Personal Injury Conference
Keep abreast of developments in public liability, TAC and workplace injury claims plus catch up on recent medical negligence cases dealing with breach of duty and causation. WEB219V07
Description
Attend and earn 7 points in Substantive Law
This program is based on VIC legislation
Session 1
Slips and Trips, Smashes and Crashes
Chair: Aine Magee KC, Greens List
9.00am to 10.00am Assessing Economic Loss in Public Liability Claims by Children
- How to overcome the lack of evidence of pre-injury economic capacity of children in a claim for damages for economic loss
- Calculating loss by adopting the national average of weekly earning
- The types of evidence applied by children to demonstrate they have above-average
- Taking the NDIS into account
Presented by Rosalind Gilsenan, Special Counsel, Marsh & Maher Richmond Bennison; Best Lawyers 2021, Insurance Law
10.00am to 11.00am Public Liability Case Law Update
From waivers to damages verdicts, this presentation will bring you up to speed with recent public liability decisions in Victorian Courts including;
- Waivers: Marks v Skydive Holdings Pty Ltd [2021] VSC 21
- Damages: Cruse v State of Victoria [2019] VSC 574, Waks v Cyprus & Ors [2020] VSC 44and Jackson v Jones [2021] VCC 638
- Do you need a significant injury certificate? Thompson v State of Victoria (Ruling) [2019] VCC 166
Presented by Megan Caines, Senior Associate and Nada Breik, Lawyer, Polaris Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm TAC Developments
- An update on the Protocols and data
- Recent case law
Presented by Geraldine Collins, Principal, Maurice Blackburn Lawyers; Accredited Specialist in Personal Injury Law
12.15pm to 1.15pm Serious Injury Cases: TAC
- The ‘kit bag’ of cases for plaintiff and defendant practitioners
- Update of important recent decisions
- Practical tips: how to win them and how to lose them
Presented by Paul Bourke, Barrister, Green’s List
Session 2
Workers Compensation, Workplace Injury, Dust Disease & Medical Negligence
Chair: Naomi Riggs, Principal Lawyer, Rubicon Compensation Lawyers
2.00pm to 2.45pm Silica and Disease Cases: Challenges and Pitfalls
- The facts: long histories obscured in the mists of time
- The medicine: complex issues in a foreign language
- The law: wrestling with the ACA, WIRC and common law issues
Presented by Andrew Dimsey, Barrister, Dever’s List, Preeminent Professional Indemnity Junior Counsel, Doyle’s Guide 2020
2.45pm to 3.30pm Sexual Harassment in the Workplace and the Interaction of Personal Injury and Employment Law
- Examine key events in Australia this year relating to sexual assault or harassment survivors coming forward, the AHRC Respect@Work report and the recent Victorian Legal Services Board and Commissioner survey addressing sexual harassment in the legal profession
- Discuss the different causes of action available to a client who has experienced sexual harassment or assault with case examples
- Analysis of whether to make a claim pursuant to the Sex Discrimination Act 1984 (Cth) or the Equal Opportunity Act 2010 (Vic), or a common law torts claim
- Content warning: you will address factual scenarios that may be upsetting or triggering for survivors of sexual assault, harassment and violence. If you would like to seek support, a list of services is available at the AHRC website
Presented by Diana Costaras, Barrister, Foley’s List
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Catching Up: The Latest in Breach of Duty and Causation in Medical Negligence Claims
Examine the latest cases and legislative developments in the world of medical liability law.
Presented by Mary Anne Hartley KC, Dever’s List; Leading Insurance Law Senior Counsel, Doyle’s Guide 2020 and Paul Lamb, Barrister, Dever’s List
4.30pm to 5.15pm New Law to Create Efficient Resolution of Workers Compensation Claims
An examination of the Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021.
Presented by Andrew J Saunders, Barrister, Lennon’s List
Presenters
Aine Magee KC
Since coming to the Bar in 2000, Áine Magee QC has been practicing predominantly in the personal injuries area. She was a partner in the Insurance and Financial Services Division of Phillips Fox for ten years and practiced as a solicitor for sixteen years. She holds a postgraduate diploma in insurance law from the University of Melbourne and is an Accredited Mediator. She led a Pro Bono Team of 12 barristers representing the families of the deceased in the long running Bourke Street Inquest in 2019 -2020. More than 50 witnesses gave evidence over 31 days in two tranches of sittings.
Rosalind Gilsenan
Rosalind has over 20 years of experience in insurance litigation advising and acting for local and international insurers, brokers, claims managers and self-insured businesses. Rosalind’s expertise include: Public and product liability, medical and professional negligence, property damage including from fire and flood, institutional abuse, Common law workers’ compensation and statutory recoveries, insurance coverage disputes. Parties she has acted for include retail and residential property owners and occupiers, owners’ corporations, security and custody service providers, cleaning contractors, building industry contractors and design professionals, medical and allied health professionals, schools, hospitals, community organisations, cemetery trusts, amateur and professional sporting associations along with aged care and childcare providers.
Megan Caines
Meg Caines is a senior lawyer with a track record for getting great results for injured Victorians. She prides herself on having strong communication skills and providing straightforward advice to clients. Efficient and approachable, Megan enjoys assisting clients from diverse backgrounds navigate the TAC motor vehicle accident compensation scheme and the legal process that comes with that. The law is unfamiliar to ordinary Australians and it’s important that claimants have an advocate and lawyer who is fully dedicated to their claim and achieving the maximum compensation they are entitled to.
Nada Breik
Nada assists injured persons in a multitude of personal injury matters including workers compensation claims, motor vehicle accident claims, public liability claims and superannuation/TPD claims. While studying law, Nada volunteered at a community legal centre for employment rights named JobWatch and Embrace Education where she was facilitating the bridge between tutors and school students in economically and socially disadvantaged schools across Victoria. Nada is a second-generation Arab-Australian and can speak, read and write fluent Arabic. Nada is a member of the Diversity and Inclusion Committee of the Victorian Women Lawyers and the Law Institute of Victoria.
Geraldine Collins
Geraldine Collins is a Principal at Maurice Blackburn. She has more than 20 years’ legal experience in personal injury compensation claims. She is a LIV accredited specialist in personal injuries law. She has been both the Victorian and National President of the Australian Lawyers Alliance (ALA). Geraldine was a member of the working group which undertook a complete re-write of the TAC Protocols during 2014 - 16. She sits on the TAC Legal Liaison Committee, LIV TAC Committee, TAC Protocols Review Forum, TAC legislative review committee, the LIV Specialisation Committee and is a former chair of the LIV's Litigation Lawyers' Executive.