Appeals: When is a Trial Judge “Wrong”?

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 will join 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 include:

• 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 [2020] HCA 28 would have been decided differently in the UK

Who should attend?

All law practitioners, but particularly commercial lawyers, litigators and their clients.

PRESENTERS

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.

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).

VENUE

Webinar

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.