Abuse Law Symposium
Catch up on the most urgent issues impacting abuse claims. Gain insights into the latest decisions on vicarious liability, permanent stay applications, damages awards, the defence of consent for an Applicant under 18 years, and when & how to successfully make an application for a freezing order. Traverse mediating strategies, learn how victims of domestic violence can harness the civil law and hear about how to deliver trauma informed outcomes for vulnerable clients. WEB223N39
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Roundup of Current Legal Issues
Chair: Maria Skordou, Principal, Restore Legal
9.00am to 10.00am Update on Abuse Law in the Context of Liability of ‘Employers’ for the Criminal Acts of ‘Employees’
- From Deatons v Flew to A v Bird & Little Pigeon and now, DP v Bishop Bird
- Vicarious liability and public policy
Presented by Anne Healey, Barrister, Frederick Jordan Chambers
10.00am to 11.00am Update on Permanent Stay Applications and Recent Damages Awards
- Factors relevant to a decision to permanently stay proceedings involve balancing the right of victims to prosecute vs right of defendants to a fair trial:
- Lack of evidence due to passage of time
- Assessment of prejudice for the defendant in mounting a defence
- Considering any prejudice due to fault of defendant
- Application and discussion of:
- Moubarak by his tutor Coorey v Holt [2019] NSWCA 102
- Ward v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2019] NSWSC 1776
- The Council of Trinity Grammar School v Anderson [2019] NSWCA 292
- GMB V UnitingCare West [2020] WADC 165
- Analysis of how courts from several jurisdictions around Australia have recently assessed and awarded damages.
Presented by Luke Geary, Partner, Mills Oakley; Best Lawyers 2022, Non-Profit/Charities Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm But First, Duty of Care
- The history of vicarious liability in Australia and the UK;
- Special Relationships:
- Foster Care
- Sporting associations
- Colleges and universities
- Individual perpetrators
Presented by Nina Edwards, Practice Leader, Senior Associate - Abuse Law, Shine Lawyers
12.15pm to 1.15pm Abuse Claims and Freezing Orders
- What is a freezing order?
- How to apply for one in an abuse case
- How to effectively defend these orders
- The benefits of freezing orders in abuse cases particularly involving private non-insured defendants
Presented by David Baran, Barrister, Jack Shand Chambers; Recommended Insurance & Personal Injury Law Junior Counsel, Doyle’s Guide 2020
Session 2
Domestic Abuse Claims, Trauma Informed Practice and Mediation
Chair: Jacqueline Haski, Partner, Moray & Agnew
2.00pm to 3.00pm How to Seek Civil Damages for Domestic Abuse
- Filing a claim
- Obtaining a civil verdict
- Freedom to #LetHerSpeak
Presented by Dr Amanda Gearing, Researcher, Journalist, Author, Broadcaster and Leila Fisher, Lawyer, survivor of domestic abuse and formerly Advocate, White Ribbon
Professional Skills
3.00pm to 4.00pm Managing Trauma During the Claims Process: A Socio-Legal Approach
- The unique needs of trauma survivors in the litigation process
- Shine’s experiences using a socio-legal collaboration where mental health practitioners work alongside the legal team to deliver trauma informed effective legal outcomes, sharing learning and processes used to deliver trauma informed care
- Learnings and growth opportunities for Abuse law practice in Australia
Presented by Karen Spitz, Lead Counsellor, Shine Lawyers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Mediating Historic Child Abuse Claims: the Power of an Apology and Common Barriers to Settlement, as Observed by the Mediator
- What makes for a truly empowering apology
- Gold standard case preparation tips
- Some basics of human behaviour, the drivers of conflict and how the mediation process can address these
- Mediator observations of common barriers to settlement on both sides, how these may be avoided and what the mediator can do to assist
Presented by Karen Stott, Founder and Principal, Karen Stott- ADR and Mediation Services; Leading Mediator, Doyle’s Guide 2021
Presenters
Maria Skordou
Admitted to practise as a solicitor of the Supreme Court of Queensland on 31 January 2000, Maria has practised exclusively in the area of compensation law for the last sixteen years. In May 2002, Maria joined a growing plaintiff litigation firm which now has a national presence and is listed on the ASX. She was employed by that firm for over 16 years, becoming a partner in June 2009. On 1 August 2018, Maria launched Restore Legal in which she will continue to engage in her passion of helping every one of her clients achieve the best possible outcome at the earliest opportunity.
Anne Healey
Anne is an experienced criminal barrister who accepts briefs for the prosecution and the defence in criminal trials and appeals. Anne also has extensive experience in personal injury, family provision matters, as well as discrimination. Anne has over 30 years’ experience assisting clients to achieve the best results, in both criminal and civil cases, through advocacy in Court, and in mediation and negotiation. She is dedicated to her clients and to the rule of law, thorough in all aspects of her work and aims for the highest personal integrity and professionalism.
Luke Geary
Luke is a Partner in the Mills Oakley Not-For-Profit & Social Enterprise team in Brisbane and has extensive experience in the Not-For-Profit sector. Luke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. Luke appeared as a legal advisor in a number of public hearings before the Royal Commission, he participated in many of the Royal Commission’s roundtables (both public and private) for the development of policy positions.
Nina Edwards
Nina Edwards is an Associate within Shine Lawyers’ Abuse Law Practice and works alongside a team of dedicated professionals to bring justice to clients across Australia. Nina joined Shine Lawyers in 2012. She commenced work for the firm in the Major Claims Department where she gained experience assisting clients with complex cases and needs. She moved into the Abuse Law Department in October 2013. Since then she has worked with clients seeking justice from church and church-run institutions, schools, universities, and state and federal government departments. Nina has worked on some of the firm’s most significant actions brought on behalf of abuse survivors, including those brought against the Australian Defence Force, the State of Queensland, Brisbane Grammar School, St Paul's School, Brisbane Boys College, The Church of England Grammar School, The Synod of the Anglican Diocese of Brisbane, the Catholic Church and the Anglican Church in Tasmania. Previously, she worked as a Law Clerk for one of Queensland’s largest construction and engineering companies. Nina’s strengths as a Solicitor are grounded in her ability to relate to her clients regardless of their circumstance. She builds a strong rapport with all she represents, and will handle each claim with compassion, patience and understanding. For Nina, it is an honour and privilege to be able to stand for her courageous clients, and she is continually inspired by the tremendous challenges they overcome in the face of great adversity.
David Baran
David Baran was called to the Bar on 01 November 1991 and since that time has conducted a general practice but has concentrated primarily on common law in particular damages for personal injury with a specific focus on psychiatric injury representing both plaintiffs and defendants. He was recently involved in the case brought by the detainees of the Don Dale Detention Centre in the Northern Territory. He maintains the record for one of the highest verdicts of exemplary damages for malicious prosecution in Nye v State of New South Wales [2002] NSWSC 1212.
Dr Amanda Gearing
Amanda Gearing is an Australian investigative journalist, author and broadcaster. Her work has led to law reform and to various inquiries in Australia and Britain. She has won many awards for her print and broadcast journalism including a Walkley Award in 2012. As an academic, Amanda presents guest lectures on specialist topics such as how to ethically interview people who have experienced severe trauma. Her reporting in 2013 of an international child sexual abuse scandal in the Anglican Church in Australia and the Church of England led to an inquiry and significant reforms of the Church of England in Britain.
Leila Fisher
Leila Fisher, solicitor, was admitted to the NSW Supreme Court in 1996. Leila spent the first 20 years of her career in construction law as in-house counsel, educator, consultant and lead negotiator for various multi-nationals in mining, renewables and the commercial building space. She is the creator of Family Law 101, an education platform, which provides workshops and seminars to family law professionals and separated parties including self-represented litigants. Family Law 101 has a thriving social media presence of litigants, lawyers, mediators and mental health practitioners.
Karen Stott
Karen Stott has been a full-time mediator and facilitator since 2016, with over 20 years of litigation experience acting for plaintiffs and defendants. Karen’s mediations practice covers a range of matters including abuse law, medical negligence, motor accidents, worker injury, occupier liability, professional negligence, commercial matters, building & construction, insolvency, and the like. Mediation of abuse claims has included multiple jurisdictions and institutions / respondents, nearing 200 matters to date. Karen has been a Court-appointed mediator to the ACT Magistrates Court since 2017 and was appointed as a sessional mediator to the NSW Personal Injury Commission in 2022. She has been named by ‘Doyle’s List’ as a Leading Mediator NSW each year since 2018.
Karen Spitz
Shine Lawyers’ Counsellor Karen Spitz supports the firm’s Abuse Law clients and embeds trauma-informed practices across Shine. With undergraduate and master’s degrees in law, Karen is well-positioned to provide informed counselling to clients throughout their legal journeys. Karen utilises a psycho-social recovery model to help clients with illnesses including, but not limited to, psychiatric disability and complex trauma. Her work at Shine has given her the privilege of working with those who have suffered due to the negligence of large institutions, including members of the Stolen Generation. As well as delivering trauma training internally, Karen has hosted trauma-informed practice workshops nationally.