Litigation Issues for All Government Lawyers
213Q01: As a government lawyer you may not litigate all day but that doesn’t mean you aren’t dealing with matters in dispute or being required to prepare public sector witnesses. So what exactly do government lawyers need to be aware of should the need arise? The ethical parameters of the Model Government litigant; preparing public sector witnesses and privilege with regard to expert reports and dealing with FOI requests.
Description
Attend and earn 4 CPD units including:
3 CPD units in Practical Legal Ethics
1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Aaron Guilfoyle, Work Health and Safety Prosecutor, Office of the Work Health and Safety Prosecutor
Practical Legal Ethics
9.00am to 10.00am Model Litigant: Disclosure Requirements in Civil and Criminal Litigation
- Civil litigation: government’s obligation to disclose
- Criminal prosecution: What is the prosecution’s obligation? When is it met? And what does it preclude?
Presented by Aaron Guilfoyle, Work Health and Safety Prosecutor, Office of the Work Health and Safety Prosecutor and Patrina Clohessy, Deputy Crown Solicitor and Chief Counsel Constitutional and Advocacy Branch for Crown Solicitor, Crown Law
Practical Legal Ethics
10.00am to 11.00am Privilege with Regard to Expert Reports and Dealing with FOI Requests
- Privilege of third party reports and communication involved in proceedings
- Expert reports: recent cases
- Avoiding the inadvertent waiver of rights
- Dealing with FOI and RTI (Right to Information) requests
Presented by Ian Bloemendal, Partner, Clayton Utz; Leading Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Responding to a Royal Commission, Boards of Inquiry and Inquest
- Preparing a department or agency’s response
- Advice and preparation of government witnesses
- Procuring, briefing and managing experts for inquests and enquiries
Presented by Kathryn McMillan QC, Quay 11 Chambers
Practical Legal Ethics
12.15pm to 1.15pm Bound by Ethics: The Model Litigant as Prosecutor
- Duties of prosecuting Counsel
- General duty
- Respect for rulings of the trial judge
- Cross examination of the accused
- Duty to call all material witnesses
- The prosecutor’s role in sentencing
Presented by Alan MacSporran QC, Chairperson, Queensland Crime and Corruption Commission
Presenters
Aaron Guilfoyle
In March 2019, Mr Guilfoyle was appointed as the inaugural WHS Prosecutor by the Governor in Counsel for a five-year term. Mr Guilfoyle heads the Office of the Work Health and Safety Prosecutor, prosecuting and advising the Queensland Government on Work Health and Safety, Electrical Safety, and, since 1 July 2020, Resources Safety offences. In his capacity as the Work Health and Safety Prosecutor, Mr Guilfoyle has appeared in Australia’s first industrial manslaughter prosecution, Queensland’s first successful reckless conduct prosecutions against company directors, and in the prosecution of Ardent Leisure Ltd in relation to the tragedy on the Thunder River Rapids Ride at Dreamworld in 2016.
Patrina Clohessy
Patrina was admitted as a barrister of the Supreme Court of Queensland on 15 June 1999 and gained considerable advocacy experience over a period of eighteen years with the Office of the Director of Public Prosecutions (ODPP) reaching the rank of Senior Crown Prosecutor before joining Crown Law in October 2015. In her current role, Patrina leads an experienced legal branch comprising of barristers and solicitors who provide advice and advocacy services on behalf of the State of Queensland.
Ian Bloemendal
Ian leads the Queensland Commercial Litigation for Clayton Utz and has some 30 years' experience providing strategic and tactical advice to government (both State and local) and listed companies in relation to complex disputes and reputational risks, enforcing and defending legal right and positions. He has a reputation for guiding clients through difficult litigation - including contractual disputes, investment claims, technology disputes, media issues and defamation claims, commissions of inquiry, together with regulatory investigations (such as ASIC, ACCC) and prosecutions.
Kathryn McMillan QC
Kathryn was called to the Bar in 1987 and was appointed Silk in 2006. She is an Adjunct Professor of Law at the TC Beirne School of Law, University of Queensland. In 2019, she was Lawyer’s Weekly "Woman Barrister of the Year". Kathryn is a specialist in personal injuries (particularly cases concerning complex medical evidence), public law, disciplinary matters, discrimination proceedings together with a long-standing practice in family law and child protection proceedings. Kathryn was recognised in the 2018 Doyle’s Guide as a "leading" Queensland barrister both in the Family Law and Divorce category and the Parenting and Children’s Matters category.
Alan MacSporran QC
Alan MacSporran, QC was admitted as a Barrister-at-Law in 1978 and worked as a Crown Prosecutor until 1984 when he went to the private bar. He has a Bachelor of Laws from the University of Queensland. Mr MacSporran was appointed Senior Counsel in 2005 and Queens Counsel in 2013. He has developed a broad practice in criminal law with specific reference to fraud and like offences. He has prosecuted a range of matters on behalf of the Commonwealth Director of Prosecutions including large-, scale tax frauds, insider trading and corporate crimes. Mr MacSporran also has extensive experience in inquests and commissions of inquiry.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00