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Victorian Bar and LIV Joint Conference
HIGH STAKES LAW IN PRACTICE AND THE COURTS
A first time event for the Victorian legal profession ________ Friday 17 October 2014 Melbourne Convention & Exhibition Centre Registration from 8.30 am
VICTORIAN BAR
WELCOME We warmly welcome you to the first ever joint Victorian Bar and LIV Legal Conference. This conference has been organised for the benefit of the whole profession and to celebrate the strong relationships and mutual respect enjoyed by the Bar, the LIV, the Bench and Corporate Counsel.
WHO SHOULD ATTEND The conference is open to all legal practitioners in Victoria including:
We are delighted to have so many eminent speakers from all parts of the profession including both the Chief Justice of the Supreme Court of Victoria and the Chief Justice of the Federal Court of Australia, other eminent members of the Bench, leaders from the Victorian Bar, major law firms and Corporate Counsel. The topics and the speakers have been specially chosen and include a discussion panel to maximise participation.
Members of the Judiciary Barristers Solicitors in private practice In-house counsel Government Solicitors Legal Academics
Our profession is at an interesting time when we are required to balance the pressures of cost effective litigation with the ever increasing ethical obligations being placed upon us. The topics include some of the greatest concerns facing litigation in Australia, including cost effective litigation, the role of regulators, class actions, the future of litigation funding, overarching obligations and international arbitration.
We look forward to your participation and attendance and invite you to use this opportunity to invite legally qualified clients, other Solicitors and Corporate Counsel.
William Alstergren QC Chairman, Victorian Bar
Geoff Bowyer President, The Law Institute of Victoria
THE PROGRAM
FRIDAY 17 OCTOBER 2014 –––– HIGH STAKES LAW IN PRACTICE AND IN THE COURTS
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8.30 am
Registration opens
9.00 am – 9.10 am
Conference opening and welcome
SPEAKERS Will Alstergren QC, Chairman, Victorian Bar Geoff Bowyer, President, Law Institute of Victoria
9.10 am – 9.50 am EP SL
PS PM
9.50 am – 10.40 am EP SL PS PM PM
Keynote address: A judicial perspective on current developments and challenges in conducting litigation in the Federal and Supreme Courts
Cost effective management of litigation
SPEAKERS The Hon Chief Justice Marilyn Warren AC The Hon Chief Justice Allsop AO
This experienced panel will discuss some techniques and approaches to making litigation (large scale, and everyday) as cost effective and efficient as practicable. The panel includes representatives of the Judiciary, the Bar, Law Firms and Corporate Counsel, giving an opportunity for these issues to be discussed from many viewpoints.
SPEAKERS The Hon Justice James Judd, Supreme Court of Victoria Allan Myers AO QC Caroline Kenny QC Philip Crutchfield QC Louise Jenkins, Partner, Allens Linklaters Chris Fox, Partner, King & Wood Mallesons Raechelle Binny, Head of Dispute Resolution, National Australia Bank
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10.40 am – 11.10 am
Break – Morning Tea
11.10 am 12.00 midday EP
Overarching obligations under the Civil Procedure Act
SL
PS
PM
12.00 midday – 1.00 pm EP SL
PS PM
Arbitration – an Australian and international perspective
Overarching obligations under the Civil Procedure Act now underpin the conduct of litigation in Victorian courts. The overarching obligations may be enforced by sanctions, as illustrated by the Court of Appeal’s decision in Yara Australia Pty Ltd v Oswal [2013] 337. Have the overarching obligations brought about behavioural and cultural changes in the conduct of litigation in this State? Does the Court of Appeal’s approach in Yara Australia Pty Ltd v Oswal strike the appropriate balance between competing obligations and interests? These and other issues will provide fertile material for discussion amongst our panel members.
SPEAKERS
International arbitration in the Asia-Pacific continues to grow exponentially, with established centres (like Singapore and Hong Kong) on the ascendancy and others (like Malaysia and South Korea) emerging. Australia reformed its arbitration legislative regime in 2010 with the avowed purpose of promoting its cities (particularly Sydney and Melbourne) as centres for international dispute resolution. This session will look at Australia’s scorecard since 2010, and what more needs to be done both to attract international parties to seat their arbitrations in Australia and for Australian practitioners (barristers and solicitors) to promote the use of their services in arbitrations seated outside Australia.
SPEAKERS
The Hon Justice Jack Forrest, Supreme Court of Victoria David O’Callaghan QC Michael Wheelahan QC Roisin Annesley QC Maryjane Crabtree, Executive Partner, Allens Linklaters
The Hon Justice John Middleton, Federal Court of Australia The Hon Justice Clyde Croft, Supreme Court of Victoria Albert Monichino QC Martin Scott QC Peter Megens , Partner, King & Spalding, Singapore Bronwyn Lincoln, Partner, Herbert Smith Freehills
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1.00 pm – 2.00 pm
Break – Lunch
2.00 pm – 3.00 pm EP
Class Actions – The way of the future?
SL
PS PM
Australia is seeing a real rise in the number of Class Actions; many of them bringing substantial settlements. This session gives insights into the issues and challenges for those conducting or considering running class actions.
SPEAKERS The Hon Justice Jack Forrest, Supreme Court of Victoria The Hon Justice Jonathan Beach, Federal Court of Australia Ross Ray QC Wendy Harris QC Tim Tobin SC Nicole Wearne, Partner, Norton Rose Ken Adams, Partner, Herbert Smith Freehills Brooke Dellavedova, Principal, Maurice Blackburn
CONCURRENT SESSION
The role of the regulators in enforcement and litigation
3.00 pm – 3.45 pm EP SL
PS
PM
SPEAKERS
What are the challenges for regulators in enforcing compliance and accountability using Court processes? Are the regulators being supplanted by class actions and direct shareholder action?
Wendy Peter, General Counsel, Legal and Economic Division, ACCC Michael Kingston, Chief Legal Officer, ASIC Fiona McLeod SC Justin Brereton David Ablett, Senior Executive Lawyer, Australian Government Solicitors Ross Freeman, Partner, Minter Ellison
CONCURRENT SESSION
Litigation funding – the future
3.00 pm – 3.45 pm EP EP SL SL
Hear about the key issues regarding the rise of litigation funders and recent cases and proposed reforms which may impact on their operations within Australia.
SPEAKERS The Hon Justice Michelle Gordon, Federal Court of Australia Peter Riordan QC
PS PS
Samantha Marks QC
PM PM
David Leggatt, Partner, DLA Piper Jason Betts, Partner, Herbert Smith Freehills
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3.45 pm – 4.05 pm
Break – Afternoon tea
4.05 pm – 5.00 pm EP SL
The collision of Public Relations and the Law – managing strategic legal and PR objectives
PS PM
5.00 pm – 5.10 pm
Closing address
Corporations in crisis often have to choose between opposing views on how to proceed. How do you salvage a reputation and appear open and contrite while protecting the legal position and privilege? Hear from experts about some tips to negotiate the tension between PR and the law.
SPEAKERS Robert Richter QC Julian Burnside AO QC Leon Zwier, Partner, Arnold Bloch Leibler Tony Hargreaves, Partner, Tony Hargreaves & Partners
SPEAKER The Hon Robert Clark MLA, State Attorney General
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5.10 pm – 6.30 pm
Drinks and Canapés
SUBSTANTIVE LAW
PROFESSIONAL SKILLS
SUBSTANTIVE LAW
ETHICS & PROFESSIONAL RESPONSIBILITY
SUBSTANTIVE LAW
PROFESSIONAL SKILLS
PRACTICE MANAGEMENT & BUSINESS SKILLS
PROFESSIONAL SKILLS
ETHICS & PROFESSIONAL RESPONSIBILITY
ETHICS & PROFESSIONAL RESPONSIBILITY
PRACTICE MANAGEMENT & BUSINESS SKILLS
STANDARD REGISTRATION
REGISTRATION
EARLY BIRD Register by 3 October
REGISTRATION FORM/TAX INVOICE - Please retain a copy for your records. Register online at www.liv.asn.au/whatsoncalendar or send completed form to: LIV Registrations, PO Box 263, Melbourne VIC 3001 F 9607 9404 E
[email protected]
$580
$480
* MANDATORY FIELDS
Contact Details First Name*
Surname*
Organisation* Position Email* Address* Postcode* Phone*
Fax
Membership (if applicable)
Victorian Bar Roll Number:
LIV Membership Number:
Please choose one of the concurrent sessions at 3pm: The role of the regulators in enforcement and litigation
Litigation funding – the future
Extra Requirements Dietary Accessibility (please specify)
Payment Details All registrations need to be accompanied by full payment LIV Amex
Amex
Diners Club
Mastercard
Visa
TOTAL
Cheque – Payable to Law Institute of Victoria
Card Number
Expiry Date
Name on Card
Signature of Cardholder
CREDIT CARD SECURITY POLICY: The LIV no longer accepts credit card information via email due to credit card security requirements. Please fax or mail your registration form, register online at www.liv.asn.au/whatsoncalendar, or phone LIV Registrations on 96079473 to provide your card details. PRIVACY STATEMENT: The Law Institute of Victoria (“the LIV”) protects the privacy and security of information provided by you. By completing this form, you agree to the use of your personal information by the LIV: to process your registration form; to contact you about our products and services; to disclose to third parties providing services to the LIV; for internal purposes; and purposes otherwise generally in accordance with the extended LIV privacy policy. For full terms regarding how the LIV will collect, use and disclose your personal information, please view the extended LIV privacy policy at www.liv.asn. au/privpolicy.html. If you do not wish to receive further information of this type please notify the LIV at
[email protected] or 03 9607 9470. TERMS AND CONDITIONS: 1. The Law Institute of Victoria (“the LIV”) reserves the right to alter this program or presenter without further notice; however the program is intended to run as advertised. 2. Registrations must be accompanied by payment. Subject to the Competition and Consumer Act 2010 (Cth), registrants will be liable for payment in the event of non-attendance unless cancellation or request for transfer is made in accordance with item 3 and item 4. 3. A refund of the registration fee will only be provided (less any fees) if a cancellation notice is submitted in writing at least 5 business days prior to the commencement of the program to
[email protected]. The full Refund Policy is available at www.liv.asn.au/refundpolicy. 4. To have a substitute attend in your place please notify the LIV in writing at
[email protected] prior to the commencement of the program. TAX INVOICE: Law Institute of Victoria ABN 32 075 475 731. DATE OF ISSUE: 29/08/2014 CODE: CPD14C0808
