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
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km