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!
Wednesday, 11 September 201911 Sep 2019 9:00am - 11 Sep 2019 4:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Early bird price available until Friday 2 August: $695 (incl. GST)
Full Price: $725 (incl. GST)
This program will be chaired by:
Jane Fiske, Partner, Lander & Rogers
Your Essential 2019 Case Update
The very essence of medico-legal practice is that something has or at least has appeared, to have gone wrong. Either a patient is making a negligence claim, or a medical professional is aggrieved by a decision made against them. Given the subtle nuances that can impact a claim succeeding or failing, all practitioners working in this complex area need to be on top of the latest cases.
This session will cover the latest medico-legal cases up to September 2019 including:
- Medical negligence claims against surgeons / GP’s;
- Medical negligence claims against Psychiatrists and Psychologists;
- Medical negligence claims against Dentists;
- Appeal decisions by medical professionals and the ‘irrational’ exception to Competent Professional Practice.
Legislative Updates and Developments 2019
In light of numerous recent developments in the medico-legal legislative space, the risks of overlooking the impact of a change are greater than ever.
This session will provide an in-depth overview of the latest developments, including:
- Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 (relating to Mandatory Reporting Thresholds for doctors);
- Voluntary Assisted Dying Act 2017 (coming into effect 19 June 2019);
- Medical Treatment Planning and Decisions Act 2016 (commenced 12 March 2018);
- Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018.
New laws can bring new risks for you and your clients and this is a session not to be missed.
Expert Witnesses and Evidence in Court – Have you Done your homework?
Preparation and Briefing
It is critical when obtaining medico-legal evidence from a medical practitioner, for their evidence to be consistent. Prior to your client meeting your expert, whether it be a surgeon or otherwise, you should ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, which then can produce 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 contradicts claims made by your client.
Along with a case update, this session will provide an in-depth guide to best practice and steps to follow when preparing to contact and brief an expert for a new client.
Due Diligence and Inconsistencies
What are the risks in failing to adequately research the suitability and previous evidence of an expert witness, particularly in regard to any previous inconsistent statements or evidence presented by that expert witness in other cases.
This session will address these issues and will also cover:
- Grounds for appeal if you subsequently find the expert has given contradictory statements in cases either before or after your client’s matter has been heard; and
- What resources are available to assist in checking an expert’s expertise and their previous evidence.
Ethics, AI, Privacy and Implications – Where To From Here?
A set of eight Ethical Principles have been drafted and released by the Royal Australian and New Zealand College of Radiologists (the RANZCR principles) which is aimed at guiding ethical standards surrounding AI technology in medicine into the future, as well as complementing today’s current medical tools and systems.
This session will discuss the current state of the medico-legal profession, including privacy, technology, AI, the RANZCR principles and ethical issues likely to be faced as we move into an uncertain future.
Legal Professional Privilege and Patient Confidentiality – What Must Be Disclosed?
The concepts of ‘patient confidentiality’ and ‘legal professional privilege’ can be complex and time consuming for medical practitioners and their legal advisors. When receiving a subpoena, an order to produce documents or a summons to appear as a witness, there are numerous issues to consider including multiple and sometimes inconsistent jurisdictional requirements, objections to requests, providing sealed and unsealed documents and importantly, identifying and claiming legal professional privilege.
The recent case of Medical Board of Australia v Kemp  VSCA 168, found and perhaps set a precedent that patients medical records are not protected by statutory privilege in disciplinary hearings.
This session will provide guidance on the issue’s practitioners must be alert to when, where and how they can claim privilege on a proper basis.
The Scope of Medical-Legal Counsel – What Does Your Client Demand of you in 2019?
In February 2019, a story was broadcast on ‘7:30’ on the ABC about a young doctor, Dr. Yumiko Kadota, who was walking away from the medical profession as she was ‘physically and emotionally broken’ from her placement at a Sydney hospital. This followed her blog called “The Ugly Side of Becoming a Surgeon”.
Would you know what to advise a hospital, surgeon or other medical professional in charge of supervision in such circumstances?
The health industry is becoming more complex and operates within a more competitive, technological and litigious market. If an organisation, or individual within the industry makes a mistake which is then picked up and carried by social media, reputational damage can be devastating.
In addition to legal knowledge and skills, medical-legal counsel are increasingly expected to be proficient in a wide range of areas including negotiation, mediation, dispute resolution and Crisis Management. Having a strong relationship with your client is crucial to being able to understand, manage and deliver the clients expectations.
This session will provide guidance on the current and evolving role of the medical-legal counsel in 2019, so that you can manage your client’s expectations and deliver at the highest level.
Non-Delegable Duties in the Medical Profession
The vulnerability of patients in institutions and hospitals has been in the spotlight in recent times. As the country faces an ageing population, the issue of proper care by medical professionals and perhaps more importantly, staff, within organisations, will continue to remain a hot topic.
This session will focus on the issue of non-delegable duties in the medical profession including:
- When the duty arises;
- When an organisation is liable for negligence of a staff member;
- Independent contractors;
- Exceptions to the rule.
Don’t miss this hot topic!6.0$695.00Early Bird Price Available - Expires 2 August 2019!