• CPD Points: 1 [E] [PS] [EW]
  • Price: $77.00
  • Area: Advocacy; Commercial Law; Contract Law; Family Law; Litigation; Trusts; Wellbeing and Lifestyle
  • Delivered: October 2020
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Mr Evan Hughes was joined by Ms Linden Barnes, Mr Craig Hassed OAM and Mr Simon Gates to deliver this entertaining and informative session as part of the Litigation Conference 2020. Commercial transactions and legal documents within family owned businesses may appear ‘amicable’ at the time – but what risks are there to the solicitors involved if a dispute arises? This essential session for both litigators and commercial/property lawyers will consider legal, professional, ethical, and personal considerations for lawyers involved in commercial transactions for these clients, and when later acting (or appearing as a witness) in related litigation, including:

  • Common “fertile ground” for dispute – and how to address it
  • Ethical considerations when acting for multiple generations of the same family in the same transaction, including the new Rules of Practice
  • What happens when your file (or you) are subpoenaed in later proceedings?
  • Can/should you act in a later dispute when you were involved in the transaction?
  • Learning from the issues faced by the lawyers for the family in Mercanti – a cautionary tale
  • Be mindful of the impact-taking care of yourself – practical techniques for lawyers to recover, recharge and de-stress.

Evan Hughes, Principal, Rae & Partners

About the Presenter:

Mr Evan Hughes is the most senior litigation lawyer at Rae & Partners. Evan shares responsibility for a team of lawyers working across the State’s North and North-West in areas of civil and criminal litigation. To say that Evan thrives on the trials he conducts in the Supreme and Federal Courts would be an understatement. He has extensive experience in contested matters, appeal work and providing advice and opinions with respect to these matters. Evan is also immediate past President of the Law Society and has been Chair of the Society’s Civil Litigation Committee since 2013. He has argued numerous appeals, and some have refined the law in Tasmania as we know it.

Linden Barnes, Senior Ethics Solicitor, NSW Law Society

About the Presenter:

Ms Linden Barnes has been an Ethics Solicitor with the Law Society in NSW for 9 years. She provides guidance to solicitors about their ethical obligations and conducts ethics presentations and writes ethics articles. Linden commenced as a lawyer in insurance litigation and has since worked in generalist in-house roles.

Craig Hassed, Associate Professor, Monash University

About the Presenter:

Associate Professor Craig Hassed OAM has been working within the Faculty of Medicine at Monash University since 1989. He now also teaches into a number of other faculties and is coordinator of mindfulness programs across Monash. His teaching, research and clinical interests include mindfulness, mind-body medicine, lifestyle medicine, integrative medicine, and medical ethics. Craig has authored over 100 papers in peer-reviewed journals and is regularly invited to speak and run courses in Australia and overseas in health, educational, government and corporate contexts. Craig was the founding president of Meditation Australia and has published 13 books and 14 book chapters. He co-authored with Richard Chambers the two free online Mindfulness courses in collaboration with Monash University and FutureLearn, both of which are rated by Class Central among the leading online courses in the world. In 2019 Craig was awarded the Medal of the Order of Australia (OAM) for services to Medicine.

Simon Gates, Partner, McLean, McKenzie & Topfer

About the Presenter:

Mr Simon Gates graduated from the University of Tasmania in 2005 with a Bachelor of Laws with Honours, graduated with a Bachelor of Science with First Class Honours in 2001, and was President of the Law Student’s Association at the University of Tasmania in 2004. In 2007, Simon was admitted as a Barrister and Solicitor of the Supreme Court of Tasmania and the High Court of Australia, and between 2007 and 2011 Simon was Crown Counsel in the Office of the Solicitor General for the State of Tasmania, during which time he acted as Junior Counsel for the State in a number of High Court Constitutional Law cases. Simon was appointed Legal Advisor (2011) and then Senior Legal Advisor (2012-13) to the State Attorney-General before entering private practice. In July 2017, Simon became a partner at McLean McKenzie Topfer.