Talking, Talking

I have a couple of talks this coming week, in Adelaide on Wednesday and then in Brisbane on Thursday.

The Wednesday talk is on indemnities, with the snappy title of Drafting Indemnities: Getting the Details Right. The session is part of a day run by Legalwise seminars – I suspect most people will be there because of the need to earn CPD points.

More fun will be the session in Keating 2015Brisbane on Thurday, where I will be joining my colleagues from my London chambers – Keating Chambers – Marcus Taverner, Adam Constable and Jennie Wild at a SoCLA event, debating the impact of Cavendish v Makdessi and other recent cases. It will take the form of a sort of debate, Jennie setting the scene, then Adam suggesting that not much has changed, and then me suggesting that the revival and expansion of the doctrine of relief from forfeiture might well be really quite a big change. I have already set out my stall on this, and my article on the topic will shortly be published in Construction Law Journal. According to my fellow director at SoCLA, Sean Brady, who is i/c events, “we now have 106 registrations! And we’ve managed to attract the ‘who’s who’ of construction people in Brisbane. It will be a cracker of an event.”

The flier is thus:

Thursday 10 March 2016

5.15 pm for 5:30 pm start


Queensland Law Society

Level 2, 179 Ann St, Brisbane  


Marcus Taverner QC, Keating Chambers

Adam Constable QC, Keating Chambers

Robert Fenwick Elliott, Keating Chambers

Jennifer Wild, Keating Chambers


will present on the topic of:

Makdessi and the Australian penalties doctrine

A consideration of recent decisions in England & Wales and Australia, including Cavendish Square Holdings v El Makdessi [2015] 3 WLR 1373, Andrews v ANZ Banking Group Ltd (2012) 247 CLR 205 and Paciocco v ANZ Banking Group  (2015) 321 ALR 584.

Marcus Taverner QC is one of the leading silks in the field of construction and engineering; professional negligence and energy law. He has an extensive advisory practice and a formidable reputation as an advocate and in particular a cross-examiner. He is well known not only for his considerable strategic acumen and understanding of the commercial aspects of litigation but, in particular, for his mastering of the technical detail of the many complex and high value cases he undertakes. He regularly appears as advocate in the Technology and Construction Court, Commercial Court, the Court of Appeal, the Supreme Court and before Domestic and International Arbitration panels. He was awarded Chambers & Partners’ “Construction Silk of the Year” in 2009 and 2015. Marcus is currently Head of Keating Chambers.

Adam Constable QC is described as ‘the leading construction lawyer of his generation,’ (Chambers and Partners, Global 2013). He specialises in onshore and offshore construction, engineering, energy, shipbuilding and technology disputes along with professional negligence and insurance claims related to these sectors. His client base is both domestic and international, and he has extensive experience appearing in the UK Courts (TCC, Commercial Court and Court of Appeal), and representing multi-national clients in front of Tribunals constituted under numerous international arbitral rules, including ICC, LCIA, SIAC, DIAC, UNCITRAL, SCC and LMAA. Industry commentary notes Adam’s reputation for his mastery of complex factual and technical detail, devastating advocacy with a client-friendly approach. Adam is the General Editor of the new title, Keating on Offshore Construction and Marine Engineering (published September 2015).

Robert Fenwick Elliott founded what is now Fenwick Elliott LLP and was senior partner of that firm in London for over 20 years. In 2003, he moved to Australia, where he is now based. He was admitted as a lawyer in New South Wales in 2006, as a legal practitioner in South Australia in 2007, and as a solicitor and barrister of the Australian Federal Court in 2008. Having initially practised as a partner in his Adelaide-based firm Fenwick Elliott Grace, he went to the independent bar in 2013, joining Keating Chambers in 2014 as an International Member. Since qualification, Robert has practised as a specialist in construction, engineering and energy law. He has a wealth of experience in the resolution of many disputes involving in aggregate many hundreds of millions of dollars and involving work in many jurisdictions. He has particular expertise in intermediate dispute resolution process, and also acts as a mediator, adjudicator and dispute board member.

Jennie’s practice includes energy, construction, engineering, professional negligence and associated insurance disputes. She has experience of heavy, complex and high value claims in international arbitration and the TCC. Jennie also advises in her own right and regularly appears as sole advocate.  She is a contributing editor of the Construction Law Reports, Keating on Construction Contracts and Halsbury’s Laws. Jennie’s recent experience includes: a $127m ICC arbitration relating to an Australian LNG project; $2b ICC arbitration arising out of the termination of a hospital project in the Gulf; a TCC trial concerning an on-shore gas pipeline; an emergency injunction seeking the withdrawal of a call on a €24m bond relating to a Middle Eastern low-density ammonium nitrate facility. Before coming to the Bar, Jennie worked in Australia, at the Victorian Government Solicitors Office and for Justice Hargrave of the Supreme Court of Victoria.

This event is free of charge. Feel free to distribute the flyer amongst your colleagues.
To book, RSVP Sheree by 8 March 2016 to:

2 thoughts on “Talking, Talking

  1. Sean Brady tells me that:
    “we will be live tweeting from our SoCLA event this week…Feel free to join the conversation from about 6pm (Bris time) at @SCLAust and #soclaElMakdessi”.

  2. BTW Views vary as to what to call this case. I call it Cavendish. My colleagues in chambers call it Makdessi. In argument in the High Court in Paciocco last month (still awaiting judgment there) they called it Cavendish or Cavendish Square. Twitter, it seems, calls it ElMakdessi.
    Nobody seems to be calling it ParkingEye, which would give it bit more of an 007 feel.

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