The Government Lawyer Litigation Guide
You will come away understanding the ethical parameters of the Model Government litigant; understanding how to assess and contest a public-interest immunity (PII) claim; and know how to prepare your department and prepare a response to royal commission or inquiry. Spend an afternoon with this exceptional panel and take away with you all-important practical insights, tips and traps on these key areas in public sector litigation. WEB219V04
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Kristine Hanscombe KC, List G Barristers
Practical Legal Ethics
2.00pm to 3.00pm The Model of a Modern Government Litigant: What Does it Mean for You?
- The source of the obligation and the ‘duty of fairness’
- Examples of its application and lessons learnt
- Practical insights and tips
Presented by Andrea Mapp, Managing Principal Solicitor, Victorian Government Solicitor Office, Regulation, Administrative and Disciplinary Law
3.00pm to 4.00pm Assessing and Contesting Public-interest Immunity (PII) Claims
- How does PII operate?
- How to assert and contest a PII Claim
- How is PII evaluated by the courts?
- Types of content that may enliven a PII claim over a document
- Indicative and leading cases in the area, tips and pitfalls
Presented by Dr Adrian Hoel, Barrister, Foley’s List
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Responding to Royal Commissions and Public Inquires
- Preparing a department or agency’s response to match the regulatory environment of a royal commission or inquiry
- What public sector lawyers need to know to manage evidence and experts?
- Gathering evidence to be considered
- Advice to and preparation of government witnesses
- Procuring, briefing and managing experts for commissions and enquiries
Presented by Alanna Mitchell, Assistant Victorian Government Solicitor – Royal Commissions
Presenters
Kristine Hanscombe KC
Dr Hanscombe has been in full time practice at the Victorian Bar since 1989, and took silk in 2003. She has a broad commercial, equity and public law practice. She has a longstanding interest in the law of evidence, and has both written and taught in the area. Her primary interest is in trial work, especially in technical scientific and engineering fields, with a consequent interest in the law relating to expert witnesses. Most of her work in areas of public law has concerned judicial review in both the Federal and State systems, but she is also experienced in merits review, especially legal disciplinary and regulatory matters.
Andrea Mapp
Andrea Mapp is Managing Principal Solicitor at the Victorian Government Solicitor Office. At the VGSO, Andrea's practice encompasses advocacy, litigation and dispute resolution, regulatory prosecutions and statutory interpretation across a diverse range of legislation. Andrea advises on departmental and regulator responses to, and governance of, emerging or existing industry practices. Her experience ranges from providing specialised advocacy, drafting regulatory frameworks, procedure manuals, precedent documents for internal use by agencies, through to advice on the rules of evidence and prospects of success in inquiries, disciplinary proceedings, prosecutions and appeals. Prior to joining the VGSO, Andrea was a Senior Advocate at Consumer Affairs Victoria, where she advocated on behalf of the Director of Consumer Affairs Victoria in complex and serious matters. Andrea was also formerly barrister at the Victorian Bar with over eighteen years' legal experience. Prior to joining the bar Andrea worked both in private practice and as in house counsel. Andrea is a qualified mediator with extensive experience in a varied range of commercial areas, with a particular focus on prosecutions, administrative law, building and construction, property and the Australian Consumer Law.
Adrian Hoel
Adrian Hoel is a barrister at the Victorian Bar. He practises predominately in the area of public law, acting for and against Government at both State and Federal level. Adrian has particular expertise in public interest immunity and parliamentary privilege. Adrian regularly appears in the Supreme Court and the Administrative Appeals Tribunal. He has appeared in most other Victorian and Federal fora. Before joining the Bar, Adrian worked in the Victorian Government for over seven years, six of which he worked in the public law team at the Victorian Government Solicitor's Office. Adrian advises on (and appears in) a wide range of matters, including constitutional matters, injunction applications and statutory interpretation. Adrian also has significant expertise in complex litigation involving Government entities and in various State and Federal Royal Commissions. He accepts briefs directly from Victorian and Commonwealth Departments/Agencies, including for advice work and matters involving legislative drafting.
Alanna Mitchell
Alanna Mitchell leads the Royal Commissions branch at VGSO. She is an experienced Victorian Government lawyer specialising in Royal Commissions and Inquiries, litigation, major infrastructure and environment. At VGSO, Alanna has led the legal function in relation to the State's response to the Mental Health and Aged Care Royal Commissions. Alanna has a deep understanding of public sector governance and decision making processes and has participated in and chaired senior inter-departmental committees, working groups and panels across government over many years in relation to multiple major projects and initiatives. Alanna has also worked on the Royal Commissions into Trade Union Corruption, Disability, Black Saturday Bushfires and the current Inspector General for Emergency Management Inquiry into the 2019-20 Victorian Fire Season.