Litigators Toolkit: From Mediation through Settling Litigation, Urgent Applications

Designed specifically with your busy schedule in mind, the Litigators Toolkit Over Lunch series brings together some of Australia’s biggest voices in litigation to provide practical, focused guidance on today’s most pressing issues. Across four targeted one-hour sessions, gain expert insights on negotiation, mediation, arbitration, evidence, urgent applications, and settlement strategy - all tailored to fit your schedule without demanding too much time.

Description

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

 

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below. 

Negotiation and Litigation Strategy

Thursday, 30 October 2025

Whether preparing for litigation or seeking early dispute resolution, negotiation remains central to your practice but is becoming increasingly complex due to enforceable ADR clauses and evolving expectations around good faith. Gain practical insights on structuring and navigating negotiations with a clear understanding of what courts and arbitrators expect - and where the risks lie.

Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

Chair

Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers; Accredited mediator and family dispute resolution practitioner; Member of Administrative Appeals Tribunal panel of early dispute resolution practitioners

Professional Skills
1.15pm to 2.15pm Negotiation, Mediation, Neutral Evaluations & Other ADR Processes

 

  • How to approach negotiation and mediation in good faith before arbitration -  and what that means in practice
  • Understanding enforceable ADR obligations: What happens if pre-arbitration steps aren't completed?
  • Jurisdiction vs. admissibility: Who decides - courts or arbitrators?
  • Arbitrator powers: When can they rule on pre-conditions and can those rulings be challenged?
  • Missteps in mediation: What conduct may be seen as bad faith or misrepresentation?
  • Confidentiality in negotiation: What you can (and cannot) say - and how to protect your client
  • Managing client expectations: Helping parties understand process, risk, and realistic outcomes 

Presented by Christopher Freeman, Barrister, Culwulla Chambers; NMAS accredited mediator 

Presenters

Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers
Mary Rebehy is a Barrister in Sydney who practises in a range of jurisdictions including administrative law, family law, and workplace facilitation. Mary is an accredited mediator and family dispute resolution practitioner. She has been a member of the Legal Aid Commission dispute resolution panel since 2000 and regularly chairs the court ordered mediations at the Parramatta, Family Court. Mary was previously the Manager of Executive and Ministerial Services at Office of State Revenue, and Director of Legal Management Services for the Department of Justice and Attorney General where she coordinated the Legal Services Review with NSW Treasury. Mary was appointed as a conference registrar at the Administrative Appeals Tribunal from 2006 to 2009 and currently serves on the Tribunal panel of early dispute resolution practitioners.

Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC and HKIAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan. He is an NMAS accredited mediator.

 

Register for this session only

Advanced Strategies in Evidence and Trial Strategy

Thursday, 6 November 2025

They say you know you have a good advocate in front of you when they know how to use evidence and cross-examine with purpose. There are proven techniques to achieve this, and in this focused lunchtime session, you will explore them with precision. Explore advanced strategies in evidence collection, preparation and admissibility - plus how to avoid common traps that can derail your case.

Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

Chair:

Hugh Stowe, Barrister, 5 Wentworth Chambers

Professional Skills
1.15pm to 2.15pm Advanced Strategies in Evidence and Trial Strategy

 

Explore advanced strategies in evidence collection, preparation and admissibility. Don’t limit your ability to secure the best outcome. Instead, learn to navigate the litigation challenges with confidence, clarity and purpose. Learn how to handle: 

  • Legal professional privilege
  • Complexities of electronic documents and large-volume discovery
  • Admitting and preparing expert evidence in complex commercial litigation 

Presented by Julian O’Sullivan, Barrister, 13 Wentworth Chambers

Presenters

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.

Julian O’Sullivan, Barrister at law, 13 Wentworth Chambers
Julian O'Sullivan of 13 Wentworth Chambers was admitted to practice as a solicitor in March 1996. He worked in the dispute resolution group of Mallesons Stephen Jaques. In 2001 he joined the London office of Linklaters & Alliance as a member of its Intellectual Property, IT and Communications Group. Since being called to the Bar in 2003, Mr O'Sullivan has practised in the fields of commercial and corporate, banking and insolvency, competition and trade practices, intellectual property, aviation and professional negligence.

 

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Practical Tools for Urgent Applications and Advocacy Under Pressure: Getting It Right, Fast

Thursday, 13 November 2025

In urgent matters, every minute counts - but shortcuts and pressure can trigger costly mistakes. Whether you're responding to injunctions, emergency applications or interim relief, this session is designed for litigation practitioners who need to prepare, draft and run interlocutory matters under pressure. Delivered through real examples and practical commentary you will be guided through the tools you will require to prepare and advocate your Urgent Applications.

Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

Chair:

Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers, Best Lawyers Australia, Litigation (2014-2026) and Class Action Litigation (2015-2025)

Professional Skills
1.15pm to 2.15pm Practical Tools for Urgent Applications and Advocacy Under Pressure: Getting It Right, Fast

 

Learn how to manage pressure without compromising the integrity or admissibility of your application - and how to support your client when every minute counts. 

  • Draft clear, targeted interlocutory applications and summonses, with strategic purpose
  • Prepare effective supporting affidavits: What’s admissible? What’s persuasive? What’s procedurally necessary to succeed?
  • Avoid pitfalls around privilege, waiver, and over-disclosure, particularly in time-sensitive matters, on the age of AI-generated content
  • Respond quickly and clearly in court
  • Anticipate and handle challenges around expert evidence and confidential material when there’s no time to spare 

Presented by Anthony Cheshire SC, 8 Wentworth Chambers

Presenters

Anthony Cheshire SC, 8 Wentworth Chambers
Anthony was called to the English Bar in 1992 and practised at the bar in London before coming to Sydney in 2003. He practices from the 8th Floor Wentworth Chambers in a broad range of areas, but with a particular focus upon general commercial, corporations, insolvency, wills and estates, equity, charities, associations, inquiries, property, licensing, insurance and professional negligence. He has extensive experience in relation to the internal affairs of corporations and associations and has acted for a variety of commercial, sporting, recreational, religious, political and other bodies and their members. He has been a barrister for over 30 years and was appointed Senior Counsel in 2015.

Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers
Luke has over 25 years' experience representing blue chip corporations and government clients in large, complex litigation and regulatory investigations, often with a value in the tens or hundreds of millions. Luke's experience spans disputes relating to the Corporations Act (including the provisions applying to financial services licensees), mergers and acquisitions, directors' duties, shareholders' rights, trustee and fiduciary duties, misleading or deceptive conduct, white-collar crime, termination of contracts (including the assessment of damages) and investigations by ASIC, APRA and ACCC. Luke is recognised in "The Best Lawyers in Australia" for Litigation (2014-2024) and Class Action Litigation (2015-2023); the 2022 winner of the International Advisory Experts (now known as Global Referral Group) award for Commercial Litigation and Dispute Resolution Lawyer of the Year in Australia; named by Acquisition International Magazine as Sydney's Leading Complex Litigation & Regulatory Lawyer of the Year for 2023; and a Global Law Experts (GLE) "Recommended Attorney" and the holder of the exclusive GLE Commercial Litigation law position in Australia. Prior to establishing Buchanan Rees Dispute Lawyers, Luke spent over 20 years (including 13 years as a partner) in Litigation & Dispute Resolution at a top-tier, national law firm.

 

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Settling Commercial Disputes – Tips, Traps, and Strategy

Thursday, 20 November 2025

Settling litigation remains one of the most efficient and client-focused ways to resolve disputes — but success depends on a watertight process, strategic timing, and a tailored approach. Gain a comprehensive toolkit for drafting, negotiating, and documenting settlement offers and agreements, with practical guidance designed to enhance your effectiveness and confidence in achieving resolution.

Chair:

Matthew Harvey KC FCIArb Barrister, Arbitrator, Mediator, Matthew Harvey KC FCIArb, Owen Dixon Chambers West, Fourth Floor Selborne Chambers Leading Senior Counsel, Transport Barristers, Doyle's Guide 2025 

Professional Skills
1.15pm to 2.15pm Settling Commercial Disputes: Tips, Traps, and Strategy

 

This session will focus on strategic and practical considerations when approaching the settlement of disputes. We will touch on: 

  • The preparation of effective Calderbank offers 
  • Drafting settlement agreements 
  • Settling multi-party proceedings and claims where insurance coverage is disputed 
  • Additional considerations when settling cross-border disputes 
  • Ethical rules which apply to legal practitioners during settlement negotiations 

Presented by Doug Johnson, Barrister, Francis Burt Chambers 

Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

Presenters

Matthew Harvey KC FCIArb, Owen Dixon Chambers West
Matthew Harvey's principal practice areas are shipping, international sale of goods, arbitration, conflict of laws, corporations, and corporate insolvency. He is recognised as one of Australia's leading barristers in the areas of shipping and maritime law and insolvency and reorganisation law. He is listed in Chambers Asia Pacific (2016), Who's Who Legal (2016) and Best Lawyers (2016). Matthew is also recognised as Leading Junior Counsel in the areas of Insolvency and Transport in the 2015/2016 Doyle's Guide of Leading Victorian Barristers. He is the immediate past President of the Maritime Law Association of Australia and New Zealand. He appears regularly in the Supreme Court, Federal Court, Court of Appeal and in international and domestic arbitrations. He has appeared in the High Court and the Supreme Courts of various States.

Doug Johnson, Barrister, Francis Burt Chambers
Doug is a barrister at Francis Burt Chambers. He maintains a broad commercial litigation and arbitration practice, with particular expertise in the areas of construction and engineering, insurance, and professional liability disputes. He is often instructed on highly technical cases involving complex factual and expert evidence. Clients value Doug’s accessibility and collaborative approach, both as sole counsel and when led as part of a team of barristers. Doug recently received the Tom Yuncken Australian Construction Lawyer award for 2023, where his referees emphasised his work ethic, creative thinking, and technical knowledge. Before being called to the bar, Doug worked in the dispute resolution teams at Jones Day and King & Wood Mallesons. He also practiced insurance litigation at Moray & Agnew.

 

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WEB2510N09

Litigators Toolkit: From Mediation through Settling Litigation, Urgent Applications

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

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Whether preparing for litigation or seeking early dispute resolution, negotiation remains central to your practice but is becoming increasingly complex due to enforceable ADR clauses and evolving expectations around good faith. Gain practical insights on structuring and navigating negotiations with a clear understanding of what courts and arbitrators expect - and where the risks lie.

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Settling litigation remains one of the most efficient and client-focused ways to resolve disputes — but success depends on a watertight process, strategic timing, and a tailored approach. Gain a comprehensive toolkit for drafting, negotiating, and documenting settlement offers and agreements, with practical guidance designed to enhance your effectiveness and confidence in achieving resolution.

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All Sessions
Thursday, 30 October 2025,
Thursday, 06 November 2025,
Thursday, 13 November 2025,
Thursday, 20 November 2025
CPD Points 4
$505.00
Online 20250826

Online

Register
On Demand 20250826

Post Seminar Recording

Register
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Whether preparing for litigation or seeking early dispute resolution, negotiation remains central to your practice but is becoming increasingly complex due to enforceable ADR clauses and evolving expectations around good faith. Gain practical insights on structuring and navigating negotiations with a clear understanding of what courts and arbitrators expect - and where the risks lie.

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