Preview__Challenging_Expert_Determinations_;with_Benjamin_Whitten_and_Paul_Vincent.mp4
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.
Preview__Representations_in_Advertisements_;with_Sophie_Dawson_and_Kevin_Andronos_SC.mp4
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
Preview__Strata_Scheme_Legislation_;with_Colin_Purdy_and_Tara_Plumbe.mp4
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.
Subscribers can watch the full video at https://buff.ly/3NmY96N
441109 UpjohnMason Promo FIXED.mov
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.
preview__the_eggshell_back__how_the_defendant_got_it_so_wrong_in_ryrie_v_tanner_(no_2)_;with_steven_whybrow_and_claire_natoli (1080p).mp4
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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441501z Promo.mov
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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If you wish to subscribe to Continuing Professional Development you can do so here: https://buff.ly/2ZQPheu
441476 3rd Cut Promo.mov
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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Preview__In_Pursuit_of_Legal_Personhood_for_Animals_;with_Naaman_Kranz_and_Mike_Rosalky.mp4
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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Preview__Cross_Cultural_Perspectives_in_International_Commercial_Arbitration_with_Katie_Sutton_and_Swee_Im_Tan.mp4
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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441466z 3rd Cut Promo.mov
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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Preview__Reasonableness_and_the_Prevention_Principle_in_property_transactions_with_Christopher_Wood_SC_and_Timothy_Messer.mp4
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
If you wish to subscribe to Continuing Professional Development you can do so here: https://buff.ly/2ZQPheu
441399 Atkins Mullen Promo second edit.mp4
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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Preview__Enterprise_Agreements_and_Redundancy_Processes_;with_Bilal_Rauf_and_Jamie_Darams.mp4
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/47C38s1
If you wish to subscribe to Continuing Professional Development you can do so here: https://buff.ly/2ZQPheu
441346 Walsh Tsang promo.mp4
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.
441369 Cunneen SC Urban (zoom)_ Final Promo v3.mp4
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
441388 Tibbey Brazel (zoom)_ Final Promo.mp4
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.
https://buff.ly/3FOZjEd https://buff.ly/3uait4M
441464 2nd Cut Promo.mov
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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441418 3rd Promo.mp4
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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https://buff.ly/3sfZ4im
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440995 PortaRichmanPREVIEW.mp4
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.
