1 CPD point: Substantive Law
The seminar will explore in a practical way for the benefit of commercial lawyers the key features and the current state of the law in respect of claims for quantum meruit, where a contract for services provided is unenforceable or there is no discernable contract. The seminar will cover when and how a claim of quantum meruit will become available to a client, the benefits of quantum meruit claim, the potential hurdles, and the way in which the relief for the client may be awarded under a quantum meruit claim. Particular attention will be paid to construction matters.
Key Points to be covered
a. The failure of contract - when and how can a client claim in quantum meruit for services rendered including construction matters;
b. The key exchanges of promises to look for between the client and the non-paying parties;
c. Building the case - evidence gathering necessities relating to works completed, requests for works, agreement as to scope and costs, communications between the parties;
d. The essential elements of a quantum meruit claim;
e. Relief for the client – what the client can expect to recover and how it is assessed.
About our presenter
Joseph is a Commercial Barrister practising in Clarence Chambers in Sydney.
He practises principally in all commercial matters, as well as consumer law, defamation matters, planning and environment matters, trust matters and mediation.
He appears regularly in all State and Federal jurisdictions in injunctions, interlocutory matters and trials.
Joseph provides pre-litigation advices to solicitors in relation to prospects of success and evidence, as well as the drawing and settling of pleadings and providing strategic litigation advice as a matter progresses to trial or settlement. He also provides advices on narrow and complex points of law.
He has Undergraduate and Masters Degrees in commercial law, economics, and planning. He is a member of the NSW and Queensland Bar Association and a Nationally Accredited Mediator.
He regularly presents commercial law topics at Legalwise Seminars, Australasian Lawyer Masterclasses and to his colleagues in Clarence Chambers.
He has written a number of research papers in construction law, consumer law, contract law, insolvency law and taxation.
Lunch included complimentary for all attendees.
The CPD scheme is based on self-assessment of the educational activity by the practitioner. If you find it extends your knowledge and skills in areas that are relevant to your immediate or long term needs in relation to your professional development and practice of law then you can claim the activity for CPD units. You should refer to Rule 7 for the criteria in assessing an activity and Rules 8 and 9 for the amount of units that can be claimed for an activity.