CPD Programs

VCAT – Powers, Practice & Procedure 

This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

Finally, the degree of formality involved in proceedings before VCAT varies considerably.

This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

Presented by: Suzanne Kirton, Senior Member, Victorian Civil and Administrative Tribunal

VCAT Evidence 

Prepare and Presenting the Evidence:

Practitioners must be aware of how to deal with documents and other forms of evidence before VCAT.

This session will discuss everything you need to know when preparing and presenting your next case at VCAT to ensure you’re fully prepared to put your best evidence forward whilst remaining attentive of the unique practical and evidentiary consequences in this jurisdiction.

Expert Evidence:

This session will outline the rules and regulations for Expert Evidence in VCAT and will cover topics including:

• The standard of proof test at VCAT;
• What is the duty of an expert witness to the Tribunal?
• What must an expert evidence report include;
• Service, filing and format of an expert evidence report;
• How expert evidence is given at a hearing including concurrent evidence?;
• What happens if the expert witness changes his or her opinion?;
• How is expert evidence given at a hearing?;
• What is required from the expert when directed by the Tribunal for an ‘Expert Conclave’ and ‘Scott Schedule’;

And more!

Presented by: Eric Riegler, Deputy President, Victorian Civil and Administrative Tribunal

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 [2019] 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 [2019] 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 [2019] WASCA 15;
• Osborne Park Commercial Pty Ltd v Miloradovic [2019] WASCA 17;
• Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330;

and more.

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 [2017] QDC 139; and
• Allianz v Swainson [2011] 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 [2019] 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 & Agnew