5:30 pm on Monday 19th October, 2020
What did the seminar cover?
Appeals are characterised by a tension between two competing considerations. On the one hand, appeals serve an important public and private function in correcting errors by trial judges. On the other, appellate courts must be cognisant of their natural limitations and must give due respect to the advantages enjoyed by trial judges. How this dichotomy between appellate obligation and appellate restraint is resolved determines not only how appellate courts decide appeals, but also how counsel argue appeals.
Attendees joined an English Court of Appeal judge and experienced counsel in a discussion of the diverging approaches to this issue taken by Australian and English law.
Topics of discussion included:
- The functions of the Queensland Court of Appeal and the English Court of Appeal
- The standard of appellate review applicable to four types of first instance decision
- The differences between Australian and English law
- Whether Queensland v Masson  HCA 28 would have been decided differently in the UK
Who should attend?
All law practitioners, but particularly commercial lawyers, litigators and their clients.
Discussion Chair: Roger Traves QC (barrister, Level Twenty Seven Chambers)
Our session Chair has appeared as counsel on numerous Court of Appeal cases across a spectrum of commercial cases, most recently State of Queensland v Masson which went to the High Court.
UK perspective: Sir Richard McCombe (Lord Justice of Appeal, Court of Appeal of England and Wales)
Chambers warmly welcomes our guest speaker. Richard was a practising barrister in the UK from 1975 until his appointment to the High Court of England and Wales in 2001. He was Presiding Judge of the Northern Circuit 2004-7 and appointed a Lord Justice of Appeal in 2012.
Australia perspective: Mohammud Jaamae Hafeez-Baig (barrister, Level Twenty Seven Chambers)
Jaamae is a talented commercial and public law barrister. He recently returned to Australia from Oxford University where he completed his Bachelor of Civil Law (with Distinction).
To reserve a place for the event on Monday 19 October 2020 1730 QLD Summer time, please register through the form below. The webinar login details will be sent to those registered to attend 24 hours before the start.
A key list of citations referred to by the speakers is published below.
- Press the 'play' button on the video thumbnail below.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.