Civil Litigators Drafting Toolkit: Practical Skills
Bringing together the best speakers, you’ll master practical skills of drafting effective and precise initiating processes, defences, cross-claims, replies, and how to better craft particulars. Sharpen your drafting of interlocutory applications and supporting affidavits, knowing what is deemed admissible and relevant. Plus, learn how to get the most from your experts’ evidence and upskill on drafting clear and persuasive affidavits for lay witnesses. 2111N37
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Rebel Kenna, Director and Prothonotary, Supreme Court of NSW
9.00am to 10.00am Drafting Effective and Precise Pleadings
Using practical illustrations, you will:
- Examine initiating processes, defences, cross-claims and replies
- Analyse the view from the courts about the place and value of pleadings in modern litigation
- Address how best to be articulate a claim or defence and to craft precise particulars
- Consider when pleadings should be revisited and how applications for further particulars, amendment or strikeout should be made
Presented by Bill Ilkovski, Barrister, 8 Wentworth Chambers
10.00am to 11.00am Drafting Interlocutory Applications
- Analyse the drafting of summonses and applications
- Examine the supporting affidavit: what is needed to win the case
- Understanding what’s admissible, relevant, persuasive and effective
Presented by Anthony Cheshire SC, 8 Wentworth Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Expert Evidence
- Address how best to instruct an expert
- The Expert Guidelines
- Drafting and settling the expert report
- What is covered by privilege: instructions, draft report, information and past expert opinions
- Uniform Civil Procedure Guidelines
Presented by Florence Mitchell, Partner, Flo Mitchell Legal; Accredited Specialist in Commercial Litigation
12.15pm to 1.15pm Strategies for Drafting Lay Witness Affidavits
- Obtaining instructions
- Guide to drafting clear and persuasive lay witness affidavits
Presented by Irina Hoskinson, Barrister, Third Floor St James’ Hall Chambers
Presenters
Rebel Kenna
Rebel Kenna was admitted to practice as a solicitor in 2006. She specialised in commercial litigation, insolvency, consumer and insurance law and was a director and practice manager of a Sydney law practice. In 2011 she joined the Supreme Court of NSW as a Registrar where she regularly case manages lists and hears interlocutory applications in the Common Law, Equity, Court of Appeal and Court of Criminal Appeal divisions of the Court. Rebel has also been appointed by the Chief Justice as a mediator and regularly conducts mediations under the court annexed mediation scheme. In 2015 Rebel was appointed as Director and Prothonotary of the Supreme Court of NSW and has statutory responsibilities including the commencement of proceedings for contempt and the removal of practitioners for the local roll. Rebel is also the secretary of the Uniform Rules and Supreme Court Rules Committees.
Bill Ilkovski
Bill Ilkovski, having worked as a solicitor for 7 years, commenced as a barrister in October 2007. He read on 8th Floor Wentworth Chambers. He appears in all of the courts and most tribunals in New South Wales and in federal courts and tribunals as well. He also regularly appears in courts of other states and territories. The disputes work for which he has expertise is work that has a predominant commercial or trading element. This includes contracts disputes, property related disputes, building and construction disputes, or trade practices disputes in which he has acted for private individuals, corporations and governments.
Anthony Cheshire SC
Anthony was called to the English Bar in 1992 and practised at the bar in London before coming to Sydney in 2003. He practices from the 8th Floor Wentworth Chambers. He has a broad range of practice, in particular in the general commercial, corporations, insolvency, insurance, equity, probate and professional negligence fields. He has extensive experience in relation to the internal affairs of corporations and associations and has acted for a variety of commercial, sporting, recreational, religious, political and other bodies and their members. He has been a barrister for over 25 years and was appointed Senior Counsel in 2015.
Florence Mitchell
Flo Mitchell is a versatile, skilled litigator with vast experience representing clients in matters as diverse as employment law, defamation, compulsory acquisition, contested estates, tribunals of enquiry, business disputes and professional negligence cases involving solicitors and accountants. Flo is confident in leading and advising on large scale, complex matters and recently successfully represented a client in a claim for $17 million. In 2018, she acted for approximately 75 different clients who were affected by the compulsory acquisition of their property and businesses, negotiating settlements in excess of 300% of initial compensation offers made. Flo has also acted for a client who was successful in winning the biggest defamation verdict in New South Wales. Flo is highly regarded among her clients and peers for her pragmatic, commercial approach to resolving disputes and litigation proceedings. Her particular skill is in identifying the core issues of a matter, and supporting clients in making an informed opinion regarding the merits of their case. Flo ensures that her clients fully understand the risks and options, constantly communicates with them throughout the progress of their matter, and develops strategies and plans to prepare for the unexpected. Flo has substantial experience in most jurisdictions and regularly briefs counsel for trial, interlocutory relief, injunctions and urgent hearings. Flo has three active young children and has worked as a mentor with the Law Society of NSW, assisting women to excel in the legal profession. As well as being an accredited specialist in commercial litigation, Flo is a current Committee Member of the Law Society of NSW - for accredited specialists in Commercial Litigation. Flo holds a Masters in Health Law from the University of Sydney, and law degrees from Portobello College and Queen's University, Belfast. Flo regularly blogs and comments on contemporary legal issues.
Irina Hoskinson
Irina commenced working in the NSW Courts system in 2003. She commenced private practice in 2011. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal Circuit and Family Court and Local Court. She appeared in bankruptcy, corporate insolvency, debt recovery and family law matters. In 2020 Irina took a break from the Bar and held a position as a Senior Deputy Registrar in the Supreme Court of NSW for 14 months. Her main role while with the Court was Probate Registrar. In that role she was making decisions in relation to complex probate and administration matters; she also sat as a Common Law and Equity Registrar and presided over corporations examinations. Upon her return to the Bar, Irina currently practices mainly in probate and family provision matters. Irina is an adjunct lecturer at the College of Law (NSW). She regularly presents CPD seminars for solicitors on her areas of practice.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)