Level Twenty Seven Chambers which aimed to provide informative and practical sessions on skills barristers and solicitors are often expected to know but not always formally taught. While sessions are typically aimed at lawyers of 3-5 years PQE, those completing their legal training and with additional PQE are also welcome. The speakers, Nicholas Andreatidis KC and Florence Chen are barristers practising in commercial law from Level Twenty Seven Chambers in Brisbane, Australia. The seminar provides a checklist of materials and rules one should consider when appearing on an application in Australia's courts.

Who should attend?

All lawyers with litigation practices, especially those 1-5 PQE.

PRESENTERS

Nicholas Andreatidis KC (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 31 years Nicholas is able to draw on a wealth of experience in diverse areas of the law to advise and litigate for his clients. This experience combined with his friendly and collaborative working style make him a popular choice for instruction by both lawyers and clients. His practice is dominated by legally complex and high value work in the Supreme Court and commercial arbitration. He appears in all courts, arbitrations and commissions of inquiry as well as possessing extensive experience in mediations, as counsel and mediator.

Florence Chen (Barrister, Level Twenty Seven Chambers)

Florence Chen has a broad commercial practice with particular expertise in the areas of tax, building and construction, an succession. She acts in a wide spectrum of complex commercial disputes in both State and Federal jurisdictions. She has most recently been involved in proceedings involving tax litigation for the ATO, QRO and the taxpayer relating to income tax, payroll tax, superannuation and stamp duty. She has appeared in various trials and hearings involving breaches of contracts, allegations of misleading and deceptive conduct, partnerships, allegations of breaches of directors duties, unfair preference payments, property and commercial leasing disputes, family provision applications and judicial review applications.

MATERIALS
The video recording of the seminar, a checklist produced by the speakers and a transcript are published here.

Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.

Want to join future seminars live, in person or online? Register your interest.

Website: www.level27chambers.com.au

What will the seminar cover?

Briefing Counsel is a webinar co-hosted by Queensland Young Lawyers (QYL) and Level Twenty Seven Chambers. This is the second event in a series covering essential topics and skills junior lawyers should be on top of.

Junior barristers, Mei Ying-Barnes and Hannah Lilley, who practise from Level Twenty Seven Chambers shared tips on:

How to find suitably skilled barristers for your matter
What documents should be included in a brief
Tips on ways to communicate with counsel during an ongoing matter

Mei and Hannah's advice comes from the position of having briefed barristers in their previous roles as solicitors, as well as having received briefs as barristers from boutique, state, national and international law firms. The webinar aims to help solicitors streamline the dispute resolution process by ensuring each lawyer in a team knows what is required of them and avoiding work duplications.

Who should attend?

All lawyers with litigation practices, especially those 1-5 PQE.

PRESENTERS

Mei Ying-Barnes (Barrister, Level Twenty Seven Chambers)

Versatile, client focused and approachable, Mei practises predominantly in the areas of construction, competition and property (including Native Title). She advises and appears (both led and alone) for public and private corporations, State and Federal Government agencies, and individuals on contentious matters in all State and Federal courts. Prior to coming to the Bar, she was a solicitor at Herbert Smith Freehills, an associate to the Hon. Justice Margaret Wilson of the Supreme Court of Queensland and in house at the Commonwealth Department of Resources and Energy.

Hannah Lilley (Barrister, Level Twenty Seven Chambers)

Since coming to the Bar, Hannah has been instructed in a wide range of commercial disputes including those concerning contracts, corporations, equity, misleading and deceptive conduct, banking and insolvency, consumer protection, building and construction (including security of payment), large infrastructure disputes, franchise disputes, insurance and property law. She appears both led and unled in all State and Federal courts. Hannah draws on seven years’ experience working as a solicitor, initially at Allens in Brisbane and most recently as a Managing Associate at Linklaters LLP in London. In addition to having been a solicitor, prior to commencing at the Bar, Hannah was an Associate to the Honourable Justice Patrick Keane AC in both the Federal Court of Australia and in the High Court of Australia.

MaterialsThe event was originally recorded as a webinar. The video recording and transcript are available here.

The recording from event 1 in the series, Life at the Bar, is available here.

What does the seminar cover?

Lawyers are in the business of producing persuasive writing, but they often neglect a key dimension: document design and typography. Legal documents are professionally published materials and their readers—clients, judges, or the public—expect them to be of the same standard as other professionally published materials. And while a well-designed document cannot rescue a bad piece of writing, it can make good writing clearer and more compelling.

Drawing on personal experience and professional typography texts, the presenters will demonstrate the importance of document design and typography to persuasive legal writing. They will cover the key text-level, paragraph-level, and document-level considerations, and will dispel the myths and bad habits that pervade this area. Sample documents will illustrate the difference that good design and typography makes to the inherent persuasiveness of a document.

Who should listen?

Litigation lawyers with across all areas of law will leave with tips for improving the persuasiveness of their legal document writing.

PRESENTERS

The Hon. Justice John Bond (Judge, Queensland Court of Appeal)

Justice Bond began his career as a lawyer 34+ years ago, having set his sight on a legal path from an early age. Prior to being called to the Bench, he practised as a barrister. He was called to the Supreme Court of Queensland in 2015.

Matthew Hickey OAM (Barrister, Level Twenty Seven Chambers)

Matthew has considerable trial and appellate experience in diverse practice areas, particularly in high-profile, reputation-sensitive litigation. He typically appears for or against multi-nationals, public companies, external administrators and government entities. He is named by Best Lawyers® in commercial law, insolvency & organisation, litigation, and construction & infrastructure law. Doyle’s Guide to the Australian Legal Profession ranks him as a leading counsel in commercial litigation & dispute resolution, insolvency & restructuring, and building & construction (Qld and Australia).

Mohammud Jaamae Hafeez-Baig (Barrister, Level Twenty Seven Chambers)

As a commercial and public barrister, Jaamae's practice encompasses equity and trusts, civil fraud and asset recovery claims, contract law, administrative law, corporations law, consumer law, insolvency, and succession law. He has authored or co-authored 17 publications in international and domestic peer-reviewed law journals spanning private and commercial law topics. He is co-author of The Law of Tracing.

Christopher Doyle (Barrister, Level Twenty Seven Chambers)

Chris has a broad commercial practice. Building on his time as a solicitor in commercial litigation and dispute resolution at a national Australian law firm he has an attuned sense of each client’s needs. He combines this client-centric approach with legal expertise drawn from acting for clients in a variety of industries, most notably the energy and resources, construction and infrastructure, and property sectors in all State and Federal Courts.

MATERIALS
This was recorded as a webinar. The video recording, PowerPoint and transcript are available here.

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.

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.

MATERIALS
A video recording of the presentation and transcript are available here.

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.

MATERIALS

This presentation was provided as a live webinar. The video recording and transcript are available here.

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)

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The presentation is free to view. For further information, please contact Tamara

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.

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.

Materials
This presentation was recorded as a live webinar. The video recording, PowerPoint and transcript are available here.

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 defences

WHO SHOULD LISTEN?
Lawyers from all Australian states and territories with practices concerning defamation law will find this a crucial update.

PRESENTERS
Michael 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.

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.

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.

‘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/MATERIALS
This presentation was provided as a hybrid in person seminar/webinar. The video recording, PowerPoint and transcript are available here.

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.

PRESENTERS
Paul 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 MATERIALS
The topic was presented as a live webinar/in person seminar. The PowerPoint used during the presentation and the transcript are available here.

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 expect

PRESENTERS
Kate 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.

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.

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 [2020] 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 [2020] 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 (tamara.mccombe@level27chambers.com.au) 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.

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) [2020] NSWCA 117

Who should watch?

All commercial dispute resolution lawyers, in-house counsel and their clients.

Supporting materials

A 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.

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 materials
A video recording, the presentation slides and speaker details are available here.

Liability limited by a scheme approved under the professional standards legislation

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 materials
The 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

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.

Watch

A video recording of the session is published here.

Further Resources

Supporting articles by the speakers are available here.

Liability limited by a scheme approved under the professional standards legislation

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 [2020] HCA 28 would have been decided differently in the UK

Who should listen?
All law practitioners, but particularly commercial lawyers, litigators and their clients.

PRESENTERS
Discussion 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 materials
The 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

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

What will the seminar cover?

You will hear firsthand insights and learnings of how coronial inquests (CI) operate most effectively from the State and Deputy State Coroner of Queensland and counsel who have been party to a wide spectrum of CIs.

Topics covered include:

Background & context of CIs
Practical issues for those appearing at a CI
Important procedural considerations
Implications of CIs such as referrals, judicial review & justiciability

Who should attend?

All law practitioners, particularly commercial lawyers, lawyers in the insurance space, litigators, corporate counsel whose role includes workplace health & safety components and their clients.

Materials
A video of the webinar and the PowerPoint are available here.

Liability limited by a scheme approved under the professional standards legislation

What will the seminar cover?

You will hear from experienced panelists, who have acted in a variety of roles in commissions of inquiries and inquests (COIs), on how to best plan and execute your client’s strategy, when engaging with these unique legal processes.

Discussion will include:

How COIs differ from trials
Tips on preparing your counsel team and client
Practicalities of planning for COIs
COI procedures for obtaining leave, and adducing evidence from witnesses & experts
Options for maximising your clients best interests
Establishing effective relationships between those with different roles in COIs

Who should attend?

All law practitioners, but particularly commercial lawyers, litigators and their clients.

Materials
A video of the webinar and the PowerPoint is available here.

Liability limited by a scheme approved under the professional standards legislation

What will the seminar cover?

The Glencore International AG v Commissioner of Taxation [2019] HCA 26 judgment confirmed that legal professional privilege is a shield, not a sword. A panel of Level Twenty Seven Chambers barristers and forensic expert Brendan Read (KordaMentha) discuss the impacts of this and other decisions in the context of regulatory investigations (known and unknown), commercial disputes as well as civil and criminal penalty cases.

The panel:

Explain why Glencore will change how lawyers conduct matters
Review what can be done to seek to protect privilege and confidentiality

Who should listen?

All disputes resolution lawyers and in house counsel. Clients of firms are also welcome to attend.

Watch the video and see the PowerPoint here.

Liability limited by a scheme approved under the professional standards legislation

What does the podcast cover?

Loss of opportunity cases can present significant challenges, as a party seeks to establish the likelihood of one or more hypothetical scenarios, and the value of an opportunity lost. This presentation detailed a proper approach to a loss of opportunity case, including what must be pleaded and proved to establish causation and loss, with an emphasis on the preparation of expert evidence relevant to the valuation of a lost opportunity. Attendees left with practical suggestions for supporting or challenging a loss of opportunity assessment as cost-effectively as possible.

The main topics covered are:

Key principles which inform the assessment of damages in a loss of opportunity case;
Examples of loss of opportunity cases, focusing on evidentiary requirements to prove causation and loss;
Valuation concepts relevant to the assessment of loss, including the treatment of risk and uncertainty inherent in a hypothetical scenario;
Practical guidance in framing and proving a loss of opportunity case.

Who should listen?

This topic will assist litigation lawyers, in house counsel, as well as accountants and other experts who may be called upon to analyse a venture with uncertain prospects of success.

Video recording, PowerPoint & Speaker Informationhttps://www.level27chambers.com.au/seminars/so-youre-telling-me-theres-a-chance-the-preparation-and-presentation-of-claims-for-loss-of-opportunity-damages/

Liability limited by a scheme approved under the professional standards legislation

What will the seminar cover?

The panel will explore class actions as procedural vehicle, what information is required by litigation funders to invest and practical approaches to defining a class.

Discussion will include:

Where to start when you think a matter/client is suitable for a class action
Commercial and strategic considerations behind commencing a class action
When to consider closing the class
Recent controversies in class closure

Who should listen?

All law practitioners, but particularly commercial lawyers, litigators and their clients.

Video, PowerPoint & Speaker Informationhttps://www.level27chambers.com.au/seminars/managing-class-action-disputes-class-definition/

Liability limited by a scheme approved under the professional standards legislation