The Civil Litigator’s Toolkit: Advocacy, Trial & Settlement
Work step by step through what you need to do to successfully prepare for trial, from planning and strategy to preparing evidence to making opening submissions. Hone your advocacy skills to improve your chances of success in your litigation matters. Finally, gain insights into how to emerge successful in settlement negotiations and mediation.
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: David Leggatt, Principal, Coterminous Legal; Accredited Specialist in Commercial Litigation
1.00pm to 2.00pm: Putting it all Together: Practical Advocacy to Find Success
- Learn how to develop your skill at preparation and argument
- Navigating your way through the system
- Client needs and expectations
- Techniques in questioning
- Structure of arguments
- Communication in court
Presented by Gregory Burton SC, 5 Wentworth Chambers
2.00pm to 3.00pm: A Guide to Preparing for Trial
- Establishing a plan and a strategy
- Planning witness testimony
- Lay and expert witnesses, timing and rules of evidence
- Preparing and getting the best out of your witnesses
- Pre-trial evidence exchanges vs at trial evidence
- Getting your notices right
- Notices to admit facts and documents
- Notices to produce and subpoenas for production
- Preparing opening submissions
Presented by Jason Betts, Partner, Herbert Smith Freehills
3.00pm to 3.10pm: Break
3.10pm to 4.10pm: Settlement Fundamentals: Getting the Best Deal for Your Client
- Calderbank offers and offers of compromise: common mistakes, their consequences and how to avoid them
- Settlement rules: ensuring ‘without prejudice’ offers are indeed ‘without prejudice’
- Challenging settlement agreements
- When is a settlement not a settlement?
- Case studies and practical, real world examples
Presented by Florence Mitchell, Partner, Flo Mitchell Legal
4.10pm to 5.10pm: Negotiation and Mediation: Maximising Results
- Identifying the other party’s goals and objectives
- Thinking outside the square
- Dealing with unhelpful mediators
- How to achieve more in negotiation and mediation
Presented by Michael Emerson, Principal, Brisbane Mediations and Principal, Advice Only Family Law
Presenters
Jason Betts
Jason is widely regarded as one of Australia’s leading class action, corporate regulatory and product liability specialists. He has over 20 years’ of litigation experience and has defended the largest class action litigation (particularly shareholder claims), regulatory investigations and prosecutions and corporate distress liability issues in the Australian market. Jason has also acted in the majority of Australia’s largest class actions, including major securities and product liability litigation. He lead the defence of one of Australia’s largest ever product liability class action trials and acted for the defendant in the seminal Australian decision on third party litigation funding in Australia – Fostif.
Gregory Burton SC
Gregory Burton SC practises primarily in commercial/equity matters, at trial and appellate levels, from 5 Wentworth Chambers, with a focus on corporations, finance and securities, insolvency, insurance, trusts, property (intellectual, personal, real) and succession/family provision. He took silk in 2004. He is also a long-standing mediator and arbitrator, expert determiner, and domain name dispute determiner for auDA. He edits and co-authors a banking and finance law journal and text and has authored and edited books, articles and commentary, and speaks, on aspects of commercial law/equity, public law and ADR.
Florence Mitchell
Flo Mitchell is a versatile, skilled litigator with vast experience representing clients in matters as diverse as employment law, defamation, compulsory acquisition, contested estates, tribunals of enquiry, business disputes and professional negligence cases involving solicitors and accountants. Flo is highly regarded among her clients and peers for her pragmatic, commercial approach to resolving disputes and litigation proceedings. Her particular skill is in identifying the core issues of a matter and supporting clients in making an informed opinion regarding the merits of their case. Flo ensures that her clients fully understand the risks and options, constantly communicates with them throughout the progress of their matter, and develops strategies and plans to prepare for the unexpected.
Michael Emerson
Mike Emerson is a Co-Principal of Brisbane Mediations and Principal of Advice Only Family Law. He is also an Accredited Family Law Specialist; Accredited Mediator and Approved Arbitrator with Master of Laws in Dispute Management; Former Children's Representative Family Law and Child Protection Jurisdictions; Member of Australian Institute of Family Law Mediators and Arbitrators; Past Member of Panel of Conciliators for Federal Magistrates Service and Former Director, Royal Blind Foundation. Mike is also the former Mayor of Grafton (6 terms). Mike is an experienced advocate in the Family Law Jurisdictions. He has a particular interest in mediation and is the co-founder of Brisbane Mediations with his partner, Denise Britton.