The Civil Litigator’s Toolkit
213W09: Hone your pleading skills. Work step by step through what you need to do to successfully prepare for trial. Master the art of successful strategising during commercial dispute negotiations. Gain insights into how to get the absolute best settlement deal for your clients while considering damages, evidence, applications, mediation and settlement agreements.
Description
Attend and earn 4 CPD points in Competency Area 2: Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Elmi Carlean, Barrister, Francis Burt Chambers
9.00am to 10.00am Drafting Effective and Concise Pleadings
- Drafting successful pleadings: practical advice
- Late amendments/granting extensions
- When to review strategy
- Petty objections: how to deal with them
Presented by Brian Nugawela, Barrister, Michael Kirby Chambers
10.00am to 11.00am Preparing for Trial: The Do’s and Don’ts
- Ideas for managing the materials
- Tips to prepare and improve your submissions
- Tips for approaching and preparing cross examination
- How to cross examine with confidence
- Approaches to ‘bringing it all together’
Presented by Fraser Robertson, Barrister, John Toohey Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Effective Negotiation Strategies for Commercial Disputes
- What are the various forms that negotiations can take in a commercial dispute setting?
- When should you look to commence negotiations?
- Court assisted processes versus private processes
- Use of Calderbank offers and offers made pursuant to the various Court Rules
- How to prepare for and conduct negotiations: some practical tips
Presented by James Scovell, Barrister, Francis Burt Chambers
12.15pm to 1.15pm Settlement Fundamentals: Damages, Evidence, Applications & the Agreement
- Preparation of the Particulars of Damages
- The obtaining of evidence, including medical and non-medical expert reports
- Tips for the effective use of interlocutory applications
- Attending a pre-trial conference or mediation
- When is a settlement not a settlement? The form of agreement
Presented by Emma Luck, Barrister, Francis Burt Chambers
Presenters
Elmi Carlean
Elmi Carlean has been a member of the Western Australian Bar Association practicing from Francis Burt Chambers in Perth since 2015. Prior to joining the bar, Elmi practiced in Brisbane between 2004 and 2009 where she was involved in a wide range of commercial litigation, insurance claims and corporate governance matters. From 2009 to 2015 she acted as in-house legal counsel in the Public Sector for the Departments of Water, Environment, and Transport, respectively, and has expertise in resources disputes, particularly in the water sector and mining industry. Elmi has particular expertise as an advocate, and has appeared as Counsel in all State and Federal Courts and Tribunals.
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
Fraser Robertson
Fraser Robertson is a barrister and member of the Western Australian Bar Association who practices from John Toohey Chambers. Prior to joining the bar, Fraser worked in boutique litigation practices. Fraser is an experienced advocate, having appeared as Counsel in most State and Federal Courts, including the High Court of Australia. Fraser practices predominantly in commercial litigation, administrative law, deceased estates, family law and legal costs. Fraser is the Convenor of the costs committee of the Law Society of Western Australia and a member of the Civil Litigation Course Advisory Committee for the College of Law in Western Australia.
James Scovell
James Scovell's proven expertise and litigation skills are used in conjunction with a pragmatic commercial approach to achieve his instructor's and client's desired outcomes and business needs. James has acted for a broad range of clients, including large ASX listed entities, insolvency practitioners and national lending institutions, in relation to litigation matters in all jurisdictions. In the often challenging role of recovering funds for creditors (including lenders), James' litigation skills are exemplary, while his highly proficient negotiation skills readily come to play when seeking to resolve matters commercially and without the need for litigation.
Emma Luck
Emma has a broad commercial practice, with a particular focus on construction & engineering disputes, professional negligence and insurance law. With over 20 years’ experience representing a wide range of commercial clients across a variety of sectors, Emma is known for her strong commercial acumen, skilled advocacy and excellent technical legal skills.She appears regularly in the District and Supreme Courts of Western Australia, the Federal Court, as well as in domestic and international arbitrations. She has also appeared in the High Court of England and Wales.
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.