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BAQ Workshops Nuku’alofa Tonga – 5-8 November 2024

The Trainers

There were seven trainers being: Justice Catherine Muir, Andrew Crowe KC (Team Leader), Matthew Brady KC, Erin Longbottom KC, Holly Blattman KC, Dr Joe Crowley and Reimen Hii .

Commercial Litigation Workshop – 5 – 7 November 2024

28 local practitioners participated in the Workshops including government lawyers working at the Attorney General’s Office and elsewhere. The split was approximately 50% private practitioners and 50% government lawyers.  The trainees included the Attorney General Ms Linda Folaumoetu’i, the Solicitor General Sione Sisifa and the President of the Tonga Law Society Alyssa Kafoa.

The Lord Chief Justice Malcolm Bishop KC generously made Court rooms one and two available for the Workshops.   The Lord Chief Justice was to open the Workshops however was called away to a conference in Fiji and could not attend.  In his stead the Workshops were opened by Justice Nicholas Cooper.  Justice Catherine Muir also spoke at the opening of the Workshops.

Day 1 and the morning of Day 2  were devoted to lectures and in particular to preparing the trainees for the practical advocacy Workshops.  In the afternoon of Day 2 the trainees participated in an Interlocutory Injunction exercise.  All trainees appeared either for the Applicant or the Respondent.  They were broken up into two groups.  One with Justice Muir presiding (Court 1) and one with Erin Longbottom KC presiding (Court 2).

Day 3 was a day devoted entirely to examination-in-chief and cross-examination.   Again the trainees were broken up into two groups.  All trainees enthusiastically participated in the exercise and the standard was good.

Donation to Tonga Law Society

After Day 3 of the Workshops trainers attended at the Tonga Lawy Society premises and made a donation of second-hand wigs, jackets and robes (some new jackets and robes contributed by Ludlows) to the Society to be made available to local practitioners. Tonga has a strict robing Practice Direction for Court and of course not all practitioners can meet the cost of complying with that Practice Direction.  
The Government Lawyers Workshop – Day 4 

After lectures in the morning the afternoon was devoted to the third advocacy exercise – conducting an ex parte Application for leave to bring a Judicial Review Application.   The trainees were once again broken up into two groups and all participated in the exercise.  It was interesting to see the clear improvement in advocacy of the less experienced advocates when compared to earlier in the week.  The standard of advocacy was good.

Closing Function

We held a closing function at the Tanoa Hotel (where we were staying) from 4 pm – 6.00 pm on the Friday.  Those attending the function apart from the trainees included the High Commissioner for Britain, Justice Nicholas Cooper, Justice Petunia Tupou KC, Magistrate Kaufusi, Attorney General Ms Linda Folaumoetu’i, the Solicitor General Sione Sisifa and the President of the Tonga Law Society Alyssa Kafoa.

The Bar Association of Queensland contributed in part to the cost of this function.  

Thank you  

The Workshops were able to proceed because of the “on the ground” support in Tonga from Justice Petunia Tupou KC (the Acting Lord Chief Justice until only recently), the Attorney General Ms Linda Folaumoetu’i and the immediate past president of the Tonga Law Society Lopeti Senituli.  During the Workshops this assistance was added to by the support of the Solicitor General Sione Sisifa and the President of the Tonga Law Society Alyssa Kafoa. 

Thank you to the Pacific Justice Sector Programme (NZ funded), the Australian Bar Association, the Law Council of Australia and the Bar Association of Queensland for your support. 

2-6 September 2024, BAQ 12th Commercial Litigation Workshop to be conducted at the Legal Training Institute, Port Moresby

From 2 – 6 September 2024 the BAQ conducted the 12th annual Commercial Litigation Workshop at the Legal Training Institute Port Moresby. The training team taught 92 recently graduated law students all of whom completed the week-long workshop.

The workshop was officially opened by the Chief Justice Sir Gibbs Salika. Justice John Logan RFD (an Australian Federal Court Judge and a part-time judge of the Supreme Court of PNG) attended for the week to assist the trainers as did Judge Bernard Porter KC (as a trainer – he is a former member of Northbank Chambers).

11 barristers travelled to Port Moresby to conduct the training with 4 being members of Northbank Chambers:  Andrew Crowe KC (Team leader), Mark Steele KC, Max Walker and Jane Menzies.

The other trainers were  Holly Blattman KC, Joseph Crowley, Liam Dollar, Fiona Lubett, Salwa Marsh, Genevieve Yates and Sarida McLeod.

On 3 September the group attended a CPD event (300 PNG practitioners in attendance plus more on-line) and Logan J and Andrew Crowe KC presented.  On 5 September the group attended a function at the Australian High Commissioner’s residence and Andrew Crowe KC thanked the Australian Government for its continuing, generous financial support of the workshop.

4-8 September 2023, BAQ 11th Commercial Litigation Workshop conducted at the Legal Training Institute, Port Moresby

Andrew Crowe KC led a team of twelve trainers including Max Walker and Jane Menzies from Northbank Chambers to the LTI to train the students.

5 September 2023, PNG Continuing Legal Education: Mediation & Commercial Law, Grand Papua Hotel, Port Moresby

Andrew Crowe KC presented a paper on Advocacy in Mediations to PNG practitioners.

25 July 2023, Criminal Sentencing - a Practitioner’s Guide (Virtual)

This workshop was organised by the South Pacific Region CLE Committee (Chair: Andrew Crowe KCMark Steele, Member).

Approximately 50 people participated in the workshop from the Cook Islands, Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu.

5-9 June 2023, Intensive Advocacy Course, Nauru

Max Walker co-presented the Nauru Advocacy Intensive Workshop in Nauru as a guest of the Department of Justice. The course delivered foundational advocacy training to new legal practitioners and was delivered on behalf of the Queensland Bar Association.

March 2023, SMALL BUSINESS RESTRUCTURING: A review of the Corporations Act’s provisions to adjourn winding-up applications following entry into the SBR process, ARITA Journal

Philippa Ahern wrote an article: Small Business Restructuring: A review of the Corporations Act’s provisions to adjoun winding-up applications following entry into the SBR process, published in the ARITA Journal (Volume 34 #04)

5-7 December 2022, Commercial Litigation Workshop, Cook Islands

Justice Melanie Hindman (formerly of Northbank Chambers), Andrew Crowe KC and Mark Steele KC (Northbank Chambers) and Holly Blattman KC travelled to the Cook Islands to present a 2 day workshop to local practititioners and then a 1 day workshop to Crown Law officers. These workshops were funded by the Law Council of Australia.

These workshops were made possible because of the generous support of the Law Council of Australia (meeting the costs of economy airfares and accommodation).

14 October - 15 October 2022, BAQ Annual ADR Conference, Sheraton Gold Coast

Andrew Crowe KC presented a paper on negotiation techniques in commercial mediations. Philip Tucker presented a paper on mediations in class actions.

6 October 2022, BAQ Pacific Region Education Committee, - The advocate’s treatment of vulnerable witnesses – a practical perspective

On 6 October 2022 the Bar Association of Queensland conducted (by zoom) a two-hour workshop on advocates dealing with vulnerable witnesses in criminal proceedings.

This workshop was organised by the South Pacific Region CLE Committee (Chair: Andrew Crowe KC – Mark Steele, Member).

Approximately 250 participated in the workshop from the Cook Islands, Fiji, Kiribati, Nauru, New Zealand, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu.

Earlier seminar topics

  • Negotiation Techniques in Commercial Disputes: "How to" Guide

  • Appeals - A Practical Approach to instituting, preparing for and appearing in an Appeal

  • Lay Witness Evidence

  • 7th Annual Intellectual Property Law Review Seminar

  • Trustees’ applications for judicial advice

  • BAQ Annual ADR Conference 

  • The Rules in Jones v Dunkel and Browne v Dunn in Civil Trials 

  • Taking back the contract works – termination and step in rights

  • Issues regarding liquidated damages – penalty v. genuine pre-estimate of loss; LDs v. general damages

  • Expert Evidence

  • Security for Costs (with focus on FCA)