Evidence Masterclass
213W18: The intricacies of evidence can make or break a case. Knowing how to develop flawless case theory, leverage expert evidence, ensure your evidence is admissible, and avoid implied waiver of privilege and inadvertent disclosure is absolutely critical. Sharpen your skills and master high level evidence in this practical masterclass led by some of Perth’s top litigators.
Description
Attend and earn 4 CPD points including:
1 point in Competency Area 3: Ethics & Professional Responsibility
3 points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Anthony Willinge, Barrister, Francis Burt Chambers; Leading Commercial Litigation & Dispute Resolution Barrister, Doyle’s Guide 2020
9.00am to 10.00am Developing a Case Theory
- How do you develop a case theory?
- Analysing the pleadings to work out what factual issues are in controversy
Presented by Rachael King, Partner, Corrs Chambers Westgarth; Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020
10.00am to 11.00am Advanced Strategies for Admissible and Persuasive Expert Evidence
- Evaluating the need for expert evidence
- Identifying, selecting and effectively instructing an expert
- Judicial involvement in settling the question and then preparing a joint report by opposing experts
- Expert reports: admissibility considerations and waiver of privilege issues
- Maximising value from an expert before and during trial
Presented by Craig Slater, Barrister, Francis Burt Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Assessing the Admissibility of Evidence
Sometimes your best evidence is also your most problematic. Gain expertise in how to spot potential problems and develop a plan to overcome them.
- Common examples of inadmissible evidence
- Identifying admissibility issues early on
- Developing strategies to deal with problematic evidence
- Getting your evidence in
- Dealing with challenges from opposing counsel
Presented by Katja J Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
Competency Area 3: Ethics & Professional Responsibility
12.15pm to 1.15pm Implied Waiver of Privilege and Inadvertent Disclosure: A Refresher for the Senior Practitioner
- Practitioner implied waiver and inadvertent disclosure: common traps
- New challenges posed by electronic discovery and electronically stored information
- Recent cases
Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers
Presenters
Anthony Willinge
Anthony obtained his law degree from the University of Western Australia, graduating with honours and the Frank Edward Parsons Memorial Prize in Law. He also has a Masters of Law with distinction from the University of London, where he studied Wigmorean analysis and evidence and proof. Anthony commenced his career as the Professional Assistant to the Crown Counsel for WA and the Associate to Justice Scott before becoming a crown counsel at the Crown Solicitor’s office for a number of years. Anthony joined the independent Bar in 2009. Anthony is also an Adjunct Professor at the University of Western Australia where he has been teaching Advanced Evidence and Proof for around 20 years.
Rachael King
Rachael is a commercial litigator who acts in high-stakes disputes, often arising from complex, long-term contractual relationships. She is experienced across a broad range of forums and dispute resolution formats including arbitration, tribunals, commissions and inquiries, judicial review and regulatory prosecution. Rachael has a Master of Laws degree from the University of Cambridge specialising in international dispute resolution. Rachael is a corporate member at the Australian Institute of Company Directors, an alumni at the AICD Director Pipeline Project, and an active mentor in the Women in the Law Mentoring Scheme.
Craig Slater
Craig Slater is a barrister at Francis Burt Chambers Perth where he specialises in commercial litigation. He advises on the Corporations Act and trade practices legislation. He has appeared as counsel in trials arising from disputes over contracts, misleading or deceptive conduct, the dissolution of partnerships, winding up corporations and commercial disputes generally. Craig was the 2013 President for the Law Society of Western Australia. He was until 2014 a member of its Council and the committee administering Law Mutual insurance. He remains a member of its Ethics committee. He is also the convenor of its Quality Practice Standard committee which administers the Society's QPS scheme.
Katja J Levy
Katja Levy provides specialist and expert advice in relation to all commercial, corporate and operational matters, with a focus on restructuring and insolvency, and major and complex or difficult projects. She also has expertise in dispute resolution in banking, construction, property, regulatory, cyber security, and information technology and services. Katja has a detailed understanding of best practices in governance and risk management as well as the current issues facing corporations and the role and responsibilities of company directors. With recent experience as an independent barrister, Katja's practice includes a broad range of work, including as counsel in complex trials and appeals.
Richard Douglas
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
Dirk Feinauer
Dirk Feinauer heads up Feinauer Commercial Lawyers, a law corporation based in Perth, Western Australia and is one of the most experienced German speaking lawyers practicing in Australia. Dirk graduated from the Australian National University, Canberra with a Bachelor of Arts and a Bachelor of Laws in 1989 and 1991 respectively. He is admitted to law practice in the Federal Court and High Court of Australia and the Supreme Courts of Western Australia and New South Wales. Dirk practices in complex corporate and commercial matters and conducts litigation in Superior and the Federal Courts including cross border disputes.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.