Federal court practice and commercial litigation issues

Tuesday 22 November 2011, 1:25pm–5:00pm
Law Society House, 179 Ann Street
  • Purchase DVD Resources
Seminar DVD (Resource code: 111122BD)
$605 non-members
$380 members
Order DVD

Overview

Professional Skills 3 CPD points

Receive feedback and guidance on the new Federal Court rules and the practical application of the Civil Dispute Resolution Act 2011. Work through current commercial litigation issues including common challenges for lawyers associated with discovery. This seminar will conclude with an in-depth current case law update.

Queensland Bar Association Accreditation code: QLS111122
1 CPD point per hour of attendance
Non allocated and advocacy strands apply

Course code: 111122B

1:25pm–1:30pm
Welcome remarks
  • Speaker: Justin McDonnell – Partner, Mallesons Stephen Jaques
1:30pm–2:15pm
Federal Court practice & procedure (including the Civil Dispute Resolution Act 2011) (Paper)

The Federal Court Rules 2011, which completely revised the former rules, commenced on 1 August 2011. Three months on, this session explores the new structure of the Rules and forms in practice. Among other aspects of Federal Court practice affected by the new rules, this session explores commencing proceedings, parties, service, interlocutory applications, judgment and orders, costs and appeals. The session will also discuss the changes brought about by the Civil Dispute Resolution Act 2011 and the impact on legal practitioners.

  • Speaker: Heather Baldwin – District Registrar, Federal Court of Australia
2:15pm–3:15pm
Judicial approaches to matters of practice in the Federal Court in commercial litigation

A judge of the Federal Court will explain what is expected of lawyers who practice in the Federal Court, including the importance of early identification of issues, the need for proactive and co-operative formulation of draft directions in advance of directions hearings; presentation of lay and expert evidence in chief – oral or affidavit; interlocutory practice and procedure issues; opening and closing submissions & the avoidance of prolixity in trial and interlocutory submissions.

  • Speaker: The Honourable Justice John Logan RFD – Federal Court of Australia
3:15pm–3:35pm
Afternoon tea
3:35pm–4:35pm
Developments in the practice of discovery (Paper)

The Australian Law Reform Council’s (ALRC) recent report into discovery in Federal Courts has highlighted a number of issues in relation to the practice and cost of discovery. This session will focus on the main issues arising out of the ALRC’s report, developments in discovery in the Federal Court and in Queensland courts, and practical approaches that can be taken to ease the burden of discovery.

  • Speaker: Andrew Shute – Special Counsel, Carter Newell Lawyers
4:35pm–5:00pm
Recent case update (Paper)
  • Speaker: Heidi Schweikert – Legal Practitioner Director, Schweikert Harris Lawyers

Featured Speakers