Bench TV

What will happen if an expert deviates from what was contractually agreed with them? Join Benjamin Whitten and Paul Vincent as they discuss the decision of Middlemount South Pty Ltd v Anglo American Metallurgical Coal Assets Pty Ltd & Anor [2020] QCA 132.

Melbourne barristers Ian Upjohn QC and Brian Mason acted for the plaintiffs in in the case of El-Saafin & Anor v Franek & Ors (No 4) about a company in liquidation. In this BenchTV presentation they examine the Court’s granting of derivative leave, its balancing of the interests of the plaintiffs, the company as identified by the liquidator and the interests of other creditors, and the implications of the case for other legal teams at https://buff.ly/2ZQPheu

Want to learn more about strata schemes and duties and obligations of owners corporations? Join Colin Purdy and Tara Plumbe as they discuss the case Huang v Owners of Strata Plan No 7632 [2020] NSWCA 488.

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Melbourne barristers Ian Upjohn QC and Brian Mason acted for the plaintiffs in in the case of El-Saafin & Anor v Franek & Ors (No 4) about a company in liquidation. In this BenchTV presentation they examine the Court’s granting of derivative leave, its balancing of the interests of the plaintiffs, the company as identified by the liquidator and the interests of other creditors, and the implications of the case for other legal teams.

Was the plaintiff the hypothetical 28-year-old on the Clapham omnibus who would have recovered from a car slam accident in three months, as the defendant claimed, or an ‘eggshell skull’ case whose injuries would be disproportionate? In the case of Ryrie v Tanner (No 2) [2020] ACTSC 104 the Chief Justice of the ACT thought the latter, leading to compensation three and a half times greater than the defendant had offered. Barrister Steven Whybrow of Key Chambers in Canberra and solicitor Claire Natoli of Baker, Deane & Nutt Lawyers examine the disconnect between the offers and the judgment and why the defendant got it so wrong in the latest BenchTV video at link

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In the latest BenchTV presentation, barrister Oliver Jones and Special Counsel Adrian Barwick discuss the career of Sir Garfield Barwick with reference to Oliver Jones’ latest article in the Australian Bar Review, “A secret interview with Sir Garfield Barwick”, and his chapter in the book Great Australian Dissents “Not so humbly advising?” at Link

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What are Heads of Agreement? How are they properly constructed? Are they as legally enforceable as contracts for the sale of land? Join John Ribbands (Barrister) and Ian Benson (Principal) as they discuss these questions in light of the recent Court of Appeal decision of Patel v Sengun Investment Holdings Pty Ltd [2023] VSCA 238.

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How do courts apply the presumption of ademption of a legacy for a particular purpose by a subsequent gift for a substantially identical purpose? What conditions must be met for the presumption to apply? What was the finding of the court in In the estate of Pryor [2023[ ACTSC 170? Join barrister, Gordon McGrath of 13th Floor St James Hall Chambers, Sydney and solicitor, Ian Benson of Benson Law, Sydney as they discuss these questions in light of the recent decision of Pryor.

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Mike Rosalky and Naaman Kranz set up K & R Animal Law to support their passion, using their legal expertise to take cases Australia-wide protecting animal rights and their human defenders. Animals are generally considered to be property, or things, under the law but the concept of legal personhood for animals is growing internationally. Mike and Naaman discuss the developing Animal Law and key cases in this BenchTV presentation at link

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Want to learn more about Cross Cultural Perspectives in International Commercial Arbitration? Join Katie Sutton interviewing Swee Im Tan, who is a Chartered Arbitrator and International Arbitrator Member at 39 Essex Chambers in Kuala Lumpur.

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A novel, and successful, application has been made in the Victorian Supreme Court to convert an orthodox proceeding to a class action. While Dominica Tannock, principal of DST Legal in Melbourne, was representing Mr Green, his partner and their daughter against Greencorp Oilseeds Pty Ltd about emissions from its oilseed factory it became apparent there were a number of others impacted. Barrister Dr Michelle Sharpe, of Owen Dixon Chambers East, joined Dominica Tannock in an application to the Victorian Supreme Court to convert a single proceeding to a group proceeding. They discuss the issues raised in Green & Ors v Graincorp Oilseeds Pty Ltd [2023] VSC 395 in a new BenchTV presentation at link

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Join Bilal Rauf and Jamie Darams as they discuss enterprise agreements and contractual provisions to a redundancy process in light of Jermiin v Commonwealth Scientific and Industrial Research Organisation [2021] FCA 1043.Subscribers can watch the full video at: https://buff.ly/3QUCl3s

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Tune into this episode of BenchTV, where actuary expert, Geoff Atkins, Principal of Finity Consulting, and legal expert, Vicki Mullen, Senior Consultant at Finity Consulting, discuss two recent test cases facilitated by AFCA relating to business interruption insurance claims. The pair discuss AFCA’s role and recent trends in the insurance space at link.

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Join Bilal Rauf and Jamie Darams as they discuss enterprise agreements and contractual provisions to a redundancy process in light of Jermiin v Commonwealth Scientific and Industrial Research Organisation [2021] FCA 1043.

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People often refer to the law of adverse possession as legalized land theft, and there might actually be good arguments to support that view. But in any event, the common law tells us that adverse possession occurs when a person takes actual possession of another’s land without that landowner’s consent.
Join Lee-Ann Walsh (Barrister, Chalfont Chambers, Sydney) and Jonathan Tsang (Barrister, Frederick Jordan Chambers, Sydney) as they give a quick guide to this unusual area of law.

The latest author in our Authors’ Corner is Margaret Cunneen SC. Her legal career spanned 30 years as Crown prosecutor and a further spell working on the other side as defence counsel. She discusses the highs and lows of her career from her new book The Boxing Butterfly with author and journalist Andrew Urban https://buff.ly/3Gobcm6

Robert didn’t really know what a will was. So when his family had died and three people with no family connection began to look out for the cognitively and physically impaired over-50-year-old, what was the legal process to make them the beneficiaries of his will and how did the Court go about making it? Barrister Mandy Tibbey of 8 Wentworth Chambers and solicitor Geoff Brazel, principal of Brazel Moore Lawyers, provide the step-by-step process of making an application for a statutory will and examine how it was dealt with by the Court in their recent successful application in Re the Will of Robert [2022] NSWSC.

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What are the legal requirements for the use of e-scooters in Australia? How does this compare to international jurisdictions? What are the insurance and registration requirements of e-scooters? What happens in the event of an accident? Join Raj Kanhai (Principal) and Timina Liu (Actuary) as they discuss the implications of the use of e-scooters in Australia.

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The argument that Bitcoin is a form of currency, eligible for discounting against company losses, did not fly with the Australian Tax Office, nor with the Administrative Appeals Tribunal in the case of Seribu Pty Ltd and Commissioner of Taxation. The Federal Government has amended the ITAA to make clear that it is not. Adam Ahmed, Principal of Adam Ahmed & Co discusses the arguments he took to the ATO with the firm’s Senior Solicitor David Gordon

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In this edition of BenchTV, Giulia Prosperi-Porta (Vice Chair, NSW Young Lawyers Animal Law Committee) and Amanda Richman (Senior Lawyer, Animal Law Institute) discuss ways of using strategic litigation in cases of animal welfare.

Pendulum arbitration is a form of arbitration where the parties each submit a draft award and the arbitrator chooses between them. It is conducted more cheaply and quickly than conventional arbitration. It is popular in the US and UK but has rarely been used in Australia. Robert Fenwick Elliott, a pendulum arbitrator and mediator based in South Australia, discusses its advantages with Christopher Chin, Graduate Clerk at A R Conolly & Company Lawyers, in a new BenchTV presentation.

In this edition of BenchTV, Rebecca Johnson (Professor, Vancouver Canada) and Thalia Anthony (Associate Professor, UTS, Sydney) discuss the current landscape around indigenous legal activism relating to land and law.

In this edition of BenchTV, Malcolm Gittoes-Caesar (Principal/Director, Head of Family Law, Coleman Greig, Parramatta) and Karina Ralston (Principal Lawyer, Team Leader, Family Law, Coleman Greig, Paramatta) discuss property ownership after separation and divorce, the implications of trusts, loan agreements and inheritances and how to best protect property from ex-spouses.

In this edition of BenchTV, Andrew Grima (Principal lawyer at Coleman Greig) and Catherine Sedgley (Senior Associate at Coleman Greig) comprehensively discuss the legal process before, during and after a franchising agreement has been signed. There is a special focus on the complex mediation process and the element of control.

Coniston' has never before been fully researched and recorded; with this book that absence in Australia’s history is now filled. As the last great mass killing in our country’s genocidal past but an event largely unremembered, it reminds us that, without truth, there can be no reconciliation.'

In this edition of BenchTV, Keenan Mundine (Co-founder of Deadly Connections) and Dr Thalia Anthony (Professor at UTS Law) discuss Keenan’s journey in and out of the criminal justice system, his upbringing, relationship with police, deaths in custody and his long term vision.

In this edition of BenchTV, Professor Michael Adams (Head of Law School, University of New England) and Malcolm Campbell (Principal lawyer, Coleman Greig Lawyers) discuss the various dimensions of legal ethics such as ‘conflicts of interest’ and the role of technology/education. The BenchTV url is: https://buff.ly/46qoB6E

In this edition of BenchTV, John Turnbull SC (Barrister, 9 Windeyer Chambers, Sydney) and Geoffrey McDonald (Barrister, 9 Windeyer Chambers, Sydney) discuss the principles, procedures and pitfalls in obtaining freezing orders and the circumstances in which they should be sought. The BenchTV url is: https://buff.ly/46qoB6E

There are different proportionate liability provisions and regimes in each of the statutes of the states. In the Commonwealth, cases are brought forward in regards to s2 of the Competition and Consumer Act 2010 (Cth). The case of Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd (NSWCA) came within the regime of Pt. 4 of the Civil Liability Act 2002 (NSW) as it was brought on the basis of a failure to exercise reasonable care and skill. Anthony Cheshire SC and Meher Gaven of 8 Wentworth Chambers discuss the case they ran in this edition of BenchTV.

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When Mr Spedding was awarded over $1.4 million in damages by the NSW Supreme Court against the State of NSW, the State of NSW appealed. There were 13 main grounds of appeal in the State of New South Wales v Spedding [2023] NSWCA 180 and all bar one were dismissed by the Court of Appeal, confirming damages from police malicious prosecution, misfeasance in public office and collateral abuse of process. The Court said its award of exemplary damages was “to indicate the Court’s disapproval of the conduct, to uphold and vindicate the rule of law and to encourage the State to take steps to ensure that such reprehensible conduct does not recur”. Barrister Tahn O’Rourke, of Sir Owen Dixon Chambers, and principal lawyer Peter O’Brien, of O’Brien Criminal and Civil Solicitors, discuss the issues and reasoning in the Appeal at https://buff.ly/3PLCyGV