• May 2019

  • Monday, 27 May 2019
    27 May 2019 9:00am - 27 May 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical workshop is designed for practitioners working in litigation. This unique one day course includes discussion of the key elements to managing and using evidence in litigation.
     
    The following topics are covered:
    • Admissible Evidence
    • Circumstantial and propensity evidence
    • Proof of documents
    • Expert evidence
    • Privilege and self-incrimination
    • Credibility
    • Hearsay
    • Evidence gathering via Social Media

     

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Thursday, 30 May 2019
    30 May 2019 9:00am - 30 May 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This event is chaired by:

    Ian Lulham, Deputy President and Director, Alternative Dispute Resolution, Victorian Civil and Administrative Tribunal

    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

    Leave to Appeal VCAT Decisions 

    This session will outline the limitations and requirements when appealing VCAT decisions following the recent changes including procedures for instituting the appeal and the test for the grant of leave to appeal.  

    Our presenter will outline issues including:

    • The grounds of appeal and the ‘tests’ that apply;
    • Process of appealing;
    • The changes to s148 of the Victorian Civil and Administrative Tribunal Act 1998 in relation to the appeals process;
    • The differences between Supreme Court and Court of Appeal;
    • Plus Case Update.

     

    Presented by: Adam Rollnik, Barrister, Victorian Bar

     

    3.0
    $390.00
    Filling Fast!
  • June 2019

  • Wednesday, 19 June 2019
    19 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

    and

    Georgina Costello, Barrister, Victorian Bar

     

    3.0
    $390.00
  • Thursday, 20 June 2019
    20 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 [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

     

    6.0
    $695.00
    Early Bird Price Available - Expires 31 May 2019! Filling Fast!
  • Monday, 24 June 2019
    24 Jun 2019 9:00am - 24 Jun 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to help practitioners understand the parameters and secrets to drafting effective pleadings. Well drawn pleadings can prevent costly interlocutory disputes and provide a basis to embark on successful litigation. Participants draft pleadings using various fact scenarios and receive feedback and evaluation in this interactive and practical workshop.

    Topics include: the rules of pleadings, statements of claim, defences and subsequent pleadings, set-offs and counter-claims, particulars, identifying faulty pleadings and drafting tips and traps.


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • July 2019

  • Wednesday, 24 July 2019 - Thursday, 25 July 2019
    24 Jul 2019 9:00am - 25 Jul 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical two day workshop provides an overview of the major jurisdictions with a particular focus on Magistrates', County, Supreme Courts with reference to Federal Court and VCAT.

    The program includes:

    •     Pre-litigation correspondence
    •     Without prejudice communications
    •     Offers of compromise
    •     Deciding jurisdiction
    •     Parties
    •     Service of documents
    •     Initiating proceedings
    •     Preparing complaints
    •     Pleadings
    •     Writs
    •     Statements of claim
    •     Undefended actions
    •     Applications for orders and summary judgement
    •     Affidavits in support
    •     Defended actions and defences
    •     Directions hearings
    •     Counterclaims
    •     Set off
    •     Joinder
    •     Particulars
    •     Discovery
    •     Interrogatories
    •     Expert evidence
    •     Witness statements
    •     Setting down for hearing/trial
    •     Risk management
    •     GST related issues


    Note: This workshop runs for 2 days.

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    11.0
    $695.00
  • August 2019

  • Monday, 5 August 2019
    5 Aug 2019 9:00am - 5 Aug 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop for lawyers provides a practical analysis of the options available for enforcing your client’s orders and judgments in Victoria.  This one day program looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts. It also provides guidance on advising clients on the preferred options and will address preparing court documentation to bring the enforcement options into effect. An Essential Program for all litigators.

    The program includes:

    •    Enforcing Orders and Judgments
    •    Oral examination of debtor
    •    Warrants
    •    Attachments of earnings and attachment of debts
    •    Charging and stop orders over securities and funds in court
    •    Bankruptcy and winding up
     

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • September 2019

  • Monday, 16 September 2019
    16 Sep 2019 9:00am - 16 Sep 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical workshop is designed for practitioners working in litigation. This unique one day course includes discussion of the key elements to managing and using evidence in litigation.
     
    The following topics are covered:
    • Admissible Evidence
    • Circumstantial and propensity evidence
    • Proof of documents
    • Expert evidence
    • Privilege and self-incrimination
    • Credibility
    • Hearsay
    • Evidence gathering via Social Media


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • November 2019

  • Wednesday, 13 November 2019
    13 Nov 2019 9:00am - 13 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop for lawyers provides a practical analysis of the options available for enforcing your client’s orders and judgments in Victoria.  This one day program looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts. It also provides guidance on advising clients on the preferred options and will address preparing court documentation to bring the enforcement options into effect. An Essential Program for all litigators.

    The program includes:

    •    Enforcing Orders and Judgments
    •    Oral examination of debtor
    •    Warrants
    •    Attachments of earnings and attachment of debts
    •    Charging and stop orders over securities and funds in court
    •    Bankruptcy and winding up
     

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Friday, 15 November 2019
    15 Nov 2019 9:00am - 15 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to help practitioners understand the parameters and secrets to drafting effective pleadings. Well drawn pleadings can prevent costly interlocutory disputes and provide a basis to embark on successful litigation. Participants draft pleadings using various fact scenarios and receive feedback and evaluation in this interactive and practical workshop.

    Topics include: the rules of pleadings, statements of claim, defences and subsequent pleadings, set-offs and counter-claims, particulars, identifying faulty pleadings and drafting tips and traps.


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Wednesday, 20 November 2019 - Thursday, 21 November 2019
    20 Nov 2019 9:00am - 21 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical two day workshop provides an overview of the major jurisdictions with a particular focus on Magistrates', County, Supreme Courts with reference to Federal Court and VCAT.

    The program includes:

    •     Pre-litigation correspondence
    •     Without prejudice communications
    •     Offers of compromise
    •     Deciding jurisdiction
    •     Parties
    •     Service of documents
    •     Initiating proceedings
    •     Preparing complaints
    •     Pleadings
    •     Writs
    •     Statements of claim
    •     Undefended actions
    •     Applications for orders and summary judgement
    •     Affidavits in support
    •     Defended actions and defences
    •     Directions hearings
    •     Counterclaims
    •     Set off
    •     Joinder
    •     Particulars
    •     Discovery
    •     Interrogatories
    •     Expert evidence
    •     Witness statements
    •     Setting down for hearing/trial
    •     Risk management
    •     GST related issues


    Note: This workshop runs for 2 days.

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    11.0
    $695.00
  • December 2019

  • Friday, 6 December 2019
    6 Dec 2019 9:00am - 6 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical workshop is designed for practitioners working in litigation. This unique one day course includes discussion of the key elements to managing and using evidence in litigation.
     
    The following topics are covered:
    • Admissible Evidence
    • Circumstantial and propensity evidence
    • Proof of documents
    • Expert evidence
    • Privilege and self-incrimination
    • Credibility
    • Hearsay
    • Evidence gathering via Social Media


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00