Settling can be your best option—if your agreement is secure and tax-efficient. Start by structuring your offer of compromise with enforceability and potential cost consequences in mind. Understand “without prejudice” communications and when this protection might not apply. Gain expert insights on tax and collateral issues in settlement offers to avoid hidden surprises. Walk away with practical strategies for the challenges you face in your mediations and negotiations bringing them to new heights of success.
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair:
Anthony Willinge, Barrister, Murray Chambers; Adjunct Professor at the University of Western Australia
10.00am to 11.00am Without Prejudice Communications
Presented by Gigi Visscher, Barrister, Francis Burt Chambers
Professional Skills
12.15pm to 1.15pm Mediations & Negotiations: A Challenge for Lawyers?
- Legal skills and their limits in negotiation
- Psychology of negotiation: what can be done when material leverage is limited
- Can lawyers learn something from FBI negotiators
- Compromise as the enemy of the optimal deal
Presented by Robert French, Barrister, Francis Burt Chambers; Recommended Employment & WHS Law Barrister, Doyle’s Guide 2024
11.15am to 12.15pm Tax and Other Collateral Considerations in Settlement Offers
Presented by Richard Norton, Principal, Norton Law
With materials prepared by Matthew Crowley, Barrister, Francis Burt Chambers; Recommended Tax Junior Counsel, Doyle’s Guide 2023
Professional Skills
9.00am to 10.00am Offers of Compromise and Costs Consequences
- Getting the structure right and avoiding an ineffective offer
- Strategic considerations
- Comparisons between Calderbank Offers vs offers made under court rules
- Costs consideration
Presented by Richard Douglas, Barrister, Francis Burt Chambers
11.00am to 11.15am Break
Presenters
Richard Norton, Principal, Norton Law
Richard originally hails from South Africa and is a graduate of the University of Stellenbosch (B.A. LL.B) and the University of Cape Town (B.Com (Hons)). Richard has been practising as a lawyer in Perth since 1984 and has had considerable experience in the areas of income tax, capital gains tax, stamp duty and other revenue law. He has authored and presented many papers for professional bodies and publications and is a former State Chairman and national councillor of the Taxation Institute of Australia. He is known for his in-depth technical knowledge and expertise in the area of tax law and provides advice to corporate groups and accounting and legal firms, and acts for a number of high profile, high net worth individuals and related entities.
Richard Douglas, Barrister, Francis Burt Chambers
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard has been a member and chair of the WA Law Reform Commission and acted in relation to a number of public enquiries. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
GiGi Visscher, Barrister, Francis Burt Chambers
GiGi joined the bar in 2008. Since being called to the bar, she has principally practiced in commercial litigation, with a particular emphasis on construction, property, equity, trade practices and insolvency matters. Prior to joining the bar, GiGi was a solicitor at Freehills, Perth. Before commencing her legal career, GiGi practiced as a Chartered Accountant, including as a forensic accountant. GiGi has an extensive commercial background, having worked in Singapore, London, Los Angeles, New York and Washington DC. In addition to her Bachelor of Laws degree with Honours, GiGi holds a Bachelor of Commerce degree from the University of Western Australia and a Master of Laws from Georgetown University in Washington DC.
Anthony Willinge, Barrister, Murray Chambers
Anthony obtained his law degree from the University of Western Australia, graduating with honours and the Frank Edward Parsons Memorial Prize in Law. He also has a Masters of Law with distinction from the University of London. Anthony commenced his career as the Professional Assistant to the Crown Counsel for WA and the Associate to Justice Scott before being a crown counsel at the Crown Solicitor’s office. He then joined Blake Dawson where he became a Partner and the head of the firm’s commercial litigation practice in Perth. Anthony joined the independent Bar in 2009. Anthony has been involved in settling many matters involving both Government and private parties. He has also appeared in numerous mediations on a range of matters before Court and external mediators and is an accredited mediator and member of the Law Society’s panel of mediators.
Robert French, Barrister, Francis Burt Chambers
Robert French is a barrister who practices in commercial, administrative and employment law. Robert has been at the Bar for over 10 years. He has appeared as sole or lead counsel in numerous trials in the Supreme Court of Australia, Federal Court of Australia and Federal Circuit Court of Australia. He has also appeared as sole counsel in appeals to the Full Court of the Federal Court of Australia, the Western Australian Court of Appeal and to the High Court (special leave only). Prior to joining the Bar, Robert worked at law firms in Perth, Melbourne & Hong Kong.
