|Speaker||Henry Carus, Michael Lombard, Tamara Wright, Emily Hayden|
|Date||20 Jun 2019|
Personal Injury Update
Session 1: Psychiatric Injury and Nervous Shock – The New Duty of Care. Session 2: TAC Case Update and New Developments. Session 3: Driverless Versus Traditional Cars – When The Future Arrives, Who Is Liable? Session 4: Advocates Immunity or File Notes – Your Essential Risk Management Guide. Session5: Contributory Negligence - Pointing The Finger
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
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: Michael Lombard, Partner and Accredited Personal Injury Specialist, Adviceline Injury Lawyers
Best Lawyers® in Australia: Leading practitioner in Personal Injury Litigation (2014-2020)
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
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 & Agnew
Contributory Negligence – Pointing The Finger
Where there is a finding of contributory negligence, damages are reduced, having regard to the plaintiff’s share in the responsibility for the damage.
However, as illustrated by the recent case of Aycicek v Flowline Industries Pty Ltd  VSCA 37, a finding of contributory negligence will not be open if a plaintiff’s conduct is no more than mere inadvertence, inattention or misjudgment.
This session will look at the issues and factors taken into account when determining if there has been contributory negligence on the part of a plaintiff who has been injured at work or in a transport accident, and includes a key case update.
Presented by: Emily Anderson, Barrister, Victorian Bar
What is included:
Videos of the presentation in mp4 format.
Paper materials in pdf format.
Practice Management & Business Skills: 0.5
Substantive Law: 2.5