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Accredited Specialists Breakfast with the Experts – Business Law & Commercial Litigation

Accredited Specialists Breakfast with the Experts – Business Law & Commercial Litigation

Date & TimeFriday 30 November 2018 7:30–9am
Format Seminar
Price

Member

$180.00

Non-Member

$240.00

CPD Units 1.5
  • Substantive Law
Venue LIV Lecture Theatre, 470 Bourke St, Melbourne View Map

Accredited Specialists: Log in for your discount ($160).

Ipso Facto Clause Operation: The unconsidered aspects on legal and commercial practice.

The LIV invites our business and commercial litigation accredited specialists to attend this informative seminar. Enjoy breakfast while gaining valuable insights from a panel of leading practitioners, including Stewart Maiden QC, who will discuss the unconsidered aspects relating to the new law governing ipso facto clauses and explore the various impacts that this legislative reform has on legal and commercial practice. Don’t miss this important session for business law and commercial litigation accredited specialists.

Further Details

  • Full Description

    You may be across the legislation in theory, but are you confident in dealing with the drafting and commercial issues that you and your clients now need to address? Are you aware of the practical workarounds being suggested to preserve the operation of standard ipso facto clauses? Do you understand the steps you need to take before giving advice on enforceability and the areas for contest in litigation in this new legislative area?

    This session will:

    • refresh attendees on the changes made to the law, the impact these changes will have and the exemptions that are included with the reforms
    • examine the changes to drafting and commercial practices which otherwise would have relied on the ipso facto boilerplates, including the practical workarounds being suggested to preserve ipso facto clause operation
    • consider the steps to take before giving advice about the enforceability of terms in agreement
    • review the practical issues facing parties (primarily insolvency practitioners and parties contracting with companies in voluntary administration, subject to schemes of arrangement etc) litigating about whether enforcement of a term comprises a prohibited ipso facto clause.

    You will have the opportunity to submit ‘questions on notice’ prior to the session as well as participate in the discussion and have any questions you may have on this legislation reform addressed by our panelists on the day.

    Please be reminded that you can attend this event in person, via webinar or you can purchase a copy of the recording after the event.

  • Learning Outcomes

    By attending this breakfast, you will:

    • understand the legislative changes that have occurred and commenced operation
    • be aware of practical drafting and commercial issues which you and your clients need to address in light of the legislative changes
    • know which factors need to be considered when providing advice on contract ipso facto term enforcement
    • gain insight into some of the potential areas for contest in litigation in this new legislative area, and
    • have the opportunity to submit ‘questions on notice’ prior to the event and/or to ask questions on the day of our expert panelists.
  • Speakers

    Speakers:

    • Barrister and Fellow of INSOL, Stewart Maiden QC
    • King & Wood Mallesons banking & finance partner, Ian Solomon
    • MST Lawyers principal and commercial litigation accredited specialist, Alicia Hill

    Moderator:

    • Colin, Biggers and Paisley consultant and commercial litigation accredited specialist, Nigel Watson.

    Biographies

    Moderator: Nigel Watson, Consultant, Colin Biggers and Paisley. Accredited Specialist in Commercial Litigation

    Nigel is a consultant in the corporate and dispute resolution teams of Colin Biggers and Paisley. His practice  is focused  on insolvency and corporate reconstruction and advising the lawyer’s professional indemnity insurer on claims against lawyers arising out of corporate and commercial transactions.

    Nigel is an Accredited Specialist in commercial litigation and a member of the Law Institute of Victoria Commercial Litigation Specialisation Advisory Committee 

    Nigel was a former National Chairman of the Insolvency & Reconstruction Committee of the Law Council of Australia, and is an ongoing member of that committee.

    Nigel is recommended in numerous leading legal guides for his expertise in both insolvency and dispute resolution. He is listed  in the 2019 edition of The Best Lawyers in Australia for the field of insolvency and reorganisation law as well as the field of alternative dispute resolution. Nigel is named in Doyle's Guide 2018 as a recommended lawyer in insolvency and reconstruction in Melbourne.

    Panelists:                   

    Stewart Maiden QC, Victorian Bar and Fellow of INSOL International

    Stewart Maiden QC was first admitted to practice in 2000.  He was called to the Victorian Bar in 2002 and appointed silk in 2017.  He is a Fellow of INSOL International, the international association of insolvency professionals, and chairs the Insolvency Section of the Commercial Bar Association of Victoria.

    Stewart practises in complex commercial disputes with a strong focus on insolvency law.  He has a broad appearance and advice practice which encompasses domestic and cross-border insolvency, securities class actions, fiduciary and fraud-related actions, banking and finance disputes, corporate control disputes and general commercial litigation. 

    He is recognised as a pre-eminent senior counsel in Doyle's Guide's ranking of Victorian insolvency and reconstruction barristers, and as recommended senior counsel in its list of commercial litigation and dispute resolution barristers.  Before he took silk, Stewart's work as junior counsel was recognised by Chambers Global as justifying a 'band 1' ranking within its rankings of Australian insolvency and restructuring barristers. 

    Stewart is widely published.  He edited and co-authored the book Insolvent Investments (LexisNexis, 2015).  He serves on the Editorial Board of the Insolvency Law Journal and writes the chapter on private international law for McPherson's Law of Company Liquidation.  He has published articles in many peer-reviewed journals, several of which have been cited in superior court judgments.

    In 2017, Stewart was an inaugural ministerial appointee to the Insolvency Practitioner Disciplinary Committees, which rule on the registration and discipline of liquidators under the Corporations Act 2001 (C'th).

    Ian Solomon, Partner, King & Wood Mallesons

    Ian is a Partner in the Banking and Finance team of King & Wood Mallesons. He specialises in the areas of property and structured finance, general corporate finance and capital markets.

    Ian has acted for various New York and London based financial institutions in relation to structured finance transactions including equity repurchase, debt repurchase option arrangements and limited partnership structuring. He has also acted for Telstra Corporation in relation to its A$1 billion senior debt financing arrangements.

    Ian is named in the 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 editions of Chambers Global as a "World's Leading Lawyer" for Banking and Finance (Band 1), in which he was recognised in 2010 for his "high-level problem-solving ability", in 2012 for his "ability to thoroughly manage complex matters" and in 2015 for his "broad perspective and industry understanding".

    In 2015, Ian was the exclusive winner for Australia of the International Law Office's 2015 Client Choice Award for Banking and Finance Law.

    Alicia Hill, Principal, MST Lawyers
    Accredited Specialist in Commercial Litigation

    Alicia is a Principal in the Dispute Resolution & Litigation Team at MST Lawyers.

    She is an Accredited Specialist in Commercial Litigation in both Queensland and Victoria, a Nationally Accredited Mediator, graded arbitrator.

    Alicia is a fellow of FINSIA, member of ARITA, Turnaround Management Association, the ACCC Consultative Committee for Small Business and Franchising, and the Vic-Tas State Chapter of the Franchise Council of Australia .

    In 2017, Alicia was again included in The Best Lawyers in Australia for her work in litigation, her third year of successive recognition in this category.