Public Liability Claims: Slips and Trips
In this public liability intensive, immerse yourself in 3 key areas of interest to personal injury lawyers: liability for psychiatric harm, public liability and dangerous recreational activities, and liability of joint and several tortfeasors. 219W08
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Description
Attend and earn 3 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Eleanor Scarff, Director, Dwyer Durack; Recommended Work Injury Compensation Lawyer (Plaintiff), Doyle’s Guide 2020
2.00pm to 3.00pm Liability for Psychiatric Harm under the Civil Liability Act (WA)
- Historical Genesis
- The Ipp Report
- Civil Liability Act modifications of the common law
- Determining liability under the Civil Liability Act
- Disentangling psychiatric causation
- Discussion of relevant case law
Presented by David Burton, Partner, McCabe Curwood; Pre-eminent Third Party Insurance Lawyer (Defendant), Recommended Public & Product Liability Lawyer and Workers Compensation Lawyer (Defendant), Doyle’s Guide 2020
3.00pm to 4.00pm Public Liability: Dangerous Recreational Activities and Exclusion Clauses
- What is considered a ‘dangerous’ activity?
- What is an obvious risk?
- Case examples
Presented by John-Paul Wilson, Principal, Gilchrist Connell; Leading Workers Compensation Lawyer (Defendant), Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Liability of Joint and Several Tortfeasors
- What is a joint tortfeasor?
- What do to if there are several tortfeasors
- When can you settle a claim against one joint tortfeasor and still continue against the other and in what circumstances?
Presented by Brian Nugawela, Barrister, Michael Kirby Chambers
Presenters
Eleanor Scarff
Eleanor's practice centres on personal injuries ligation having worked exclusively in this practice area for well over a decade and has established an excellent reputation for prosecuting claims on behalf of injured persons in all areas of personal injury law.
Eleanor joined Dwyer Durack in March 2018 as the Head of the Personal Injuries Department after having been a partner at Separovic Injury Lawyers. In July 2020, Eleanor was made a Director of Dwyer Durack. She is a committee member of the Australian Insurance Law Association.
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.
John-Paul Wilson
John-Paul Wilson is a Principal of Gilchrist Connell, and has practised in the area of insurance law and litigation almost exclusively since commencing Articles in 1992. He has more than 25 years' experience in acting for insurers, self-insured, and insured in the defence of workers' compensation claims, employers' indemnity claims, public and product liability claims, property damage claims and others. He is the co-author of the most recent update of the 'Workers Compensation - Western Australia' chapter of Halsburys Laws of Australia.
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
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.