Disputes Summit Australia 2022

The Disputes Summit Australia will bring together leading practitioners and in-house counsel from across the country to discuss, among other things, the ever-evolving role of GCs at a time of international volatility, as well as changing regulatory landscapes. Panel discussions will range from corporate crime to cross-border recovery, including enforcement of foreign judgments. Attendees can expect high-profile speakers, plenty of time for debate and discussion, and networking drinks to end the day.

Agenda

1.00pm: Registration and Lunch
2.00pm: Opening remarks

2.10pm: Net zero or bust: litigation arising from greenwashing, and from failures in the assessment, mitigation and disclosure of climate risks.
While the major focus in climate litigation has been on class actions seeking to force major emitters to reduce emissions, and governments to control emissions, for most companies their exposure is more closely connected with the decisions they make about responding to climate risks, what they disclose about those risks, and the way that they characterise their own climate ambitions. In this seminar we examine the types of claims that will be made as climate change risks continue to materialise, and what can be done to avoid them.

Speakers
Sue Lacey, principal – climate change and energy, Point Advisory an ERM Group Company
Andrew Korbel, partner, Corrs Chambers Westgarth
Chris Pagent, head of class actions, Corrs Chambers Westgarth
Mark Wilks, head of commercial litigation, Corrs Chambers Westgarth
Michaela Morris, director of climate change strategy, Ndevr Environmental

3.00pm: Litigation management, and what to do when things go wrong
Few processes are as complex, dynamic, and unpredictable as litigation. Litigation can present in-house counsel with situations and outcomes which are not always foreseeable, even with the most comprehensive and detailed of contingency plans.

In this session, we will discuss strategies that in-house counsel can employ when things go wrong or lead them into unchartered waters, and how to optimise litigation management in general. We will speak about the best times to use external counsel, how to manage internal, as well as external, communications, crisis management strategies to optimise the legal and reputational outcome for the organisation, as well as how litigation costs can be taken off the balance sheet.

Speakers
Trevor Withane, founding partner, Ironbridge Legal
Michael Guilday, general counsel, Sydney Fish Market
Anne Lock, general counsel, Bosch

3.50pm: Coffee break

4.05pm: Navigating the cybercrime landscape for GCs
Cybercrime is on the rise and will increasingly become a critical risk for most Australian businesses and governments. Cyber incidents can result in significant financial and reputational harm, disrupt business operations and open the door for future attacks. GCs are expected to play a critical role in responding to cyber incidents, including addressing the loss of key data, legal and regulatory disclosures and penalties, and reputation management.

During this session, our panellists will discuss:

• cybercrime trends;
• ransomware;
• cryptocurrency and tracing;
• security of critical infrastructure; and
• the role of GCs in preparing for and responding to cyberattacks.

Speakers

Jason Munstermann, partner, Sydney, McCullough Robertson
Scarlet Reid, partner, Sydney, McCullough Robertson
Shane Bell, partner, McGrathNicol
Sarah Lattimer, general counsel and company secretary, I-MED Radiology Network

4.55pm: Caught in the cross-hairs: senior management and board members in the firing line
Regulatory investigations or other allegations may put senior management or board members at risk of potentially being the subject of adverse findings or even prosecution.

Our panellists will address issues that arise in internal investigations, public scandals and commissions of inquiry where senior management is implicated.

Speakers

Domenic Gatto, partner, Melbourne, King & Wood Mallesons
Alex Morris, partner, Sydney, King & Wood Mallesons
Moira Saville, partner, Sydney, King & Wood Mallesons

5.50pm: Closing remarks
6:00pm: Drinks and canapes
7.00pm: Event concludes

Speakers

Shane Bell, partner, McGrathNicol
Shane Bell is passionate about the intersection of technology, information and risk and for the last 20 years has specialised in managing cybersecurity and information risks in often challenging and sometimes highly stressful situations, including many large, complex and high profile cybersecurity and forensic assignments.

Shane applies the depth of his experience in the ‘front end’ of cybersecurity, helping clients build and execute cyber strategies that aim for resilience; to protect information and systems through the effective use of good cybersecurity and risk management techniques.

Domenic Gatto, partner, Melbourne, King & Wood Mallesons
Domenic Gatto specialises in assisting clients manage strategic legal risks. He also acts in complex commercial disputes and significant investigatory investigations. Domenic undertakes independent investigations for boards and senior executives, and represents clients who are facing regulatory or government investigation. Domenic is widely acknowledged in the legal market for his book of high-profile clients and high-stakes risk management and litigation mandates. He is regularly retained to act in significant ‘bet the company’ litigation, providing strategic advice to general counsel, senior management and boards. He specialises in guiding large corporates through the legal, regulatory, stakeholder and reputational risks which arise when are confronted with major crises, regulatory investigations and large commercial disputes, including class actions.

Michael Guilday, general counsel, Sydney Fish Market
Michael is general counsel at Sydney Fish Market. In this capacity, Michael is responsible for providing legal support for significant transactions and supporting strategy for the business, including by providing legal advice and working collaboratively across the organisation.

Andrew Korbel, partner, Corrs Chambers Westgarth
Andrew is an experienced litigator and has been a trusted advisor to both the private sector and government for more than 20 years. He works with clients to resolve complex and high-value commercial disputes, and protects their interests in inquiries and investigations, including by acting for senior executives and directors in their dealings with regulators. Andrew has closely followed, and written and presented widely on, climate litigation, globally and in Australia, as it has developed and transformed over recent years.

Sue Lacey, principal – climate change and energy, Point Advisory an ERM Group Company
Sue Lacey has extensive experience consulting on a range of sustainability, climate change and ESG related issues. She has a passion for developing and implementing sustainability polices and strategies in a way that adds value to an organisation, the environment, and society as a whole.

Sue understands the challenges associated with climate change and energy and the need to transition to a low carbon economy, which presents both business risks and opportunities.

She has experience in sustainability reporting and the ways in which progress and outcomes can be translated into meaningful disclosures, contributing to business value.  She understands external stakeholder expectations, evolving regulatory requirements and best practice reporting frameworks (such as TCFD).

Sarah Lattimer, general counsel and company secretary, I-MED Radiology
Sarah is general counsel and company secretary at I-MED Radiology Network, and until recently was also I-MED’s privacy officer.

The I-MED Radiology Network is Australia’s largest diagnostic imaging provider, operating in over 240 clinics throughout Australia, covering major metropolitan areas and significant parts of regional Australia. Each year around seven million patient procedures are performed by I-MED across Australia making it a custodian of a large volume of health data.

Sarah has overseen the implementation of cutting edge technology and operational processes at I-MED, including to protect against and respond to cyber-attacks and protect the highly sensitive information it holds in relation to millions of Australians.

Sarah is a fellow of the Governance Institute of Australia and a graduate member of the Australian Institute of Company Directors.

Anne Lock, general counsel, Bosch
Anne Lock is general counsel of legal services at Bosch in Australia and New Zealand. Prior to working in-house, Anne had  trial practice and criminal law advocacy experience, followed by commercial litigation at a top tier law firm practice.  In global organisations since 2001, Anne has been involved in the industries of energy and resources, engineering, manufacturing, consumer product retailing, and technology development. Anne has first-hand experience in the ‘hot seat’ of complex multi-party litigation, dawn raids, emergency responses and investigation notices. Competition and consumer law is of particular interest, with international learning opportunities at American Bar Association antitrust summits, and competition workshops in Europe and Asia. Anne has a passion for training and supporting colleagues at all levels on how to best prepare and manage through adversity, while under legal or regulatory scrutiny. Anne trains and facilitates senior lawyers in the Leadership and People Management module of a leading Legal Practice Management Course, a statutory requirement for obtaining a Principal practising certificate in Victoria.

Alex Morris, partner, Sydney, King & Wood Mallesons
Alex is one of Australia’s leading complex commercial litigation and regulatory inquiry partners. Having acted on a variety of high-profile matters in recent years, he regularly provides strategic advice to executive management and boards of listed companies and major financial intermediaries on significant corporate and commercial litigation, regulatory inquiries and parliamentary hearings, with a particular focus on financial services, governance issues and white-collar misconduct.

Michaela Morris, director of climate change strategy, Ndevr Environmental
Michaela is a director of climate change strategy with Ndevr Environmental. She is an expert in government and corporate climate change strategy and risk assessments and is trained and experienced in GHG accounting (ISO 14064) and sustainability reporting in line with GRI, UN SDG, UN Global Compact, CDP and other frameworks. Her previous involvement in international climate change policy, low carbon and sustainable development provides a solid foundation to assist Australian business in the areas of climate change strategy and risk management. Michaela manages climate impact and risk assessments for Ndevr Environmental clients in highly exposed industries and advises on appropriate risk governance structures, performance metrics and targets, as well as strategic management and public reporting in line with the TCFD recommendations. She holds a masters in environment from the University of Melbourne, focused on climate change and a Masters in political communication and public affairs from the Ludwig Maximilian University of Munich.

Jason Munstermann, partner, McCullough Robertson
Jason is a member of McCullough Robertson’s executive leadership team and is the head of the firm’s Sydney office. He has nearly 30 years’ experience in commercial litigation and regulatory investigations.

Jason acts for some of Australia’s largest corporations and government entities operating across a broad range of industries. For the last 15 years, Jason has been increasingly advising clients in relation to preparing for and responding to cyber attacks and cyber fraud, including acting for the Commonwealth Australian Signals Directorate and the Australian Cyber Security Centre.

Chris Pagent, head of class actions, Corrs Chambers Westgarth
Chris focusses on bet-the-company litigation. He specialises in class actions, securities litigation, white collar, product liability and property claims. He regularly acts for leading financial services institutions, disclosing entities, international manufacturers, public instrumentalities, professional service providers, and c-suite officers.

Scarlet Reid, partner, McCullough Robertson
As a former senior prosecutor with over 15 years’ experience working in large commercial law firms, Scarlet has a unique combination of deep criminal law expertise and commercial law firm experience. This enables her to provide practical, insightful and commercial advice to corporations and officers who are facing investigations or enforcement in relation to alleged criminal conduct.

Scarlet frequently assists her clients with investigations, inquiries and litigation related to workplace misconduct, including allegations of fraud, corruption and discrimination and represents clients in a myriad of federal and state courts and tribunals.

Scarlet is the chapter leader of the Australian branch of the Women’s White Collar Defence Association, which is a global network of women who practice in the area of corporate crime.

Moira Saville, partner, Sydney, King & Wood Mallesons
Moira is a partner in King & Wood Mallesons Sydney office and has a tremendous track record as a litigator resolving complex disputes and leading class action defences. Moira has over 20 years’ experience specialising in dispute resolution in the areas of professional and public liability, financial services and royal commissions / special commissions of inquiry, as well as providing strategic advice on client’s legal risks.

Mark Wilks, head of commercial litigation, Corrs Chambers Westgarth
A leading litigator who is involved in some of the most valuable litigation in Australia involving assets worth billions of dollars, Mark has more than 20 years’ experience in ‘bet the company’ disputes, and is recognised as a market leader in this area.

His practice primarily focuses on financial services and resources, while his experience also spans a range of other areas including class actions and media. He has also been involved in some of Australia’s largest insolvencies, advising banks, investors, creditors, trustee companies, directors and insolvency professionals.

Trevor Withane, principal, Ironbridge Legal
Trevor Withane is the founder and principal of Ironbridge Legal, and is a highly-regarded commercial litigator and insolvency lawyer with deep experience in his areas of practice. Trevor started his legal career at global elite firm, Allen & Overy LLP, where he trained and spent several years advising clients in connection with complex disputes, regulatory and insolvency matters, often straddling more than one jurisdiction. Before moving to Australia from the UK, Trevor was a barrister in London, acting for corporates and high-net-worth individuals in complex commercial litigation in the High Court.

Agenda