Confidentiality in mediation and the extent to which what is said or done can be used outside the mediation, is an area which continues to raise questions. The seminar will bring practitioners up to date with various aspects of confidentiality in mediations.
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 is a seminar discussing what can be expected in 2016 regarding the common law. The seminar is presented by Victorian Supreme Court Justice Peter Riordan and barristers Jeremy Ruskin QC, Stephen O’Meara QC and Aine Magee S.C. Some of the topics covered by the panel are the Common Law Improvement Program, manual handling regulation cases and pain and suffering damages.
Paul Hayes and Elizabeth Bennett shed light on the important Harman obligation and counsel’s duty to the Court. Paul Hayes presents a paper on the consequences of not abiding by the obligation and implicit risks. Elizabeth Bennett speaks on the ways in which the obligation can operate, and its intersection with other guiding principles.
In a number of recent decisions courts have made adverse comments about the behaviour of government litigants. Parliament is also considering legislation designed to make the model litigant rules legally enforceable.
In this seminar the speakers review the model litigant guidelines and the recent decisions in FCT v Donoghue  FCAFC 183; (2015) 237 FCR 316; Gould v DCT  FCAFC 1, North West Melbourne Recycling Pty Ltd v Commr of SR (Vic) (No 2)  VSC 726, Shord v FCT  FCAFC 167, and Shord v FCT (No 2)  FCAFC 27.