Personal Injury Law Fundamentals with the Experts
Have you recently started working as a personal injury lawyer, are you a paralegal or clerk working in the area, or do you just want to brush up on the essentials of current law and practice in motor vehicle accidents, workers compensation, public liability and TPD claims? Attend this seminar to hear from experienced personal injury practitioners who will share their knowledge and experience so you can elevate your practice. WEB216W01
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Rebecca Sorgiovanni, Director, Soul Legal
9.00am to 10.00am Motor Vehicle Accident Primer: How to Prosecute and Defend a CTP (MVA) Claim
- Preliminary steps to be undertaken by Plaintiff Lawyers to get up claim
- Policy Indemnity: Did the injury arise out of the ‘driving’ of a registered motor vehicle; should ICWA’s statutory policy respond?
- Causation issues: onus of ‘disentangling’ causation: Watts v Rake; Purkess v Crittenden; Shorey v PT Limited
- Determination of liability pursuant to Civil Liability Act 2002 (WA)
- Quantum and discussion of relevant heads of damages
- Appropriate medical evidence
- Section 30 Medical examinations: legal implications of non-compliance
Presented by David Burton, Partner, McCabe Curwood
10.00am to 11.00am A Guide to Total and Permanent Disability Claims
- Nature of TPD insurance claims
- Trustee and insurer-roles and duties
- Where and who to sue, including Limitation periods
- Construction of insurance policy issues
Presented by John Fiocco, Barrister, Fourth Floor Chambers
11.00 to 11.15am Break
11.15am to 12.15pm Workers Compensation Fundamentals
- Important definitions
- Compensation entitlements
- Claims process and enforcement of compensation rights
- Cessation of compensation entitlements
- Dispute resolution procedure
Presented by Angus Castley, Director, Bradford Legal
12.15pm to 1.15pm Public Liability Essentials
- Civil Liability Act 2002
- The essential elements:
- Duty of care
- Causation
- Obvious risk
- Contributory negligence
- Personal injury damages
- the heads of damage
- assessing non-economic loss in terms of a ‘most extreme case’
Presented by Raoul Cywicki, Barrister, Sir Clifford Grant Chambers
Presenters
Rebecca Sorgionvanni
Rebecca is a co-director at Soul Legal which firm had its inception in 2018. Prior to that she spent 10 years as Principal at Sorgiovanni Legal. Rebecca has worked for both Plaintiff and Defendant firms in Personal Injuries and Insurance law, since being admitted in 1998. Rebecca has previously been involved in the Australian Plaintiff Lawyers Association, WA Branch (now known as the Australian Lawyers Alliance) as head of the Education Committee and as Branch Secretary arranging CPD events, lobbying and assisting in arranging State Conferences.
David Burton
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation, before immigrating to Perth in 1986. David is a founding partner of SRB Legal established in 1999. David is a highly experienced mediator, having settled thousands of personal injury claims for insurers and self-insureds, but is also an experienced trial Counsel, regularly appearing as SRB Legal’s in-house Counsel. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. He is recognised in Doyle’s Guide in 2016, 2017, 2018 and 2019 as a preeminent lawyer in his field.
Raoul Cywicki
Raoul was admitted to the Bar in 1996 having previously been a partner with Corser and Corser running a practice which specialized in personal injury and employments law. In 2008 together with Robert Lindsay and Fran Veltman, he established Sir Clifford Grant Chambers. He takes instructions in personal injuries, coronial inquests, employment law, probate and Family Provision Act matters, insurance and banking law, equity, property and partnership law.
John Fiocco
Admitted in 1973, John Fiocco holds an LL.B degree from The University of Western Australia and an LL.M degree from the University of Virginia, USA. Currently, practising exclusively as a Barrister from Fourth Floor Chambers, he is also an Adjunct Associate Professor of Law at The University of Western Australia. He is the chairperson of the Legal Practice Board. In 2010, he was awarded Life Membership of the Law Society of Western Australia and in 2015, awarded the Law Society of Western Australia’s Lawyer of the Year, for making a significant contribution to the Legal Profession in Western Australia. Currently, he is a Co-Author of the Lexis Nexis loose leaf publication Workers Compensation Western Australia.
Angus Castley
Angus Castley is a Director of Bradford Legal (originally Bradford & Co), where he has worked since January 1992. He has experience and a keen interest in workers compensation claims, motor vehicle accident claims, public liability claims and other insurance related personal injury matters. Angus Castley has been recognised as a Leading Work Injury Compensation Lawyer, Motor Vehicle Accident Compensation Lawyer and Public Liability Compensation Lawyer and Recommended Medical Negligence Compensation Lawyer in Doyle's Guide 2018 and again in 2019.