Most litigation ends in a Settlement. Become confident in your settlement negotiations, from the communications of the settlement through to the risk management issues that should concern you. Get the settlement negotiations right and you have a very happy client. If you don’t, then it is a long litigious road ahead. Not what you nor your client really want to happen.
Friday, 20 March 2026
Early Bird Discount ends 19 Dec 2025
Chair:
Anthony Willinge, Barrister, Murray Chambers; Adjunct Professor, University of Western Australia
Professional Skills
10.00am to 11.00am Mediations and 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
12.15pm to 1.15pm Settlement Offers and Cost Considerations
- Calderbank offers and formal offers of compromise
- Cost considerations when preparing or receiving settlement offers
Presented by Eu-Min Teng, Special Counsel, McComish Legal
Description
Attend and earn 4 CPD units including:
1 unit in Substantive Law
3 units in Professional Skills
This program is applicable to practitioners from all States & Territories
11.00am to 11.15am Morning Break
Professional Skills
9.00am to 10.00am Settlement Communications
- Without Prejudice communications
- Supreme Court settlement offers - Order 24A of offers
- Federal Court - settlement communications - Evidence Act 1995 (Cth)
- Without Prejudice Save as to Costs communications
- Exclusions – when Without Prejudice Communications are admissible
Presented by GiGi Visscher, Barrister, Francis Burt Chambers
Professional Skills
11.15am to 12.15pm Client and Risk Management in Settlement Negotiations
- Client management:
- Unknowable outcomes
- Objectivity
- Calculations
- Sense of justice
- Risk management:
- Internal and external risks
- Leverage
- Mechanisms of enforcement
Presented by Jennifer Negus, Barrister, Murray Chambers
Presenters
Robert French, Barrister, Francis Burt ChambersRobert 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.
Jennifer Negus, Barrister, Murray Chambers
Jennifer practices in both the criminal and civil jurisdictions, including commercial and corporate disputes, regulatory and disciplinary matters, inquiries, and public prosecutions including prosecution and defence of Commonwealth and State criminal offences and misconduct. Jennifer is a member of the panel of external counsel for both the Commonwealth Director of Public Prosecutions and The Director of Public Prosecutions for Western Australia, as well as the Legal Aid WA serious indictable offences panel. Prior to joining Murray Chambers, Jennifer practised in civil and criminal law including principally as a State Prosecutor at the Office of The Director of Public Prosecutions for Western Australia for over eight years. Jennifer has lectured for over 10 years in criminal law, constitutional law, professional responsibility and forensic advocacy for the Bachelor of Laws and Graduate Diploma of Legal Practice for both Curtin University and The University of Notre Dame Australia and is published in the fields of criminal law, constitutional law and evidence.
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.
Eu-Min Teng, Special Counsel, McComish Legal
Eu-Min is a Special Counsel at McComish Legal, practising in the area of construction and engineering, and commercial litigation. Eu-Min graduated from the University of Western Australia with a Bachelor of Laws with Honours and Bachelor of Commerce, and holds a Master of Laws from the University of Sydney, and a Master of Construction Law from the University of Melbourne.
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 Master 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.
