Wednesday, 19 June 201919 Jun 2019 9:00am - 19 Jun 2019 12:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
This event is chaired by:
Guy Gilbert SC, Barrister, Victorian Bar
Case Preparation at the AAT – Strategies, Techniques and What to Avoid When Representing Clients
The AAT reviews a wide range of decisions made under Commonwealth laws, including FOI Requests, Taxation, Workers Compensation, Child Support, Migration and Refugee decisions and the National Disability Insurance Scheme. These decisions often affect disadvantaged and vulnerable people and the representation required of each individual can be unique and challenging.
This session will take you through key strategies and practical tips for preparing a Review at the AAT. You will also be guided on the do’s and don’ts when representing your client more generally in this jurisdiction.
Including a case update, this is a unique opportunity not to be missed.
Presented by: Renee Sion, Barrister, Victorian Bar
Appeals and Rights in the AAT – Your Options Are Limited
If a party is aggrieved by a decision of the AAT there is limited avenue for appeal from the AAT to the Federal Court.
This session will guide you through the process of appealing AAT decisions to the Federal Court including:
- Proper basis for appeal;
- Likelihood of Final or Interlocutory Appeals;
- Relevant timelines;
- Drafting essential documents for appeal process;
- Costs consequences for parties;
- Stay Orders and consequences for your client, particularly in relation to Workers Compensation Claims.
A must for all those practising in the AAT jurisdiction.
Presented by: Julie Zhou, Barrister, Victorian Bar
The Current State of Administrative Law and Judicial Review in Australia
This session includes a case update and is presented by an esteemed panel. Our presenters will delve into the current state of Administrative Law, Judicial and Merits based Review, and the role of the AAT.
Topics to be discussed include:
- Procedural fairness principles dealt with by the court versus limitations on procedural protections introduced by parliament (especially in the context of migration law cases);
- Is it fair for the independence of the Tribunal to be called into question when Members are appointed by the current Government, without community consultation?
- The limits and challenges of administrative law and judicial decision making;
- Administrative law and the future – Dark or bright?
This is a not to be missed session.
Presented by: Lisa-Maree Lo Piccolo, Barrister, Victorian Bar
Mary Cameron, Legal Practitioner, Mary Cameron
Georgina Costello, Barrister, Victorian Bar3.0$390.00
Thursday, 20 June 201920 Jun 2019 9:00am - 20 Jun 2019 4:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Early bird price available until Friday 31 May: $695 (incl. GST)
Full Price: $725 (incl. GST)
Psychiatric Injury and Nervous Shock – The New Duty of Care
One of the cornerstones of any personal injury case rests on two key issues; was a duty of care owed by the defendant and was that duty of care breached?
This session will look at recent cases and issues surrounding an emerging area of ‘duty of care’ owed by employers and insurers including:
- A journalist working for The Age, awarded damages after suffering psychiatric injuries due to repeated exposure to traumatic events (YZ (a pseudonym) v The Age Company Ltd  VCC 148); and
- A Senior Constable in the Queensland Police Force, awarded damages after suffering psychiatric injury after attending and witnessing the aftermath of a car accident (Caffrey v AAI Limited  QSC 7).
A must attend session for all personal injury practitioners.
Presented by: Henry Carus, Principal and Accredited Personal Injury Law Specialist, Henry Carus + Associates
Workers Compensation and Liability – Your 2019 Ultimate Case Update
Are you up to date with the latest decisions in workers compensation and liability over the past 12 months? This session will provide an overview of the most significant cases up to June 2019 including:
- Best Bar Pty Ltd v Warn  WASCA 15;
- Osborne Park Commercial Pty Ltd v Miloradovic  WASCA 17;
- Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care  NSWCA 330;
This is your essential case update.
Presented by: Michel Margalit, Partner, Le Grand Margalit Lawyers
Expert Witnesses and Medico-Legal Reports In Personal Injury Proceedings – Have You Done Your Homework?
It is essential in every personal injury case to obtain a proper expert medico-legal report to support your client’s case. It is critical however that prior to your client meeting your expert, whether that be a surgeon or otherwise, you ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, to ensure a full and frank assessment.
If your witness is not provided with a full brief of evidence including medical records, employment history and witness statements, your expert report may be advantageous in the short term but falter if further documents come to light which counter claims made by your client.
Along with a case update, this session will provide an in-depth guide of best practice and steps to follow when preparing to contact and brief an expert for a new client.
Presented by: Damian Clarke, Principal and Accredited Personal Injury Law Specialist, McInnes Wilson Lawyers
TAC Case Update and New Developments
TAC Compensation claims continue to become more complex. This session will discuss recent developments and the most recent cases of significance, including the Serious Injury List Case Update.
As the need to stay ahead of the pack has never been greater, this session is your essential TAC jurisdiction update.
Presented by: Geraldine Collins, Principal Lawyer and Accredited Personal Injury Law Specialist, Maurice Blackburn Lawyers
Contributory Negligence – Pointing The Finger
The concept of contributory negligence exists throughout all Australian jurisdictions albeit with some slight variations. When coming to a finding of contributory negligence, this will be decided on a case by case basis.
The complexities and variations involved in these matters were highlighted in the following two cases, both involving intoxicated plaintiffs with substantially different outcomes:
- McConnell v Cosgrove  QDC 139; and
- Allianz v Swainson  QCA 136.
This session will look at the key issues and factors taken into consideration surrounding contributory negligence, as well as a key case update.
Presented by: Emily Anderson, Barrister, Victorian Bar
Driverless Versus Traditional Cars – When The Future Arrives, Who Is Liable?
The issue of whether driverless cars will become a reality is fast becoming a question of not ‘if’ but ‘when’. While it may not be tomorrow, there are very real questions which must be answered and addressed sooner rather than later, the least of which is, liability. What will happen if a driver or passenger is injured or killed by a driverless vehicle?
This session will discuss topics including:
- The legal issues and concerns that automated vehicles raise;
- The National Transport Commission’s current discussion paper on motor accident injury insurance and automated vehicles; and
- Just how far behind our laws and legislations are, and will be in anticipation of this rapidly advancing technology.
Presented by: Tamara Wright, Lawyer, Maurice Blackburn Lawyers
Common Law Damages, Costs and Maximising Fee Recovery
Unlike other practice areas, when a practitioner is seeking to recover costs in common law damages claims under the Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013, the court adopts a compulsory supervisory role to review and approve the recovery of solicitor / client costs.
This session will provide you with an update on significant issues relating to legal costs relevant to our practice area including:
- Up to date cases related to legal costs and provide guidance on their practical application;
- Jurisdictional difference between Supreme and County Courts relating to costs, forms, affidavits and applications;
- Assessments of costs;
- Expert and Recovery of costs.
Don’t miss this important session to maximise your fee recovery!
Presented by: Penelope Robertson, Costs Lawyer / Principal, Ethical Costing & Legal Services
Advocates Immunity or File Notes – Your Essential Risk Management Guide
Following the recent case of Kendirjian v Lepore  NSWDC 43, the High Court found that the principle of advocates immunity ‘does not extend to negligent advice which leads to settlement of proceedings’.
This session will discuss the common risks and mistakes faced by personal injury lawyers and the best way you can avoid a claim being made against you or your firm. It will also discuss the case above and key takeaway lessons.
Presented by: Emily Hayden, Partner, Accredited Personal Injury Law Specialist, Moray & Agnew6.0$695.00Early Bird Price Available - Expires 31 May 2019! Filling Fast!