‘How to’ Skills for Litigators
213N08: Join an exceptional panel of speakers, including the Supreme Court Prothonotary, and walk away with practical insights on key skills for litigators. You will gain guidance on analysing the facts and leveraging evidence to build a winning case strategy. Master how to strategically draft your pleadings and using the best expert evidence to outsmart the opponent’s case on the day. Take away key settlement skills to ensure you negotiate the best deal for your client on the courtroom steps.
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Rebel Kenna, Director and Prothonotary, Supreme Court of NSW
9.00am to 9.20am Opening Address: Remote Attendances in Light of COVID-19
Presented by Rebel Kenna, Director and Prothonotary, Supreme Court of NSW
9.20am to 10.15am Analysing the Facts and Maximising the Value of Evidence for Effective Litigation
- Finding an effective strategy for successful litigation
- Identifying limits with a case
- Appropriate interlocutory action
- Efficiently and effectively evaluating evidence and its potential use
- What is admissible and relevant?
- Privilege
Presented by Anthony Cheshire SC, 8 Wentworth Chambers
10.15am to 10.30am Morning Tea
10.30am to 11.25am Drafting Effective and Precise Pleadings
Using practical scenarios and illustrations, you will examine:
- What is the value of pleadings in modern litigation?
- What strategies can be used to best articulate a claim or defence?
- When are pleadings necessary and when are they best avoided?
- Should pleadings be revisited during the course of litigation?
Presented by Fred Curtis, Barrister and Lachlan Menzies, Barrister, 8 Wentworth Chambers
11.25am to 12.15pm Using Expert Evidence to Best Effect
When disputes arise, it is often necessary to engage an expert. The winning or losing of a dispute can turn on that expert’s evidence. It is imperative that expert witnesses, and legal counsel, understand how to present effective expert evidence. With this in mind, explore:
- The role and responsibilities of an expert witness
- What is covered by privilege: instructions, draft report, information and past expert opinions
- Uniform Civil Procedure Guidelines
- Admissibility of reports
- How to present effective expert evidence
- The process of giving expert evidence
- Potential pitfalls and how to avoid them
Presented by Michelle Campbell, Barrister, Frederick Jordan Chambers
12.15pm to 1.10pm 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
1.10pm to 1.15pm Closing Remarks
Presenters
Rebel Kenna
Rebel Kenna was admitted to practice as a solicitor in 2006. In 2011 she joined the Supreme Court of NSW as a Registrar where she regularly case manages lists and hears interlocutory applications in the Common Law, Equity, Court of Appeal and Court of Criminal Appeal divisions of the Court. Rebel has also been appointed by the Chief Justice as a mediator and regularly conducts mediations under the court annexed mediation scheme. In 2015 Rebel was appointed as Director and Prothonotary of the Supreme Court of NSW and has statutory responsibilities including the commencement of proceedings for contempt and the removal of practitioners for the local roll. Rebel is also the secretary of the Uniform Rules and Supreme Court Rules Committees.
Anthony Cheshire SC
Anthony was called to the English Bar in 1992 and practised at the bar in London before coming to Sydney in 2003. He practices from the 8th Floor of Wentworth Chambers particularly in the general commercial, insolvency, insurance, equity and medical negligence fields. He annotates parts 41 and 43 of the Thomson UCPR service. Anthony has been a barrister for over 25 years. He practised as a barrister in London before moving to Sydney in 2003. He was appointed Senior Counsel in 2015.
Michelle Campbell
Admitted to the Bar in 2007, Michelle’s practice has extended to both criminal and civil law. Her main areas of practice include common law, personal injury and criminal law. With extensive advocacy experience prior to being called to the Bar as a prosecutor for various government departments, including the NSW Police, Michelle has, since called to the Bar, been briefed in a vast array of matters. She regularly appears both led and unled in various State courts and tribunals, including the Supreme, District and Local Courts of New South Wales. She has also appeared unled in a number of coronial inquests and appeals.
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. As well as being an accredited specialist in commercial litigation, Flo is a current Committee Member of the Law Society of NSW - for Accredited specialists in Commercial Litigation. Flo holds a Masters in Health Law from the University of Sydney, and law degrees from Portobello College and Queen's University, Belfast. Flo regularly blogs and comments on contemporary legal issues.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia