Commercial Bar Events & CPDs

CommBar

Statutory Interpretation Transformed: Contextualism as a Force for Change in the Identification of Interpretative Factors

The Commercial Bar Association (Public Law Section)
15May

The duty to have regard to context (‘contextualism’) is a central principle of contemporary statutory interpretation. It mandates that the context of words, whose meaning is in question, be considered in all cases regardless of whether the meaning of the words, read in isolation, is plain. The leading Australian case is the decision of the High Court of Australia in CIC Insurance Ltd v Bankstown Football Club. Significantly, context in this sense is both intrinsic and extrinsic. The principle has dual functions: it is a significant component of the interpretative process, and a force for change in the law governing the identification of interpretative factors. As a component, it directs the manner in which considerations ought to be identified. As a force for change, the principle questions the necessity for any restriction on taking account of a consideration that can rationally assist understanding of meaning.

The presentation will elaborate how, as a force for change, the principle has led to a great number of the previous restrictions on taking account of particular considerations being altered or abandoned. As a result, a rule-based approach has been eschewed, interpretative criteria now largely consist of guidelines, and interpretation has been transformed into a far more multi-factorial exercise than in the past. The process of evaluation of the interpretative criteria that the principle has instituted, is ongoing.

The presentation will consider separate criticisms made by two commentators of the work of the High Court in bringing about these changes. The presenter argues that, for the most part, the criticisms lack force and that, overall, the High Court has made a significant positive contribution in guiding how interpretative factors are to be identified in the course of statutory interpretation.

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This is an in-person event only. The session will be recorded for viewing later.

Speaker(s): 
Stephen Moloney (Chair), Associate Professor Jeffrey Barnes (La Trobe University)
When: 
Wednesday, 15 May, 2024 - 17:00 to 18:00
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Substantive Law;

Appearing as counsel at a coercive examination conducted by an integrity/investigatory body: your rights and obligations

The Commercial Bar Association (Public Law Section)
9May

The Victorian Inspectorate (VI) oversights key integrity and investigatory bodies in Victoria that have the power to issue witness summonses requiring persons to attend and answer questions at a coercive examination, including IBAC, the Victorian Ombudsman and the Office of Chief Examiner. The VI itself can also issue witness summonses for examinations it conducts. Witnesses required to attend an examination have the right to legal representation.

This seminar will examine the rights and obligations of counsel representing a witness at a coercive examination (and also those of the witness) and provide helpful hints as to matters counsel should consider when preparing for the examination.

CLICK HERE TO RSVP

This is an in-person event only. The session will be recorded for viewing later.

Speaker(s): 
Emrys Nekvapil S.C. (Chair), Eamonn Moran PSM KC (Inspector, Victorian Inspectorate), Cathy Cato (Chief Executive Officer and General Counsel
When: 
Thursday, 9 May, 2024 - 16:30 to 17:30
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Substantive Law;

Shareholder class actions: recent developments and emerging trends

The Commercial Bar Association (Class Actions Section)
15Apr

Shareholder class actions have been in a state of upheaval in recent years. In a landscape where shareholder class actions commonly settle, very few have proceeded all the way to judgment.

In this seminar, the CommBar Class Actions Section will look at recent developments and emerging trends in shareholder class actions.

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This is an in-person event only and will also be recorded.

Speaker(s): 
Wendy Harris KC (Chair), Scott Cromb, Michela Agnoletti
When: 
Monday, 15 April, 2024 - 17:15 to 18:15
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Substantive Law;

New Commercial Court Practice Note

The Victorian Bar and the Supreme Court of Victoria
18Mar

The new Commercial Court Practice Note introduces significant reforms for pre-trial and trial management.  This seminar will focus on the key changes and the role of barristers in discharging their duties and obligations to the court and clients in light of those changes. 

The seminar will cover key topics including: s 26 of the Civil Procedure Act (Vic) and the Court’s approach to discovery in light of the statutory obligation; the Court’s expectations and the requirements of witness outlines; early allocation of trial dates; the timing and importance of accurate trial plans; compliance monitoring by the Court; interlocutory applications; the requirements for the exchange of limited correspondence; the obligation on counsel to confer and limits on materials for hearings.

 

VENUE: Level 3, Court 6, William Cooper Justice Centre, 223 William Street

CLICK HERE TO RSVP

This is an in-person event only. The session will be recorded for viewing later.

Speaker(s): 
The Hon. Justice Jim Delany (Chair), The Hon. Justice Nichols, The Hon. Justice Connock, The Hon. Justice M Osborne
When: 
Monday, 18 March, 2024 - 17:00 to 18:00
1 CPD point(s):
Ethics & Professional Responsibility; Substantive Law; Barristers Skills;

Self-represented litigants in Commercial Cases

The Commercial Bar Association (Banking and Finance Section)
22Feb

This seminar provides insight into dealing with self-represented litigants in commercial cases with a perspective from the bench and an overview of the role of the Victorian Bar’s pro bono schemes.

CLICK HERE TO REGISTER

This is an in-person event only and will not be recorded.

Speaker(s): 
Samantha Cipriano (Chair), Judicial Registrar Englefield (Supreme Court), Judicial Registrar Muller (County Court), Christopher Lum (Deputy Co-Chair Pro Bono Committee Victorian Bar)
When: 
Thursday, 22 February, 2024 - 17:00 to 18:00
Where: 
Neil McPhee Room, Level 1 Owen Dixon Chambers East
205 William Street
Melbourne VIC 3000
Australia
1 CPD point(s):
Ethics & Professional Responsibility; Substantive Law;