CTP, Public Liability and Workers Compensation Roundup 2020
Catch up on the most urgent personal injury issues right now. Gain a critical CTP update on the latest decisions on liability, apportionment, damages, quantum awards and more. Delve into the latest public liability cases including the practical takeaways and the impact on your matters. Examine the practical implications of questions of fact and law from WorkCover and the courts in relation to workers compensation claims and finally, perfect your strategies and skills for arbitration at WorkCover.
Description
Attend and earn 3 CPD points including:
0.5 point in Competency Area 2: Professional Skills
2.5 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Leanne Bishop, Partner, O’Sullivan Partners Lawyers
2.00pm to 2.45pm: CTP Update: Review and Discussion of Recent Decisions on Liability and Quantum Cases
- District Court, Court of Appeal and High Court decisions
- Review of some recent decisions on liability, apportionment and quantum awards
- Analysis of facts in each case, how they translated to the damages awarded and how it may apply to your matters
Presented by David Burton, Partner, McCabe Curwood; Pre-eminent West Australian Defendant CTP & Motor Vehicle Accident Insurance Lawyer, Doyle’s Guide 2019
2.45pm to 3.30pm: Public Liability Update
- The duty of care to a non-employee worker: when a duty of care is owed by a principal and others to another entity’s employee
- Recreational activities: dangerous or not
- Recent case examples
Presented by John-Paul Wilson, Principal, Gilchrist Connell; Best Lawyers 2021, Insurance Law
3.30pm to 3.45pm: Break
3.45pm to 4.30pm: Assessing Whole Person Impairment (WPI): A Question of Fact, or Law, or Mixed Fact and Law?
- Implications for decisions made in WorkCover and the District Court of WA, both in its common law and appellate jurisdictions
- A discussion of some practical implications
Presented by Brian Nugawela, Barrister, Michael Kirby Chambers
Competency Area 2: Professional Skills
4.30pm to 5.15pm: Getting Ready for the Fight of the Century! Preparing for Arbitration at WorkCover
- Should you be going to the fight?
- What you need to know and do to be ready!
- Best use of your weapons to win
Presented by Martin Dobson, Partner, Moray and Agnew; Best Lawyers 2019, Insurance Law Leading West Australian Defendant CTP & Motor Vehicle Accident Insurance Lawyers, Doyle’s Guide 2019
Presenters
Leanne Bishop
Leanne Bishop was admitted to practice in 1995 after completing a Bachelor of Arts and Bachelor of Laws at the University of Western Australia and an articled clerkship at a large WA-based law firm. After eight years practising primarily in personal injury related insurance litigation, including motor vehicle (CTP), public liability, workers’ compensation and employer’s indemnity claims, with an extended period primarily focused on defending asbestos disease-related claims, she co-founded boutique firm O’Sullivan Partners in 2002 and remains in that role.
David Burton
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation, before emigrating to Perth in 1986. David is a founding partner of SRB Legal established in 1999. David is a highly experienced mediator, having settled thousands of personal injury claims for insurers and self-insureds, but is also an experienced trial Counsel, regularly appearing as SRB Legal’s in-house Counsel. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. He is recognised in Doyle’s Guide in 2016, 2017, 2018 and 2019 as a preeminent lawyer in his field.
John-Paul Wilson
John-Paul Wilson is a Principal of Gilchrist Connell, and has practised in the area of insurance law and litigation almost exclusively since commencing Articles in 1992. He has more than 25 years' experience in acting for insurers, self-insured, and insured in the defence of workers' compensation claims, employers' indemnity claims, public and product liability claims, property damage claims and others. He is the co-author of the most recent update of the 'Workers Compensation - Western Australia' chapter of Halsburys Laws of Australia. In the most recent Doyle's Guide 2018 he was listed as a Preeminent Workers Compensation Lawyer and Recommended Dust Diseases Lawyer.
Brian Nugawela
Brian presents at Legalwise Seminars events on torts, psychiatric injury and workers' compensation. Brian's practice areas include; Tort law (including professional negligence); Workers compensation and Comcare; General civil and commercial litigation; Insurance disputes (including income protection and TPD insurance); Appeals. Some of Brian's notable recent cases include Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11 and Newcrest Mining Limited v Thornton [2012]HCA 60 and Westrupp v BIS Industries [2015] FCAFC where the Full Federal Court interpreted the HCA's decision in Comcare v PVYW
Martin Dobson
Martin Dobson was admitted to practice as a barrister and solicitor in 1980. He is a partner at Moray & Agnew and has worked almost exclusively in litigation since 1981 and after working in a number of areas of practice, including acting for plaintiffs for a number of years, he has acted exclusively for insurers, self-insureds and employers for the last 25 years. He practices chiefly in the areas of workers' compensation and employer's liability (common law) claims but has also worked in the areas of motor vehicle personal injury claims, public liability and medical negligence. Martin is a member of the Australian Insurance Law Association.