Civil Litigator’s Toolkit: Preparing for Trial, Settlement & ADR Mediation

Work step by step through what you need to do to successfully prepare for trial, from planning your witness statements and pre-trial vs trial evidence, to preparing evidence and making opening submissions. Walk away with valuable strategies concerning settlement offers and drafting enforceable settlement agreements. Gain insights into how to emerge successful in mediation, by getting the tips on how to deal with the Mediator.

Tuesday, 24 September 2024
Chair

Greg Smart, Partner, Wallace & Wallace Lawyers; Accredited Specialist in Commercial Litigation; Member of the Queensland

Professional Skills
Drafting Effective Settlement Agreements: Components and Structure

 

  • The essential elements of a bulletproof settlement agreement
  • Documenting with clarity & certainty: the agreement, the terms & parties’ rights and obligations
  • Timing issues and strategic considerations
  • Form of agreement: Deed or covenant not to sue?
  • Key clauses: the important considerations for each & drafting tips
  • Enforcement: how to avoid an agreement being set aside

Presented by Mark Martin KC, Level 10 Inns of Court

Description

Attend and earn 4 CPD hours in Professional Skills
This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

Professional Skills
A Guide to Preparing for Trial

 

  • Establishing a plan and a strategy
  • Planning witness testimony
    • Lay and expert witnesses, timing and rules of evidence
    • Preparing and getting the best out of your witnesses
  • Pre-trial evidence exchanges vs at trial evidence
  • Getting your notices right
    • Notices to admit facts and documents
    • Notices to produce and subpoenas for production
    • Preparing opening submissions

Presented by Cameron Hanson, Partner, Herbert Smith Freehills; Market Leader Commercial Litigation & Dispute Resolution Lawyer and Leading Class Actions Lawyer, Doyle’s Guide 2023

Professional Skills
Settlement Offers and Without Prejudice Communications: Getting the Best Deal for Your Client

 

  • Rules relating to ‘without prejudice’ privilege and Evidence Act protections
  • Admissibility issues 
  • Potential pitfalls: when ‘without prejudice’ privilege can be lost
  • Calderbankoffers and formal offers pursuant to the Rules
  • Maximising your client's prospects of a meaningful costs order
  • Latest judicial guidance

Presented by Stacy Miller, Partner, Cronin Miller; Recommended Commercial Litigation & Dispute Resolution Lawyers, Doyle’s Guide 2023

Professional Skills
Alternative Dispute Resolution: Dealing with Mediators

 

  • Providing the mediator with sufficient evidentiary material and court documents to be concisely appraised of the issues in dispute
  • Remember that the function of the mediator is not to make decisions: the mediator needs to know the questions which will arise in reaching a resolution (not all the answers)
  • Consider what, if any, material will be provided confidentially either in the written material or in private session
  • Provide concise position papers spelling out a desired outcome and is not simply an attack on the other side
  • Remember that the primary function of the mediation is to get a case resolved and it's not the forum for running the trial

Presented by Hugh Stowe, Barrister, 5 Wentworth Chambers  

Presenters


Greg Smart, Partner, Wallace & Wallace Lawyers
Greg has been a commercial litigator for twenty years. He has a broad litigation practice spanning general commercial matters, mining and mining services litigation, equitable claims and insolvency. Greg was recognised by the Queensland Law Society as an Accredited Specialist in Commercial Litigation in 2012, winning the program’s highest achiever award that year. He currently sits as the Chair of the Queensland law Society Commercial Litigation Specialist Accreditation Advisory Committee. Greg regularly appears as a solicitor advocate running applications and trials in both State and Federal Courts.


Stacy Miller, Partner, Cronin Miller Litigation
Stacy Miller has practiced exclusively in the areas of commercial litigation, insolvency, debt recovery and dispute resolution since her commencement of practice in Queensland in 2003. She has been a partner of the Gold Coast based specialist commercial litigation and insolvency firm, Cronin Miller Litigation, since 2014. Prior to private practice, her interest in insolvency was sparked during her tenure as a legal officer at the Federal Attorney General’s department in a small team put together specifically to provide assistance to those appearing before the Royal Commission into the collapse of HIH Insurance. Subsequently she practiced in specialist commercial litigation and insolvency firms in Brisbane, before joining the team at Cronin Litigation Lawyers (as it then was) in 2011. A highly regarded litigator with notable success in factually complex high end litigation cases, her expertise includes trade practices actions, contractual disputes, shareholder and partnership disputes, estate litigation, realising and enforcing securities and general commercial disputes for direct industry clients and professional firms such as accountants and liquidators.


Mark Martin KC, Level 10, Inns of Court
Mark Martin KC practices in the following areas: Commercial, Property and Insolvency and Defamation. He was admitted as barrister in 1987 and Queen's Counsel in 2013. Qualification includes B Com LLB. He has done Pro Bono Work for the Honorary Counsel for QJRU and Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 26, 25 and 22. and a girl aged 18. His , interest includes participating in Triathlon, mountain bike riding and snow skiing.


Hugh Stowe, Barrister, 5 Wentworth Chambers
Hugh Stowe is a member of 5th Floor Wentworth Chambers, and has been at the bar for 10 years. He practices in equity and commercial litigation, with specialization in insolvency and corporations law matters. He has an undergraduate degree from Sydney University, and a Master of Laws from Cambridge. Before coming to the Bar, he practiced at Freehills and Mallesons, and was the Associate to the Chief Justice of the Federal Court of Australia. He has also lectured in law in the University of Durham, in the UK, in subjects including administrative law. While at the Bar, he served for 3 years as legal adviser of the Disciplinary Tribunal of the ASX, in which capacity he sat in on disciplinary proceedings before that Tribunal. He has also served for 4 years on a Professional Conduct Committee at the Bar, being a committee involved in disciplinary proceedings against barristers. Has written papers and delivered seminars on various topics, including bias, expert evidence, legal professional privilege, corporations law, the ethics of witness preparation, restraint of trade.


Cameron Hanson, Partner, Herbert Smith Freehills
Cameron is an experienced commercial litigator, advising companies in a broad range of industries, including banking and financial services, energy and resources, funds management and mining. As a member of Herbert Smith Freehills’ market leading class actions team, he has defended representative proceedings against a number of Australia’s biggest businesses, including Uber, CBA, Colonial First State and TAL. Cameron is entrusted to help companies and Boards navigate significant regulatory investigations by a range of regulators including ASIC, APRA, AUSTRAC and the ATO. He also regularly acts in proceedings in the High Court of Australia, the Federal Court of Australia and state Supreme Courts. Cameron graduated from the University of New South Wales with degrees in Jurisprudence and Law and holds a Master of Laws in Corporate and Commercial Law. He has been a casual lecturer in Public Law at the University of New South Wales. Before joining Herbert Smith Freehills he was the Associate to Justice Lindgren of the Federal Court of Australia.

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Civil Litigator’s Toolkit: Preparing for Trial, Settlement & ADR Mediation

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Tuesday, 24 September 2024
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CPD Points 4
$505.00
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