Briefed: Commercial Law Updates Level Twenty Seven Chambers

WHAT DOES THE SEMINAR COVER?A dishonest agent of a company causes a bank to transfer funds out of the company’s account and then absconds with the money. If the agent can be found, there may be personal claims against them. If traceable proceeds can be found, there may be proprietary claims in respect of them. But what about claims against the bank?It has long been clear that banks are under a duty to refrain from executing a customer’s order if, and for so long as, the bank has reasonable gr...

What does the seminar cover?In the decision of Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles was invalid. The tax was held to be a “duty of excise” which, under s 90 of the Constitution, States cannot impose. Section 90 reserves to the Commonwealth Parliament the exclusive power to impose duties of excise.The decision is significant because the majority reopened and overruled previ...

WHAT DOES THE SEMINAR COVER?Discretionary trusts in Australia are drafted to give trustees maximum flexibility in the exercise of their discretions, which are variously described as “uncontrolled”, “absolute” and even “irresponsible”. Since the 19th century the Courts have declined to examine the exercise (or non exercise) of these discretions, except in very special circumstances. The Courts have supposed that it is the settlor’s express desire that just as they could give away their own pro...

What will the seminar cover?The primary purpose of the Courts in any legal system must be to determine the truth. In common law systems, that purpose is generally facilitated by subjecting witnesses to cross-examination and requiring parties to disclose and produce relevant documents. However, in certain cases, one may resist giving relevant information or producing relevant documents by invoking the doctrine of legal professional privilege.The history of legal professional privilege stretche...

What will the seminar cover?The Strategy of Pleadings was the second of four education events in 2023 co-hosted by Queensland Young Lawyers and Level Twenty Seven Chambers. Oliver Cook (Level Twenty Seven Chambers) and Jayleigh Sargent (16 Quay Central) facilitated this session.Topics covered:- The purpose of pleadings- Advocacy through pleadings- Strategic approaches to pleadings Who should watch?The session was targeted at those up to PQE 5 years but more experienced lawyers will find ...

What will the seminar cover?This was the first CPD in a series of four co-hosted by Level Twenty Seven Chambers and Queensland Young Lawyers covering essential lawyer knowledge and skills. Both having practised as solicitors at international law firms prior to joining the bar, Michael Trim (Level Twenty Seven Chambers) and Tim Stork (Lucinda Chambers) shared practical tips on preparing for trials in the commercial and planning & environment courts.Who should watch?The session was tar...