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The Covid-19 crisis and lockdowns were unforeseen events, impacting on the performance of contracts. Can parties escape their contractual obligations by relying on the doctrine of frustration in a time of Covid? How do these events affect force majeure clauses? These questions and more will be answered in this CPD.
The High Court decision has clarified how liquidators of corporate trustees may deal with trust assets and the application of the priority regime prescribed by the Corporations Act 2001 to the distribution of the proceeds of trust assets to trust creditors. The decision also resolves the long-standing tension between the decision of the Full Court of the Supreme Court of South Australia in Re Suco Gold Pty Ltd (in liq) (1983) SASR 99 and the Full Court of the Supreme Court of Victoria in Re Enhill Pty Ltd  1 VR 561.
This session builds on the previous Victorian Bar CPD session that provided an introduction and overview to blockchain technology and cryptocurrencies. This session will survey the extant Australian case law considering blockchain and cryptocurrencies, drawing out the key themes and implications for the law and legal practice. The session will also delve into current regulatory trends and make predictions about the types of evidentiary, legal, and jurisdictional issues that may arise in the context of future legal disputes.
This seminar will address the Australian Law Reform Commission’s recent report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, including the ALRC’s recommendations with respect to the regulation of third-party litigation funding in class actions, the case management of class…
In the seminar, the Chief Justice of the Supreme Court, the Chief Judge of the County Court of Victoria, the Chief Magistrate of the Magistrates’ Court of Victoria and the President of the Victorian Civil and Administrative Tribunal will each explore emerging practice areas, as well as highlighting those practice areas that are static or shrinking.
The Commercial Bar Civil Procedure Section is pleased to present a panel discussion on the vexed issue of making applications to judicial officers to recuse themselves on the grounds of apprehended bias. The panel will review recent decisions in this area and will provide an overview as to how best to (or how best not to) approach such an application.
This seminar provided an update on principles of loss and damage in particular the time for assessment, and when loss and damage first arises. An understanding of these issues is critical for trial.
Developments in the Commercial Court continue apace. During this seminar, members of the Court speak about management for the Corporations List, formalisation of the oppression proceeding program, judicial mediations, new powers for judicial registrars, and e-filing.
This seminar examined the boundaries of remedies available under the Australian Consumer Law by reference to gain-based measures of relief as a means both of providing recompense to the plaintiff and deterring misleading conduct.
Directors of companies that trade overseas, and those of subsidiaries of overseas companies, may have duties imposed upon them by foreign law and be subject to the jurisdiction of foreign courts, especially where entities or their holding companies are approaching insolvency. Legal advisers have to be aware of the potential for that to occur. This presentation discusses the potential liability and provides examples of it. It also looks at and discusses the need to develop an understanding of how different legal systems impose duties on directors. This seminar is open to barristers, solicitors, in-house counsel and insolvency practitioners.
This seminar provides insight into dealing with self -represented litigants in commercial cases with a perspective from the bench and the bar and also look at the role of the Victorian Bar Pro Bono Scheme.
In this CPD, the panel will provide an update on global Artificial Intelligence trends, implications for the law, and impacts on legal practice and litigation
His Honour Judge Anthony Kelly of the Federal Circuit Court of Australia chairs a discussion with speakers Michael Galvin QC and Daniel Snyder hosted by the Victorian Bar and the Insolvency Section of the Commercial Bar Association.
Dr John Glover, commercial barrister specialising in trusts and tax law and Professor of Law in the Graduate School of Business and Law at RMIT University, speaks on whether Australia needs an ATO registry of trusts and trust assets, and possible characteristics of such a registry.
In this Q&A Session with Lisa Hannon, key discussion points cover the area of compulsory land acquisition including the basic concepts, possibilities for compensation, how practitioners can best manage client expectations, unpacking “LACA Language” and the importance of specialist advice.
This CPD seminar discusses the High Court’s decision in the Bywater Investments case and the status of Esquire Nominees Ltd v FCT (1973) 129 CLR 177 after Bywater Investments. Dr Julianne Jaques also discusses lessons from Bywater for ensuring foreign subsidiaries remain non-resident.
This seminar discusses how Barristers can effectively communicate with Judges. The seminar is presented by Victorian County Court Judge Chettle. Judge Chettle advises advocates from his own experiences, both as a Judge and Barrister, the steps to take to create and maintain a positive relationship with a judge throughout a case.
In this Q&A Session, Stewart Maiden discusses cross border insolvency law – what it is, why it is important, questions of jurisdictional diversity, modified universalism, the UNCITRAL Model law, foreign proceedings and centre of main interests. Stewart also discusses the cases of Akers v Deputy Commissioner of Taxation, Legend International Holdings Inc (in liq) v Indian Farmers Fertiliser Cooperative Limited and the Hanjin Shipping case.
In this Q&A Session, James W S Peters QC and Daniel Crennan discuss the Code of Banking Practice, including the types of issues it deals with, how it affects the relationship of Banking and customer/guarantees, warranties, breaches and conditions. Two key cases in Victoria discussed in this Q&A include Doggett v CBA and NAB v Rose.
This Q&A Session with Martin Scott QC & Chris Young discusses the Shen Neng ship grounding on the Great Barrier Reef, and how the issues are of broader relevance to running and managing litigation or arbitration involving foreign litigants,foreign witnesses, non-English speaking witnesses, unusual fields of expertise or large claims against insured defendants.
In this Q&A Session, Michael Wyles QC discusses class actions, the relevant sections in the Supreme Court Act 1986, opting out of class actions, class members’ control over proceedings, power to commence a class action and the class action plaintiff’s duty to class members. Michael Wyles QC also provides practical tips on strategy, documentation handling & risk management.
This is a panel session which discusses the legal issues that arise in bankruptcy cases in relation to family law matters. The panel, chaired by Geoffrey Dickson QC consists of barristers Leslie Glick QC, Peter Fary and Catherine Gobbo, as well as Family Court Justice Paul Cronin.
In this Q&A Session, James WS Peters QC discusses key issues and recent developments in the area of Directors’ and Officers’ (D&O) insurance with particular focus on construction and causation, and the recent Oz Minerals and Hird v Chubb decisions.
This seminar examines enforcement of a foreign judgment based on submission to jurisdiction. It discusses the Privy Council decision in Vizcaya Partners Ltd v Picard & Anor  UKPC 5; the role of experts on foreign Law; and both the Foreign Judgments Act 1962 (Vic) and the Foreign Judgments Act 1991 (Cth).
This is a debate between barristers Damien McAloon and Katherine Brazenor on the issue of whether the peak indebtedness rule remains an essential part of Australian Law. The Moderator is retired Federal Court Judge, the Honourable Ray Finkelstein AO, QC. The debate is sparked by the New Zealand Court of Appeal rejection of the peak indebtedness rule in Timberworld Ltd v Levin .
This CPD is a panel session on matters of public examinations. The Panel, chaired by Michael Galvin QC, consists of Tim Luxton Deputy District Registrar, Federal Court Australia, Julian Hetyey, Judicial Registrar of the Commercial Court of the Supreme Court of Victoria, Rupert Burns, Deputy District Registrar of the Federal Court and barrister Dr. Oren Bigos.
This seminar explores what a practitioner can do to attract corporate clients to brief directly. Mediator Emily Dewberry draws on her experience as an insurance claims manager to give practitioners an insight into what corporate clients are looking for in their counsel, and how practitioners can use this knowledge to their benefit.
This CPD seminar is a panel session on the Harper Review and the future direction of competition law. This CPD includes discussion on: areas of review, government response to recommended reforms, reform topics, expansion of competition prohibitions to government activity, removal of prohibitions and expansion and simplification of exemption regimes.
In this Q&A Session, Wendy Harris QC discusses the Tabcorp and Tatts litigation including: statutory claims and interpretations; principles of redundancy and illegality; contract construction; the intersection of contract and statute and contractual and statutory rights.
This CPD session highlights the assistance that forensic accountants and fraud investigators can provide to legal professionals, particularly in the investigation stages, and further in the analysis stages in fraud cases. Key areas covered in this CPD include: the costs & facts of fraud, bribery & corruption; cases studies; foreign bribery & corruption types of forensic accountants engagements; what forensic accountants and certified fraud examiners do, and compares the differences between auditing and forensic investigations.
This CPD is a seminar on the interaction between bankruptcy and non-bankruptcy Courts. Barrister Christopher Brown exmaines many of the common statutory provisions that are relevant to bankruptcy cases and recent cases that addresses jurisdictional and standing issues. The CPD then concludes with a Q & A session with Federal Circuit Court Judge Riethmuller
This CPD is a seminar which examines the case Johnston v Endeavour Energy  NSWSC 1117, which concerned the rights of class plaintiffs and insurers in class actions. Helen Tiplady and Jeff Gleeson QC also provide some practical considerations for those advising class plaintiffs and insurers.
This seminar discuses good faith in commercial agreements – “Test Case” issues for advice and litigation. This area of the law has been problematic in all Australian jurisdictions. The presenter is Professor Bryan Horrigan, Dean of the Faculty of Law at Monash University.
This seminar is given by The Honourable Justice Jack Forrest and The Honourable Justice Judd of the Supreme Court of Victoria. The seminar discusses the changes that have been made to the Common Law Division and the Commercial Court in relation to the operation of the Practice Court, particularly regarding the lists and listing arrangements of both courts.