Advertise on podcast: Briefed: Commercial Law Updates

Join four members of the AACL Queensland Chapter Committee as they break down some of the most significant and engaging Constitutional Law decisions of 2025. Chaired by Sarah Spottiswood (Barrister, Level Twenty Seven Chambers), this episode features insightful contributions from: Kent Blore, Crown Counsel, Crown LawTim Gordon, Partner, Clayton UtzFelicity Nagorcka, Barrister, Higgins ChambersGabriel Perry, Barrister, 8 Petrie ChambersTogether, they explore the key principles and practical implications arising from the following High Court cases: Ravbar v Commonwealth [2025] HCA 25Farmer v Minister for Home Affairs [2025] HCA 38G Global 120E T2 Pty Ltd v Commissioner of State Revenue [2025] HCA 39Cherry v Queensland [2025] HCA 14This episode is highly relevant for lawyers, in-house counsel, legal advisors, academics, and students seeking clarity and expert analysis on recent constitutional developments. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

Florence Chen and Oliver Cook of Level Twenty Seven Chambers discuss the art of Evidence in Chief. They share practical insights for lawyers aiming to sharpen their trial advocacy and explore what aspiring barristers should know when considering a career at the Bar.  Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

Whilst the introduction of expedited arbitration procedures by institutions aimed to reduce the delay and expense associated with arbitral proceedings, it is not always easy to strike the right balance between procedural efficiency and due process when applying these rules. The panel will discuss their experiences with expedited procedures, sharing insights on their practical use and effectiveness. The audience will leave with a refreshed understanding of the expedited procedures currently available, including the newly introduced SIAC Streamlined Procedure.  Presenters Moderators: Lucinda Brabazon (Level Twenty Seven Chambers) & Michael Neumeier (Jones Day) Panelists: Russel Thirgood (Independent arbitrator), Annie Leeks (Jones Day) & Dan Butler KC (Gerard Brennan Chambers) Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

What will the seminar cover? Claire Schneider, Salwa Marsh and Emily O’Brien (Level Twenty Seven Chambers) will present with the Queensland Young Lawyers on the topic of Thriving at the Bar. This event will present the skills and mindset needed to thrive in advocacy, the pathways to joining the bar and insights into the day-to-day life of a barrister. Who should listen? Whether you’re considering a move to the bar or simply curious about the profession, this event is a great opportunity to gain insights from the barristers at Level Twenty Seven Chambers and level up your advocacy skills. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

Florence Chen and Oliver Cook (Level Twenty Seven Chambers) present to The Queensland Young Lawyers on the topic of Cross-Examination at Trial. This seminar breaks down the essential strategies, tips, and techniques to master this critical part for the Cross-Examination of witnesses. Whether you are a solicitor advocate or regularly brief counsel, this event is a great opportunity to gain insights from the barristers at Level 27 Chambers and level up your advocacy skills. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

Trustees’ Indemnities and Fiduciary Obligations, presented by Paul McQuade KC and Lauren Gamble.  The High Court of Australia appeal in Naaman v Jaken Properties Pty Ltd raises the question whether a successor trustee owes a ‘fiduciary obligation’ to a former trustee to preserve the former trustee’s right of indemnity. Following last years presentation “Succession of Trustees: am I still indemnified?”, this seminar will involve a detached examination of today’s High Court decision, including: Overview of the proceedingsWhat the High Court determined and whyThe High Court’s description as to a trustee’s right of indemnityWhat is the practical impact of the decisionThe session will interest commercial advisory and litigation lawyers, and insolvency practitioners. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

In this session, Glenn Newton KC discusses the uncertainties of all merit-based determinations of legal disputes. Why that is so. And what are the alternatives in the best interests of our clients.  Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

The International Law Association, Queensland Chapter welcomes DLA Piper, presenting at Level Twenty Seven Chambers. As the world inches closer to key climate deadlines of 2030 and 2050, countries likely to be severely impacted by the adverse effects of climate change have sought to clarify States’ obligations under international law in respect of climate change, using advisory opinion proceedings in various international fora. Join us for a first-hand account from DLA Piper on the critical role of States in advisory opinion proceedings on climate change before international courts and tribunals, including their initiation, litigation, and implementation. This seminar will also consider some of the practical realities of participating in an advisory opinion and representing Small Island Developing States and Least Developed Countries, and the potential implications of the advisory opinions at both international and domestic levels. This session will interest: Dispute resolution, planning & environment, energy & resources and government lawyers; NGO’s; in-house counsel; company secretaries and sustainability officers; arbitration and alternative dispute resolution pracitioners, and those interested in public international law. Presenters: Stephen Webb – Partner and Head of Energy Sector, Asia-Pacific  Gitanjali Bajaj – Partner and Co-Head of International Arbitration, Asia-Pacific Claire Robertson – Solicitor  Riley Arthur – Solicitor  Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

Briefed: Commercial Law Updates What will the seminar cover? A lawyer, a forensic accountant and counsel will examine, from the perspective of a claimant and affected third parties, the nature of relief that may be sought, including proprietary relief, the concepts of tracing, and management of claims for civil fraud or misappropriation. In particular: The nature of relief that may be claimed – monetary and proprietaryIssue to be considered when proprietary relief is sought with respect to real propertyThe concepts of tracing and following; tracing through mixtures, tracing into debts and overdrawn accounts; backward tracingHow does a forensic accountant manage and undertake the exercise of tracing: what instructions and information do they require?Managing clients, including seeking asset preservation orders, claims of privilege against self-incrimination and issues that arise in obtaining documents when undertaking the investigation process.Who should attend? Advisory and dispute resolution lawyers, in-house counsel, accountants and insolvency practitioners. PRESENTERS Paul McQuade KC (Barrister, Level Twenty Seven Chambers) Paul handles a wide range of complex commercial litigation matters, including banking and finance, charities, competition and consumer law including claims for misleading and deceptive conduct, contract law, equity, managed investment schemes, partnerships, property and leasing disputes, securities and trusts. He has also acted in a number of civil fraud cases and is a Chartered Accountant. Lauren Gamble (Barrister, McPherson Chambers) Lauren practices in a broad range of disputes but predominately in the areas of commercial and insolvency law. Prior to being called to the bar, Lauren practiced as a solicitor in litigation and dispute resolution at several law firms in Brisbane. Mohammud Jaamae Hafeez-Baig (Barrister, Level Twenty Seven Chambers) Jaamae has a broad commercial and public law practice, which encompasses equity and trusts, civil fraud and asset recovery claims, contract law, administrative law, constitutional law, corporations law, consumer law, insolvency, and succession law. In addition to advising on Australian law and appearing in Australian proceedings, he practises at the English Bar from Brick Court Chambers in London. Daniel Hains (Director, Vincents) Daniel leads Vincents Forensic Technology, a division of Vincents Forensic Services. Daniel is a Chartered Accountant and uses his experience in forensic accounting, data acquisition and analytics to provide expertise in financial matters, fraud investigations and commercial litigation engagements. He also works with our highly qualified computer forensics and eDiscovery experts to deliver solutions in the field of digital evidence. Caitlin Connole (Principal, McInnes Wilson Lawyers) Caitlin is a Principal in the McInnes Wilson Lawyers Dispute and Insolvency team and has over 15 yea Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 grounds for believing that the order is an attempt to defraud the customer—sometimes referred to in English law as the “Quincecare duty”. But the basis for and scope of that duty have only recently been closely examined. The Privy Council considered the duty in 2022 and the Hong Kong Court of Final Appeal considered it in 2023. But the most comprehensive examination—and reformulation—of the duty came with the decision of the United Kingdom Supreme Court earlier this year in Philipp v Barclays Bank UK Plc [2023] 3 WLR 284. Despite all of this, there has been curiously little attention given to the Quincecare duty in Australian law. This seminar will cover: - what the Quincecare duty is and when a claim for breach of the duty will be advantageous; - the recent developments in the Privy Council, the Hong Kong Court of Final Appeal, and the United Kingdom Supreme Court; and - the current state of Australian law on the Quincecare duty, what remains unclear, and what might change in light of the above developments. WHO SHOULD LISTEN? This session will interest all commercial advisory and litigation lawyers, in-house counsel, and their clients. He is a co-author of the publication, The Law of Tracing (Federation Press, 2021), and is a member of the author team for Civil Procedure Queensland. Jaamae PRESENTER Mohammud Jaamae Hafeez-Baig (Barrister, Level Twenty Seven Chambers) Jaamae practises from Level Twenty Seven Chambers in Brisbane and from Brick Court Chambers in London. He has a broad practice that covers all areas of commercial and public law. His notable recent instructions include appearing in the High Court of Australia, the Privy Council, and the English Commercial Court. He has a particular interest in civil fraud and asset recovery and is a co-author of The Law of Tracing (Federation Press, 2021). MATERIALS This presentation was hosted as a live in person seminar/webinar. The video recording, PowerPoint and transcript are available here. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 previous High Court authority to reach that conclusion. It is also significant because it may affect the validity of other state taxes. This seminar will explore: the meaning of “duty of excise” in s 90 of the Constitution as established by previous decisions of the High Court;the decision in Vanderstock and the key reasons of the majority and the dissenting Justices; andthe implications of Vanderstock for state taxes other than those concerning EVs.  Sarah and Michael authored an article of the same name in Proctor (Queensland Law Society) which provides a high-level summary of the topics that will be covered in this seminar. Who should watch? This session will interest advisory and litigation lawyers, especially those with tax practices.   PRESENTERS Michael May (Barrister, Level Twenty Seven Chambers) Michael has a broad commercial and administrative law practice, with a particular focus on competition, corporations, tax litigation, equity and trusts, insolvency, class actions, professional negligence, estates and real property. He is variously listed in Chambers & Partners, Doyle’s Guide, AFR’s Best Lawyers and Legal 500 for his expertise in commercial dispute resolution, competition law, tax law, and insolvency & reconstruction.   Sarah Spottiswood (Barrister, Level Twenty Seven Chambers) Sarah practices commercial litigation and arbitration as well as constitutional and administrative law. Since coming to the Bar, she has appeared in several matters in the High Court of Australia, in State and Federal Courts and in various tribunals, mostly in Queensland but also in Victoria. These matters range from large and complex commercial and corporate disputes through to sensitive and high-profile public law litigation. She is listed as a leading junior for commercial disputes by Legal 500 Asia Pacific. Sarah appeared for the Attorney-General of Queensland in Vanderstock v Victoria [2023] HCA 30.   Michael Maynard (Barrister, Level Twenty Seven Chambers) Michael accepts briefs in all areas of law, with a particular focus on commercial and public law. Immediately prior to commencing at the Bar, he was Counsel Assisting the Solicitor-General of the Commonwealth. He was previously a Senior Lawyer and the Australian Government Solicitor (AGS), Counsel within the Office of General Counsel at AGS, and a solicitor King & Wood Mallesons. Michael appeared for the Attorney-General of Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 property as they see fit, where reasonably or not, so can they permit their trustee to do so for any beneficiary or beneficiaries, without risk of any justiciable complaint by a disappointed beneficiary (except in the case of actual fraud.) The Victorian Court of Appeal has put into question this settled law.  Until now, and even where a trustee voluntarily gives reasons for its decision, that discretion could only be challenged where the trustee had acted in bad faith and failed to give “real and genuine consideration” to exercising it. In Wareham v Marsella and Owies v JJE Nominees, the Victorian Court of Appeal has endorsed the contrary position: bad faith is not required to impugn the exercise of an absolute discretion, and failure to give “real and genuine consideration” to the manner and sufficiency of its exercise is. In this seminar these competing positions will be analysed. Mr Robertson suggests that these decisions ought not be followed in Queensland. He suggests the correct view is that a person acting in good faith may do as they like with their property, however unfair, unreasonable, or unwise, and can authorise a trustee to do likewise. The court can inquire into whether the absolute discretion was exercised upon the trustee in good faith having given “real and genuine consideration” to doing so, but cannot be concerned with how. In this seminar you will hear about : - The established law - The recent Victorian decisions and the circumstances when a disappointed beneficiary can litigate or a trustee can reverse its decision - Mr Robertson’s views as to where the Victorian Courts went wrong and why they should not be followed in Queensland - What can be done in drafting to carry into effect the settlor’s wishes   WHO SHOULD WATCH? This session will interest advisory and litigation lawyers with tax and succession law practices as well as those who are concerned with advising trustees of discretionary trusts generally.   PRESENTER Mark Robertson KC (Barrister, Level Twenty Seven Chambers) A preeminent King’s Counsel and Chartered Tax Adviser with an Australia-wide practice, Mark specialises in revenue and trust law. He provides complex advice to, and appears for, commonwealth and state revenue authorities, Australia’s leading corporate groups, high net wealth individuals, as well as foreign investors in relation to proposed and completed domestic and cross-border transactions (including in estate and family law contexts). MATERIALS This presentation was hosted as a live seminar/webinar. A video recording and transcript of the presentation are available here. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 stretches over half a millennium. Despite this, it continues to be tested by litigants and refined by the Court. An understanding of the modern doctrine is important if we are to properly balance the competing obligations of disclosure and confidentiality. In this seminar, you will hear about: the history of legal professional privilege and its modern application;the maintenance and waiver of legal professional privilege;recent developments concerning the abrogation of legal professional privilege.  Who should listen? The session will interest all commercial advisory and litigation lawyers, in-house counsel and their clients.   PRESENTERS Matthew Jones (Barrister, Level Twenty Seven Chambers) Matthew has fourteen years’ experience as a barrister, having previously been trained as a solicitor by market leading litigators. He is know for his strategic and commercial approach to litigation, spanning very substantial resources litigation to joint venture and business disputes. His practice focuses primarily on resources, building & construction, shareholder disputes, professional negligence and insolvency. He also has strong practices in insurance, intellectual property, banking & finance and property matters.   Jason Mitchenson (Barrister, Level Twenty Seven Chambers) Jason’s broad civil practice focuses on contract, equity, construction & infrastructure, competition & consumer and IP disputes. He is particularly experienced in arbitration. His clients include state entities, national manufacturers and resource companies, shareholders, property developers and company owners. MATERIALS The presentation was recorded as a live in person seminar/webinar. The video recording, PowerPoint and transcript are available here. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 it a helpful a refresher.   PRESENTERS Oliver Cook (Barrister, Level Twenty Seven Chambers) Oliver joined Level Twenty Seven Chambers from Herbert Smith Freehills, having worked in the firm’s Brisbane and Tokyo offices. He advises and appears for parties in a multitude of sectors, including franchising, insurance, consumer protection, construction, government and insolvency. Having worked on large-scale national and cross-border commercial disputes, including class actions and arbitrations, Oliver is familiar with heavy and complex cases involving the coordination of large teams of lawyers and experts in various jurisdictions, often requiring the adoption of eDiscovery, litigation databases and remote legal hearing technology. He is a contributing author to the LexisNexis publication Court Forms, Precedents and Pleadings Queensland and on the steering committee of ACICA45 which organises activities for early career professionals interested in arbitration.   Jayleigh Sargent (Barrister, 16 Quay Central) Following over six years working in disputes and insolvency at a boutique litigation firm and then a national firm, Jayleigh was called to the Bar in 2022. Her practice as a barrister centres on commercial, corporate and insolvency litigation, with particular experience in property and contractual disputes.   MATERIALS The presentation was recorded as a live seminar/webinar. The video recording, PowerPoint and transcript are published here. 'Preparing for Trial' was the first event. You can catch up here. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au

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 targeted at those up to PQE 5 years but more experienced lawyers will find it a helpful a refresh.   PRESENTERS Michael Trim (Barrister, Level Twenty Seven Chambers) Michael is a commercial law barrister. His blend of legal and strategic acumen stems from his experience as a solicitor, solicitor advocate and barrister on construction, infrastructure, insurance and property disputes for over twenty years. Prior to joining the Queensland Bar in 2009, Michael worked at top firms in Adelaide, Brisbane and London, including Clyde & Co and Clifford Chance in London. Michael represents national and international law firms, as well as major construction corporations, in all QLD’s courts and often in international arbitrations.   Tim Stork (Barrister, Lucinda Chambers) With over 17 years’ experience in planning, environment, compulsory acquisition and energy law, first as Senior Associate at what is now a global firm and more recently as Senior Legal Counsel and Acting General Counsel at Energy Queensland, Tim now practices as a client-focused barrister adept in providing user friendly and strategic advice to reach commercial and practical solutions. Tim appears in QLD’s Planning & Environment Court and Land Court for residential, retail and commercial developers, landowners, government agencies, and private clients. MATERIALS The original video recording, PowerPoint and transcript are available here. Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers. Want to join future seminars live, in person or online? Register your interest. Website: www.level27chambers.com.au