Settling Litigation Intensive

“Better to settle” ... but make sure your settlement is watertight and tax effective. Solving litigation disputes starts from the initial negotiations, settlement offers and without prejudice communications through to crafting of watertight agreements. Obtain a best practice guide to ensure that your settlement accurately reflects the agreement, plus a roundup of tax implications from its terms. Investigate when it’s possible to reopen a settlement and best steps to enforce an agreement. 

Thursday, 23 November 2023
Professional Skills
9.50am to 10.40am Drafting Watertight and Effective Settlement Agreements
  • Covering the basic components of such agreements
  • Identification of relevant parties
  • Settlement terms
  • Deed vs Agreement
  • Proper use of boiler plate and recitals
  • Consideration of indemnity and releases and consequences of breach provisions and agreements which are subject to court orders
  • Identification of tax issues - when to call for a tax lawyer
  • Ethical issues

Presented by Kirralee Young, Barrister, 13 St James Hall Chambers

9.00am to 9.50am Settlement Offers and Without Prejudice Communications
  • Calderbank offers and formal offers of compromise
  • Cost consequences of rejecting settlement offers
  • The ‘without prejudice’ rule and its scope

Presented by Jonathan Adamopoulos, Barrister, 7th Floor Wentworth Selborne; Co-author, Zuckerman on Australian Civil Procedure; Recommended Construction & Infrastructure Junior Counsel Doyle’s Guide 2022

Chair

Vera Culkoff, Barrister, Second Floor Selborne Chambers

10.40am to 11.30am Considering Tax and GST Issues in Settlements

Presented by Ian Young, Barrister, 6 St James Hall Chambers

11.45am to 12.30pm When is a Settlement Agreement Binding under Masters v Cameron?

When is a Settlement Agreement Binding under Masters v Cameron?

  • Four categories to consider when negotiating and drafting a settlement agreement
  • Is the agreement binding?
  • Common types of agreements and clauses
  • Recent cases such as Stellar Vision Operations Pty Ltd v Hills Health Solutions Pty Ltd and Damcevski v Demetriou
  • Enforcement and remedies

Presented by Beth Oliak, Barrister, Frederick Jordan Chambers

12.30pm to 1.15pm Exploring the Grounds to Reopen a Settlement Agreement and Enforcement Options
  • What is the Court’s discretion under section 73 of the Civil Procedure Act 2005 or similar provisions in other states
  • When will it be exercised?
  • When will separate enforcement action be justified or required?
  • What is required when acting for an initiating party or defending party in proceedings under section 73 or separate enforcement proceedings?

Presented by Bill Ilkovski, Barrister, 8th Floor Wentworth Chambers

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

11.30am to 11.45am Morning Tea

Presenters


Mr. Jonathan Adamopoulos, Barrister, 7th Floor Wentworth Selborne
Jonathan was called to the bar in 2018 and accepts briefs in all areas of law. He has particular expertise in intellectual property, building and construction, employment and safety, and commercial and corporate disputes. Prior to being called to the bar, Jonathan was a senior associate at Allens, where he maintained a diverse litigious and advisory practice. He also acted for clients in response to regulatory investigations and prosecutions. He has acted for and advised government departments and private sector clients in a variety of industries and sectors including financial services, telecommunications, pharmaceutical, transport, property investment and FMCG. Jonathan is a sessional lecturer in law at Western Sydney University where he lectures in civil procedure and arbitration, and work health and safety law. He is also an adjunct lecturer in advocacy at the College of Law. Jonathan is a co-author of Zuckerman on Australian Civil Procedure, one of the leading texts on civil litigation, and a contributor to National Work Health and Safety Law. He is also a headnoter for the Intellectual Property Reports. Jonathan was again recognised as a recommended junior in Doyle’s Guide’s latest Leading New South Wales Construction & Infrastructure Junior Counsel – New South Wales, 2023.


Ms. Vera Culkoff, Barrister, Second Floor Selborne 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. In Timwin Construction v Facade Innovations [2005] NSWSC 548 (McDougall J), the notion of "good faith" was first argued by Vera and accepted by the Court in the context of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). It is now an entrenched part of the law in this field. In Vince Schokman v Xception Construction Pty Limited [2005] NSWSC 297 (Einstein J), the question of election under the same Act was first raised by Vera and resolved in favour of the argument put forward by her.


Mr. Ian Young, Barrister, 6 St James Hall Chambers
Ian Young has particular expertise in all areas of revenue law involving both Commonwealth and State taxes. Ian was admitted as a solicitor in Queensland in 1983. Prior to coming to the Bar, he held senior positions in the Australian Taxation Office as Assistant Commissioner (Banking and Finance) and as Acting Senior Government Solicitor, Revenue Branch, Attorney Generals Department, Canberra. Ian regularly appears in all Courts and Tribunals in revenue matters. Since coming to the Bar he has appeared in the leading decisions of Commercial Nominees (led by Dyson Heydon QC), HP Mercantile (led by Stephen Gageler SC), and Bamford (led by Tony Slater QC) and unled in decisions such as Smeaton Grange Holdings, Kafataris and Leppington Pastoral Co. On account of his breadth and range of experience, both before and after coming to the Bar, his advice is frequently sought in complex commercial and taxation matters.


Ms. Beth Oliak, Barrister, Frederick Jordan Chambers
Beth is a barrister and maintains a general commercial practice, with particular expertise in intellectual property, unfair trade practices, real property, corporations law and equity (including probate and succession). Admitted to the Bars of New South Wales, New York and California, Beth has acquired significant international experience through her many years practicing intellectual property litigation at major New York Law firms prior to relocating to Australia. She also has substantial experience in appellate matters, having appeared in a number of different courts of appeal, including the Court of Appeal of the Supreme Court of NSW, the Full Federal Court of Australia, the Full Family Court of Australia and the US Court of Appeals for the Federal, Second and Fourth Circuits. Beth lectures in Intellectual Property for the LEC Course at the University of Sydney and is the NSW examiner for that subject for the LPAB. She regularly delivers papers and presentations on legal developments in her practice areas. Beth holds a Juris Doctorate from Washington University in St Louis School of Law and a Bachelor of Electrical Engineering from Northwestern University.


Mr. Bill Ilkovski, Barrister, 8th Floor Wentworth Chambers
Bill Ilkovski, having worked as a solicitor for 7 years, commenced as a barrister in October 2007. He read on 8th Floor Wentworth Chambers. He appears in all of the courts and most tribunals in New South Wales and in federal courts and tribunals as well. He also regularly appears in courts of other states and territories. The disputes work for which he has expertise is work that has a predominant commercial or trading element. This includes contracts disputes, property related disputes, building and construction disputes, or trade practices disputes in which he has acted for private individuals, corporations and governments.


Kirralee Young, Barrister, 13th Floor, St James Hall
Kirralee Young was called to the Bar in 2013. Kirralee has previously worked with MinterEllison and Allen & Overy LLP. In 2010, she was appointed as an Assistant Crown Solicitor for the New South Wales Crown Solicitor’s Office managing the valuer general and revenue teams. Prior to coming to the Bar, Kirralee worked as a Commercial and Corporate solicitor specialising in corporate and technology matters. She has acted for large multinational clients predominately in the technology, telecommunication, and defence industries and in respect to multinational outsourcing and technology deals. Since coming to the Bar, she has been regularly engaged in succession and probate matters and has a particular interest in elder abuse matters. She is a member of the NSW Bar Association’s Succession and Elder Law Committee. Kirralee appears regularly in commercial, equity and contested succession or elder law matters in various Courts and Tribunals across Australia. Kirralee holds a Master of Laws (Information Technology, Intellectual Property and Defamation) from the University of New South Wales and a Bachelor of Laws and Bachelor of Commerce from the University of Newcastle. She has also been a Court appointed Costs Assessor since 2011 and enjoys complicated and contested costs matters (the uglier the better) with her administrative law background. Two recent noteworthy matters which Kirralee appeared in include: Re PSR Refining Services Pty Ltd [2023] NSWSC 243 and Bannister Law v Louise McBride 2023/00007847.

2311N21

Settling Litigation Intensive

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Thursday, 23 November 2023
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