Evidence and Advocacy Forum
Issues covered include: preparation, lay witness, supporting evidence, relevance, admissibility, ethical issues, expert evidence, discretionary rulings, voir dires, disclosure, managing subpoenas, Royal Commissions, compulsory examinations, transcripts, abrogation of privilege, persuasive advocacy, interlocutory applications, urgent applications, mediation, advocacy in mediation
Description
Effective evidence provides the foundation to a solid case. Skilled advocacy provides the tools to build that foundation into a winning case. Without either, everything will crumble. Master how to leverage your persuasive evidence, minimise the need for superfluous evidence and ensure it’s all admissible. Then gain valuable insights on advocacy from some of Brisbane’s foremost advocates so you’ll have the tools for success in any matter.
Attend and earn 7 CPD units including:
3 units in Legal Knowledge
3 units in Professional Skills
1 unit in Practical Legal Ethics
This conference was recorded in QLD on 21 March 2019
Session 1
Evidence Masterclass: Strategies, Admissibility and Privilege
Chair: Paul McQuade QC, Level Twenty Seven Chambers; Preeminent Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2018
9.00am to 9.45am: Preparation of Lay Witness and Supporting Evidence
- Relevance
- Admissibility
- Ethical Issues
- Practical Issues
Presented by Jo Sorbello, Barrister, 31 West Chambers; Accredited Specialist in Personal Injuries Law
9.45am to 10.30am: Adducing Admissible and Persuasive Expert Evidence: Key Issues
- Is the issue one properly for expert opinion?
- Do I have the right expert for the job?
- Am I asking the expert the right questions?
- How can I improve the expert’s draft report?
- How do I ensure the expert performs well in the expert conclave and at court?
Presented by Melanie Hindman QC, Northbank Chambers and Nola Pearce, Barrister, Level Twenty Seven Chambers
10.30am to 11.15am: Advance Discretionary Rulings on Admissibility of Evidence
- Expert opinion evidence in civil litigation: issues regarding the admissibility and exclusion of expert evidence
- Advance rulings and voir dires on admissibility of expert evidence in Federal and Queensland state courts
Presented by Charles Wilson, Barrister-at-Law, Level 12, Inns of Court
11.15am to 11.30am Morning Tea
Practical Legal Ethics
11.30am to 12.30pm: Understanding and Meeting the Challenge of Disclosure Obligations
- Analysis of key legislation and obligations
- Tensions with privilege obligations and avoiding inadvertent waiver
- Confidential documents and the challenges of managing the clients expectations against the disclosure rules
- Managing subpoenas
- War stories from actual cases
Presented by Dale Cliff, Partner, Mills Oakley
12.30pm to 1.15pm: Subsequent Use of Evidence Given in Royal Commissions and Compulsory Examinations
- The admissibility and use of evidence given before a Royal Commission or during a compulsory examination
- Use of transcripts from compulsory examinations
- Abrogation of privilege before Royal Commissions and its consequences
Presented by Richard Perry QC, 31 West Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Advocacy Insights from the Experts
Chair: Graeme Page QC, Brisbane Chambers
Professional Skills
2.00pm to 3.00pm: The Art of Storytelling in Persuasive Advocacy
- Where do I begin? Marshal your material
- What story do I need to tell? Identify the issues
- How do I make it interesting? Bring the facts to life
- How do I make it credible? Give your story legal rigour
- How do I convince the Bench? Be true to your tale
Presented by Graeme Page QC, Brisbane Chambers
Professional Skills
3.00pm to 4.00pm: Advocacy on Interlocutory and Urgent Applications
- Identifying the type of application to be made (Urgent injunction? Search order? Freezing order?)
- Get to the point: What is your client’s cause of action? Why is there a serious question to be tried? Why is the balance of convenience in your client’s favour?
- Consider and prepare for likely questions from the Bench
- Consider and prepare for likely submissions from respondent (if not ex parte)
- Appearing for the respondent
- Ethical considerations
Presented by Tim Matthews QC, Barrister, Level 15 Inns of Court Chambers and Dom Ferraro, Level 10 Inns of Court Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm: Advocacy in Mediation: Finding, Exploring and Challenging the Real ‘Why’ Impeding Resolution
- Identification of the factual issues
- Identification of the legal issues
- Identification of the emotional issues
- Preparing the proper evidence
- Preparing your client
- Preparing yourself
- Persuasion in mediation is not of a judge but another party and their lawyer
Presented by Jenny Rimmer, Jenny Rimmer Mediations; Nationally Accredited Mediator; former Federal Magistrate, Federal Magistrates Court (now the Federal Circuit Court) and Registrar of the Family Court of Australia