Advanced Evidence and Advocacy Conference
213Q10: Master advanced strategies for developing a case theory, ensuring your expert evidence is persuasive, assessing the admissibility of evidence, and avoiding implied waiver and inadvertent disclosure of privileged material. Then gain valuable insights on advocacy from some of Brisbane’s foremost advocates on written submissions, examination in chief, and mediation so you’ll have the tools for success in any matter.
Description
Attend and earn 7 CPD units including:
1 CPD unit in Practical Legal Ethics
6 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Evidence Masterclass
Chair: Timothy Matthews MBE QC, Barrister, Inns of Court
9.00am to 10.00am Developing a Case Theory
- How do you develop a case theory and why should you?
- Analysing the pleadings to work out what factual issues are in controversy
- Consider extracting admissions before putting on evidence: benefits of Notices to Admit
- Sources of evidence to consider
Presented by Anand Shah, Barrister, Brisbane Chambers
10.00am to 11.00am Advanced Strategies for Admissible and Persuasive Expert Evidence
- How involved should lawyers be in assisting experts?
- Proofing the witness including predicting objections
- The fine line between pe-trial conferences and coaching
Presented by Vince Brennan, Barrister, Deane Chambers
11.00am to11.15am Morning Tea
11.15am to 12.15pm Assessing the Admissibility of Evidence
Enhance your client’s prospects by maximising the admissibility of the evidence. Gain expertise in how best to prepare your case, anticipate potential hurdles, and develop a plan to overcome any challenges along the way.
- Relevance, admissibility and weight
- Key principles of the admissibility of evidence
- Common hurdles to admissibility
- Hardworking strategies for getting your evidence in
- Dealing with challenges from opposing counsel and queries from the Bench
Presented by Nola Pearce, Barrister, Level Twenty Seven Chambers
Practical Legal Ethics
12.15pm to 1.15pm Implied Waiver of Privilege and Inadvertent Disclosure: A Refresher for the Senior Practitioner
- New challenges posed by electronic discovery and electronically stored information
- Implied waiver and common traps
- Recent cases
Presented by David Keane, Barrister, Gerard Brennan Chambers and Jason Launchbury, Associate, NR Barbi Solicitor
Session 2
Advocacy Strategies from the Experts
Chair: Timothy Matthews QC, Barrister, Inns of Court
2.00pm to 3.00pm Examination in Chief: Setting the Stage for Success
An effective examination in chief is essential to developing your case theory and laying the foundation for a successful outcome. Master this process to gain a powerful advantage.
- Considering your case theory and the critical narrative
- Advancing the quality of your witnesses’ evidence
- Dealing with unfavourable and hostile witnesses
- Tips and traps for effective examination-in-chief
Presented by Sarah Holland, Barrister, Level 27 Santos Place
3.00pm to 4.00pm The Art of Advocacy in Mediation
- Objectives: What are you trying to achieve in the mediation?
- Preparation: pre-negotiation strategies, influencing perceptions of strength and use of documents
- Presenting the argument: use of agendas and silence, uncovering assumptions and maximising interests
- Effective bargaining: inventing options, expanding issues, trading concessions, breaking impasses
- Closing the deal: effective techniques for achieving closure
Presented by Jenny Rimmer, Jenny Rimmer Mediations; Nationally Accredited Mediator; Preeminent Family Law Mediator Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Written Submissions: A Tool to be Reckoned With
- Drafting written submissions for applications or trials
- Relationship between the written submissions and oral argument
- How to make your written submissions more persuasive
Presented by Timothy Matthews MBE QC, Barrister, Inns of Court
With materials prepared by Amelia Wheatley QC, Deane Chambers
Presenters
Timothy Matthews MBE QC
Tim Matthews is the senior barrister with Chambers at Level 15 of the Inns of Court. Tim is one of the third generation of the Matthews family to practice law in Queensland after his father, the late Honourable RH Matthews QC (Supreme Court Judge, 1967-1989) before him and his grandfather, the late Honourable BH Matthews (Supreme Court Judge, 1945-1961) before him. During Tim's career at the Bar, he has had many interests outside the practice of law, including many years' service at the Queensland Rugby Union Judiciaries and the Queensland Rugby Referees' Association. He is an accredited Umpire with Cricket Australia. Following a Matthews' family tradition, he is also an avid fisherman, both from the beach and off shore. He has two sons, Charles, who also practices as a Barrister in Brisbane and James, a Medical Practitioner at a major south-east Queensland hospital. Tim regularly travels to the Solomon Islands to appear in the High Court as leading counsel in commercial and resources cases. He has a wide practice in many areas but particular interests in common law, building and construction cases and alternative dispute resolution. He is a Nationally Accredited Mediator and an extremely experienced appellate and trial Barrister. Tim was appointed a part time Sessional Member of QCAT in December 2019. On 9 October 2020 Tim was made a Member of the Order of the British Empire (MBE) in the Queen’s Birthday Honours List, for services to the National Judiciary of the Solomon Islands.
Anand Shah
Anand Shah joined the Bar over 18 years ago after practising as a solicitor for eleven years. Anand's practice areas include personal injuries, commercial litigation, administrative law, succession, defamation and human rights. Anand has appeared as counsel in the High Court, Queensland Court of Appeal, Federal Court and as trial counsel in all State Courts, the Federal Circuit Court of Australia and many Tribunals. Anand has acted as a mediator in a variety of disputes including personal injuries, commercial, professional negligence, and succession. Anand has been elected by the Queensland Bar, on many occasions, to serve on its Bar Council (the Bar's peak executive body).
Vince Brennan
Vince has extensive experience in commercial and corporations law, specialising in taxation and insolvency. He regularly appears in the trial and appellate jurisdictions of the Federal Court of Australia (including the Full Court), the Supreme Court of Queensland and the Administrative Appeals Tribunal. Before being called to the Bar, he served as Associate to Senior Judge Skoien in the District Court of Queensland. He holds a Bachelor of Laws (Hons). Vince was called to the Bar on 17 March 2002. He is admitted to practice in the Supreme Court of Queensland and the High Court of Australia.
Nola Pearce
Nola has nearly 20 years’ experience handling civil claims and disciplinary inquiries involving high-level professionals and their insurers or defence unions. Her busy commercial law practice also incorporates contractual and consumer law disputes, insurance, administrative law, negligence and commissions of inquiry. Nola’s depth of experience is demonstrated through her quality legal advice, combined with a practical, strategic and sensitive approach to civil disputes. Before being called to the Bar, Nola practised as a solicitor in a number of mid- and top-tier firms.
Sarah Holland
Sarah Holland is a Barrister in private practice in Brisbane. Sarah is a, graduate of UQ and in 2005/2006 she was awarded a full scholarship to, the University of Dublin, Trinity College where she completed an LLM with, first class honours. Prior to coming to the Bar Sarah worked in the, international arbitration practice in Paris for Freshfields and she, was a solicitor in project finance with Mallesons Stephen Jaques in Sydney. Sarah was also associate to, the Honourable Susan Crennan AC QC in the Federal Court. Sarah now has a general commercial practice with a particular interest in defamation, planning and environment law and employment law. She is the Editor of the weekly Queensland Law Reporter. Since 2008 she has been a sessional lecturer at UQ where has been course coordinator for Media Law and Planning Law.
Jenny Rimmer
Jenny is a Nationally Accredited Mediator, an approved Family Dispute Resolution Provider under the Family Law Regulations, and has completed the training for Arbitration provided by the Law Council of Australia. She has practiced extensively in Family Law since 1982, after completing her Bachelor of Laws and Diploma of Legal Practice. Jenny has 36 years' experience as a legal practitioner, specialising in Family Law and defacto matters. Her previous experience as a Federal Magistrate of the Federal Magistrates Court (now the Federal Circuit Court) and Registrar of the Family Court of Australia has not only given her high-level legal knowledge, but also key insights regarding the effect of litigation on families.
Natalie Strijland
Natalie is a lawyer and director of NR Barbi Solicitor Pty Ltd. She commenced with the firm in 1997 and became a partner in 2007.Natalie works in various areas of law including Civil and Commercial Litigation, Building and Construction Litigation and Estate Litigation and heads the litigation team at NR Barbi Solicitor. Natalie also practices in the area of Arts Law offering legal advice to artists and arts organisations. She joined the QMusic management committee in January 2016 and was recently appointed President of QMusic. Natalie enjoys all aspects of the Arts, is a cricket fan, enjoys theatre and travelling and all genres of music.
David Keane
David joined the bar in 2007 and has a broad civil and commercial practice. He has advised and appeared on behalf of clients in in the Supreme Court, the Federal Court, the District Court and Magistrates Courts together with representation at Tribunals. Experience in interlocutory applications, trials and appeals. David is also experienced in alternative dispute resolution, including mediation and arbitration.
Jason Launchbury
Jason joined the firm in September 2018 as part of the litigation team to assist director Natalie Strijland. Jason has primarily practiced in civil and commercial litigation after being admitted to the Supreme Court of Queensland in January 2012. He has experience in a range of matters including debt recovery; contractual and commercial disputes; building and construction disputes; insolvency and bankruptcy matters; reviewing administrative decisions of the Queensland Building and Construction Commission; and reviewing and providing advice on contracts, policies and other legal documents (including retirement village contracts, building and construction contracts, loans, mortgages and security agreements).
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