Advanced Evidence and Advocacy Master Class

Learn evidence and advocacy skills from the best. Understand the importance of a strong case theory; ensuring the admissibility of your expert evidence and making expert conclaves effective. Review legal professional privilege and implied waiver and see how technology can cleverly aid in evidence collection and collation. Then upskill your written and oral advocacy along with your advocacy on interlocutory and urgent applications and mediations. 222N06

Description

Attend and earn 7 CPD units including:
6 units in Professional Skills
1 unit in Ethics & Professional Responsibility

This program is applicable to practitioners from all States & Territories

Session 1

An Evidence Masterclass

Chair: Peter Taylor SC, 13th Floor St James' Hall Chambers

9.00am to 9.45am Developing a Case Theory to Minimise the Necessity for Lay Evidence

  • Analysing the pleadings to work out what factual issues are in controversy
  • Consider extracting admissions before putting on evidence: benefits of Notices to Admit
  • Do you really need affidavits to support your case? Other sources of evidence to consider
  • Developing strategies to deal with problematic evidence
  • Seeking to get your client out of the witness box

Presented by Zoe Hillman, Barrister, Alinea Chambers

9.45am to 10.30am Advanced Strategies for Admissible and Persuasive Expert Evidence

  • Legal ethics: the proper role of lawyers in marshalling expert evidence
  • Instructions in routine matters, and routine matters in instructions
  • Extraordinary cases and the need for expert advice about expert advice
  • Typography and expert reports: enhancing content by adjusting format
  • Meeting with experts and discussing their opinions: staying on the correct side of the fine line between conferences and coaching
  • How to disagree without being disagreeable: dealing with differences of professional opinions among expert witnesses

Presented by Philippe Doyle Gray, Barrister, 8 Wentworth Chambers

10.30am to 10.45am Morning Tea

10.45am to 11.30am Concurrent Expert Evidence: Process, Pitfalls and Strategies

  • Practical and strategic considerations regarding selection of concurrent evidence model
  • The ‘conclave’ of experts: preparation, process, role of lawyers and facilitators
  • The ‘Joint Report’: structure, admissibility, strategies for dealing with concessions by your expert
  • The ‘Hot Tub’ at the hearing: process, roles, pitfalls and examination strategy

Presented by Gregory Burton SC and Hugh Stowe, Barrister, 5 Wentworth Chambers

Ethics & Professional Responsibility
11.30am to 12.30pm Implied Waiver of Privilege and Inadvertent Disclosure: Challenges for Practitioners

  • Scope of legal professional privilege
  • Implied waiver: the grey areas and how to avoid unforeseen pitfalls
  • Challenges posed by electronic information and e-discovery
  • Third-party communications
  • Righting the ship: what to do when there is an inadvertent disclosure 

Presented by Sydney Jacobs, Barrister, Thirteen Wentworth and Vikram Misra, Barrister, Clarence Chambers

12.30pm to 1.15pm Technology for Evidence Collection, Collation and Analysis: Where is Tech up to Now?

  • Ever increasing data volumes can make it harder to find the relevant and useful – even with eDiscovery tools
  • Practical and common-sense guide to the tools now available to make sense of mountains of noisy data
  • How to make the most of your existing tools to efficiently manage data even in small matters
  • Tips for drawing insights and presenting data to communicate persuasively
  • Using technology to aid the process of briefing experts and joint expert conclaves

Presented by Fiona McLay, Principal Lawyer, McLay Legal

Session 2

Mastering Your Advocacy – Insights from the Experts

Chair: Peter Taylor SC, 13th Floor St James' Hall Chambers

2.00pm to 3.00pm Refining Your Written and Oral Persuasive Skills

  • What is advocacy? Why is it important?
  • The keys to effective preparation and presentation
  • Implementing theory- practical tips to build confidence and fluency

Presented by Michelle Painter SC, Nine Selborne Chambers

3.00pm to 4.00pm Advocacy on Interlocutory and Urgent Applications for Practitioners

  • Laying the groundwork
  • Ex parte or short service?
  • Articulating the cause of action
  • Evidence and submissions
    • Prima facie case
    • Balance of convenience
  • Interlocutory orders and final relief

Presented by Tom Hollo, 12 Wentworth Selborne Chambers

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Advocacy in Mediation – Without a Judge, How and Why Good Advocacy in Mediation is Different

  • Why mediation requires a different mindset to litigation
  • Essential mediation preparation for lawyers and clients
  • What are the essential advocacy skills for lawyers in a mediation
  • Matching mediation advocacy with realistic expectations and outcomes: for both lawyers and clients
  • Best ways to remove roadblocks to resolution

Presented by Campbell Bridge SC, 7 Wentworth Selborne Chambers

Presenters

Zoe Hillman
Zoe Hillman is a barrister practising from Alinea Chambers. Zoe's practise is focused on corporate and commercial law matters, including shareholder disputes. Prior to coming to the Bar, Zoe practised in banking and insolvency litigation at King & Wood Mallesons and was a partner of the boutique corporate and commercial law firm, Atanaskovic Hartnell. 

Philippe Doyle Gray
Philippe is a barrister at 8 Wentworth Chambers in Sydney. With nearly 20 years’ experience at the Bar, he maintains a diverse civil law practice, ranging from commercial and equity matters to professional negligence, professional disciplinary matters and disputes between legal professionals and their clients regarding legal costs and disbursements. A pioneer in integrating information and communications technology, Philippe is a forward-thinking and progressive barrister who, through technological innovation and superior legal project management skills, seeks to enhance the cost-effectiveness and delivery of justice. Philippe has run a paperless practice for over a decade and adds significant value to his clients as they traverse the difficulties and complexities brought about by the COVID-19 pandemic.

Gregory Burton SC
Gregory Burton SC practises primarily in commercial/equity matters, at trial and appellate levels, from 5 Wentworth Chambers, with a focus on corporations, finance and securities, insolvency, insurance, trusts, property (intellectual, personal, real) and succession/family provision. He took silk in 2004. He is also a long-standing mediator and arbitrator, expert determiner, and domain name dispute determiner for auDA. He is Procurator (church counsel) for the Presbyterian Church of Australia, federally and in some States, and has chaired or been involved with dispute panels for various organisations. He is a part-time Senior Member in NCAT's Commercial and Consumer Division and Appeal Panel. 

Hugh Stowe
Hugh Stowe is a member of 8th Floor Wentworth Chambers, and has been at the bar for 10 years. He practices in equity and commercial litigation, with specialisation in insolvency and corporations law matters. While at the Bar, he served for 3 years as legal adviser of the Disciplinary Tribunal of the ASX, in which capacity he sat in on disciplinary proceedings before that Tribunal. He has also served for 4 years on a Professional Conduct Committee at the Bar, being a committee involved in disciplinary proceedings against barristers. Has written papers and delivered seminars on various topics, including bias, expert evidence, legal professional privilege, corporations law, the ethics of witness preparation, restraint of trade. 

Fiona McLay
Fiona has spent the past 25 years as a dispute resolution lawyer working across the legal industry in top tier, mid tier, small firm, a NewLaw firm and in-house. Currently working as a freelance lawyer, she has an insider’s view as to how firms across the industry are actually using (or not using) tech. Long hours, inefficient processes and constant pressure to do more with less drove her to find ways to use tech to work more efficiently. With no budget, no IT support and (possibly because of) no innovation committee, she discovered how powerful a tech-enabled lawyer could be in litigation up against a much better resourced opponent. And with a significantly reduced risk of paper cuts. 

Michelle Painter SC
Michelle Painter SC practices primarily in commercial law, including commercial disputes, construction law, equity and trusts, family provision and probate. She has extensive experience in restraints of trade within the context of commercial and employment law. Michelle also has extensive and recent experience in commissions of inquiry, including appearing in the Royal Commission into Trade Union Governance and Corruption and as counsel assisting in ICAC. Michelle commenced legal practice as a solicitor in 1991 at Freehill Hollingdale & Page. From about 1992-1998, Michelle was a solicitor in the Australian Government Solicitor, primarily in the Competition Law Unit.

Tom Hollo
Tom is a barrister at 12 Wentworth Selborne Chambers and has been practising at the Bar since 2013. Tom was a solicitor for 13 years prior to coming to the Bar and for two years was a partner of a large Sydney based commercial firm. During that time, Tom was involved in advising and conducting litigation in a wide range of commercial disputes as part of a busy general commercial litigation practice. Since coming to the Bar, Tom practises predominantly in the areas of commercial contract disputes, corporate governance and directors’ duties disputes, property disputes (including strata title schemes), banking and financial services disputes and trust and funds management disputes. Tom regularly appears in Federal and State courts and tribunals.

Campbell Bridge SC
Campbell Bridge SC was admitted to the NSW Bar in July 1977 and appointed Senior Counsel in 1998. His practice has predominately involved complex professional negligence, commercial, product liability, public liability and professional indemnity cases both as counsel and as a mediator. He has acted in numerous major inquests and as Counsel Assisting in a Royal Commission. He is an Accredited Mediator in Australia and is a guest international mediator of PMN (Indonesian Mediation Centre). He is on the arbitration panels of KLRCA (Malaysia), ACICA (Australia) and BANI (Indonesia). He is the only non-Indonesian accredited as both an Arbitrator and Mediator in Indonesia.

Peter Taylor SC
Peter Taylor was admitted to the Bar in November 1977. Peter was appointed Senior Counsel in NSW in 1993, and Queens Counsel in SA in 1994 and WA in 1996. Peter was the editor LexisNexis Ritchie's Supreme Court Procedure from 1984 and 2005. Since 2005 he has been the General Editor of Ritchie's Uniform Civil Procedure - the pre-eminent NSW civil litigation practice manual. Peter was a member of the NSW Legal Practitioners Board between 1994 and 2004. He was the inaugural chairman of the NSW Bar Advocacy Committee from 1996 to 2000. He is a former Chair of the Australian Institute of Advocacy Teacher Training sub-committee. Since 2006 Peter has been a Senior Member (Part Time) of the Administrative Appeals Tribunal.

Sydney Jacobs
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. Underscoring a life dedicated to the law (when he is not snowboarding), Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters).

Vikram Misra
Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice, however he is frequently briefed in the areas of taxation law, property law, contract law, construction law and equity. Vikram currently contributes regular posts to Legalwise Seminars on: Caveats; Practice and Procedure; and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents for BenchTV and CPD for Me. Vikram is also a contributing author to the Security of Payment (NSW) section of the looseleaf Commercial Arbitration Law and Practice Service for Thomson Reuters. Vikram was previously employed as a casual academic for the University of Sydney Law Extension Committee, Sydney NSW where he marked contract law exams.

Venue

Cliftons - Spring Street

Level 3, 10 Spring Street
Sydney 2000
NSW
Australia

Cliftons - Spring Street

 

Parking Information
Parking not included in you registration. Here are some options below.

Secure Park 20 Bond Street - click here for rates
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Directions
Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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