Federal and NSW Courts on Affidavit Conversations

Friday, 28 February 2025
Description

Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories 

Chair

Vera Culkoff, Barrister, 2 Selborne Chambers 

Affidavit Evidence of Conversations: Differing Views between Federal Court and the NSW Court of Appeal

 

  • History: direct versus indirect evidence of conversations and early admissibility risks
  • Ground zero: Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 (Jackman J)
  • Early cases following Kanes Hire (early adoption):
    • Gan v Xie [2023] NSWCA 163; (2023) 378 FLR 458 (White JA, Simson AJA, and Basten AJA)
    • Lantrak Holdings Pty Ltd v Yammine [2023] FCAFC 156 (Lee, Button, and Jackman JJ)
    • Chu v Lin, Gold Stone Capital Pty Ltd [2024] FCA 766 at [11] (Jackman J and the adverse credibility finding)
  • The science: what do the psychologists say?
  • More recent cases (defences of the New South Wales practice)
    • Chen v Chu [2024] NSWSC 1139 (Hammerschlag CJ in Eq)
    • Wild v Meduri [2024] NSWCA 230 (Bell CJ, and White and Kirk JJA)
  • Practical guidance: how to draft an affidavit containing conversation evidence and avoid the risks

Presented by Alexander Vial, Barrister, 5 Wentworth Chambers

Presenters


Alexander Vial, Barrister, 5 Wentworth Chambers
Alexander maintains a national practice in complex commercial and regulatory matters. He is recognised as a Leading Junior (Band 1) for competition law and as a “Rising Star” in regulatory matters in the Legal500 rankings. Alexander specialises in commercial and regulatory litigation that covers all areas of competition and consumer law, trade practices including franchising, class actions, insolvency, intellectual property, and employment law. Alexander regularly advises on and appears in regulatory investigations and enforcement matters, as well as in Royal Commissions and inquiries. Before being called to the Bar, Alexander was a Senior Associate at Clayton Utz in Sydney where he specialised in competition, consumer law, and regulatory investigations and litigation. Earlier in his career, Alexander served as the Associate to the Honourable Chief Justice Doyle AC of the Supreme Court of South Australia and, after his Honour’s retirement, the Associate to the Honourable Chief Justice Kourakis. Alexander’s education includes a Bachelor of Civil Law (BCL) from the University of Oxford and a Bachelor of Laws (LLB) with First Class Honours from the University of Adelaide. Alexander is a founding author of Zuckerman on Australian Civil Procedure, a leading text on Australian civil procedure that is now in its second edition. He regularly publishes articles in a number of practitioner and academic journals.


Vera Culkoff, Barrister, 2 Selbourne Chambers
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also practices in the area of wills, probate and family provisions disputes, involving complex issues and large estates. She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She remained a partner of the new firm until 2000, responsible for commercial and product liability litigation. She was called to the Bar in 2000. Vera was joint General Editor of the Australian Product Liability Reporter (from 2006 to 2011) and has conducted presentations at seminars on class actions and, whilst at the Bar, in building and construction law.

Friday, 28 February 2025
Description

Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories 

Chair

Vera Culkoff, Barrister, 2 Selborne Chambers 

Affidavit Evidence of Conversations: Differing Views between Federal Court and the NSW Court of Appeal

 

  • History: direct versus indirect evidence of conversations and early admissibility risks
  • Ground zero: Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381 (Jackman J)
  • Early cases following Kanes Hire (early adoption):
    • Gan v Xie [2023] NSWCA 163; (2023) 378 FLR 458 (White JA, Simson AJA, and Basten AJA)
    • Lantrak Holdings Pty Ltd v Yammine [2023] FCAFC 156 (Lee, Button, and Jackman JJ)
    • Chu v Lin, Gold Stone Capital Pty Ltd [2024] FCA 766 at [11] (Jackman J and the adverse credibility finding)
  • The science: what do the psychologists say?
  • More recent cases (defences of the New South Wales practice)
    • Chen v Chu [2024] NSWSC 1139 (Hammerschlag CJ in Eq)
    • Wild v Meduri [2024] NSWCA 230 (Bell CJ, and White and Kirk JJA)
  • Practical guidance: how to draft an affidavit containing conversation evidence and avoid the risks

Presented by Alexander Vial, Barrister, 5 Wentworth Chambers

Presenters


Alexander Vial, Barrister, 5 Wentworth Chambers
Alexander maintains a national practice in complex commercial and regulatory matters. He is recognised as a Leading Junior (Band 1) for competition law and as a “Rising Star” in regulatory matters in the Legal500 rankings. Alexander specialises in commercial and regulatory litigation that covers all areas of competition and consumer law, trade practices including franchising, class actions, insolvency, intellectual property, and employment law. Alexander regularly advises on and appears in regulatory investigations and enforcement matters, as well as in Royal Commissions and inquiries. Before being called to the Bar, Alexander was a Senior Associate at Clayton Utz in Sydney where he specialised in competition, consumer law, and regulatory investigations and litigation. Earlier in his career, Alexander served as the Associate to the Honourable Chief Justice Doyle AC of the Supreme Court of South Australia and, after his Honour’s retirement, the Associate to the Honourable Chief Justice Kourakis. Alexander’s education includes a Bachelor of Civil Law (BCL) from the University of Oxford and a Bachelor of Laws (LLB) with First Class Honours from the University of Adelaide. Alexander is a founding author of Zuckerman on Australian Civil Procedure, a leading text on Australian civil procedure that is now in its second edition. He regularly publishes articles in a number of practitioner and academic journals.


Vera Culkoff, Barrister, 2 Selbourne Chambers
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also practices in the area of wills, probate and family provisions disputes, involving complex issues and large estates. She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She remained a partner of the new firm until 2000, responsible for commercial and product liability litigation. She was called to the Bar in 2000. Vera was joint General Editor of the Australian Product Liability Reporter (from 2006 to 2011) and has conducted presentations at seminars on class actions and, whilst at the Bar, in building and construction law.

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Federal and NSW Courts on Affidavit Conversations

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Single Session
CPD Points 1
$160.00
On Demand 20250720 20250228

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