You’ll gain a high-level update on key areas for commercial litigators. Understand the commercial litigation landscape, in relation to emerging areas of liability, director liabilities and regulatory trends. Master how to navigate creditor defeating dispositions and unreasonable director related transactions. Examine unfair contact terms and enforcing agreements. Explore negligence and negligent misstatement in commercial transactions claims.

Presenters

Madelaine Luchich, Barrister, North Quarter Lane Chambers
Prior to being called to the Bar in August 2005, Madelaine Luchich spent 14 years as a solicitor practising almost exclusively in commercial litigation and insolvency. From 2001 to 2005 she was a Partner with a national legal firm practising in the Insolvency and Commercial Litigation division of that firm. On commencing practice at the bar Madelaine continued her commercial litigation and insolvency practice advising on and appearing in a wide range of matters and proceedings concerning banking, financial services, property, personal and corporate insolvency, director and shareholder disputes and professional negligence claims. She regularly appeared on behalf of Banks, financiers, and insolvency practitioners. She also appeared on behalf of corporations and businesses in a variety of commercial disputes, including appearances in mediations. She also acted as mediator in commercial disputes. Madelaine has appeared in the High Court (as Junior Counsel), Queensland Court of Appeal, the State Courts of Queensland and the Federal Court and Full Federal Court of Australia. Since January 2017 Madelaine practices exclusively as a mediator in a wide range of commercial disputes.


Sarah Davies, Director, Sarah Davies Legal
Sarah Davies is a director of Sarah Davies Legal Pty Ltd, and specializes in commercial litigation for clients involved in agribusiness, financial services, property development and building & construction matters. She is an accredited specialist in commercial litigation, having received the highest achievement award when she completed her accreditation in 2010. She has experience with disputes involving commercial contracts, property transactions, joint ventures, corporations, trusts and managed investment schemes, public offer documents and issues relating to the provision of financial services. Sarah also chairs the board of a mutual banking institution


Ms 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.


Mr Anand Shah, Barrister, Brisbane Chambers
Anand Shah joined the Queensland Bar 20 years ago after practising as a solicitor for eleven years. Anand’s practice areas include commercial litigation, administrative law, wills & estates, defamation, and human rights. Anand has appeared as counsel in the High Court, the Queensland Court of Appeal, the Federal Court and as trial counsel in all State Courts, the Federal Circuit and Family Court of Australia and many Tribunals. Anand has acted as a mediator in a variety of disputes including wills & estates, contract, professional negligence, insolvency and personal injuries. Anand has been elected by the Queensland Bar, on many occasions, to serve on its Bar Council (the Bar's peak executive body). Anand is the Immediate Past President of the Asian Australian Lawyers Association (AALA) (Qld Branch). AALA promotes and encourages cultural diversity within the legal profession. Anand is the past chair of QUT’s Learning Potential Fund. That fund supports socio-economically disadvantaged students across all QUT faculties. Anand sits on the Qld Chapter Committee of the Australian Institute of Administrative Law. Anand tries to enjoy many things outside of the law : road trips with his wife, music, art, reading (particularly fiction and cookbooks), picnicking, catching up with friends, watching classic cinema and just chilling.


Alana Hewish, Senior Associate, HWL Ebsworth Lawyers
I am a Senior Associate in the Construction & Infrastructure practice group at HWL Ebsworth Lawyers. I have extensive experience with both front end and back-end construction and infrastructure matters. I have represented developers, principal contractors, contractors, subcontractor and consultants across a range of construction (including both residential and commercial developments) and infrastructure projects (including rail, water irrigation plants, solar and bridges). I am able to provide clients with commercial, regulatory and strategic advice at all stages of a project, including contractual negotiation, project management and dispute resolution. I hold a Bachelor of Laws (with Honours) and Bachelor of Commerce (majoring in Finance) from the University of Queensland. I am also a Director of the University of Queensland Boat Club.


Colin Harris, Partner, HWL Ebsworth Lawyers
Colin Harris has 14 years of experience in front-end and back-end construction for HWL Ebsworth's Construction and Infrastructure group. Colin holds a Masters of Construction Law and his experience encompasses contract drafting and negotiation, project management, contract administration, litigation and other forms of dispute resolution. He has prepared the construction contracts and associated tender and project agreements for many of the high rise projects across the Brisbane skyline, together with agreements for commercial, industrial and infrastructure projects. He has prepared and defended complex payment claims made under Security of Payment legislation in several States and in litigation arising from adjudications. He regularly advises on compliance with regulation in the industry, including in respect of corporate reconstructions and public listings.


Paul McQuade KC, Level 27 Chambers
The matters in which Paul is involved are factually and legally complex, and utilise the specialist knowledge he has developed from his strong track record in commercial litigation, with particular emphasis on banking and finance, competition and consumer law, corporate law, contract law, corporate and personal insolvency, equity, partnerships, property, securities and trusts disputes, and also the skills he gained as a Chartered Accountant. Chambers & Partners Asia Pacific 2017-2021 rank Paul in Band 1 for Restructuring & Insolvency. Paul is listed as a ‘Leading’ Australian KC and a ‘preeminent’ Queensland KC for Insolvency and a ‘recommended’ Queensland KC for Commercial Litigation & Disputes by Doyle’s Guide 2015-2020. He is also listed in the Australian Financial Review’s Best Lawyers 2017-2020 for Insolvency and Reorganisation.


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.


Mr Daniel Johnston, Legal Practitioner Director, JHK Legal
Dan is currently an Legal Practitioner Director at JHK Legal and has over 10 years’ experience working at a variety of commercial law firms. Throughout his career Dan has assisted clients with commercial litigation, debt recovery, insolvency and employment law matters. Daniel always strives to achieve the best results for his clients regardless of the challenge that contentious matters can present. Dan has worked with clients ranging from small to medium enterprises, blue chip clients, insolvency practitioners (both corporate and personal), bankrupts, mercantile agents, creditors, debtors, employees and employers. More recently, Dan has worked on numerous matters in both Federal and State Courts including (but not limited to) resisting claims made for and against Insolvency Practitioners, Australian Consumer Law claims, summary judgement and strike out applications, and appeals in the District and Supreme Court of Queensland. Dan is an excellent communicator, he is approachable, and he takes pride in actively listening to his clients, so that he can provide comprehensive, pragmatic and commercial advice that is tailored to his clients’ individual needs. Daniel always strives to achieve positive results for his clients regardless of the challenge that commercial litigation can present. Dan has practised in Queensland, South Australia, Western Australia, Tasmania, and the Northern Territory and currently holds a practicing certificate in Queensland. Dan is also admitted to the Supreme Court of Queensland and to the High Court of Australia. Dan holds a Bachelor of Laws and a Graduate Diploma in Legal Practice. Outside of the law Dan likes to travel, is an avid rugby, and cricket supporter and enjoys spending time with his family and friends.


Stephen Hartwell, Barrister, Hemmant’s List
Stephen Hartwell was admitted as a solicitor in 1990 and was called to the Bar in July 2016. Stephen has been a member of the Queensland Courts panel of cost assessors since its inception in 2007 and prior to that was on the Solicitors Complaints Tribunal panel of cost assessors. Stephen has published many papers on the law of costs and ethical issues arising out of billing and is a regular speaker on those topics. Beyond the law of costs, Stephen has conducted a broad practice covering family law and domestic violence, criminal law, civil and commercial litigation, succession and professional discipline. Since coming to the bar in 2016, Stephen has expanded his practice in family law at both trial and appellate level. Notably, Stephen appeared as sole Counsel (unled) in the following reported cases appellate cases: Yein & Zihao (2019) FLC ∂93-889; Beckham & Quarrington (2019) FLC ∂93-913; Weng & Wah and Ors (2019) FLC ∂93-933; and Allen v Ruddy Tomlins & Baxter [2019] 1 QR 225. Stephen is a member of Hemmant’s List.