Litigation Skills: Disclosure, Evidence and Advocacy
Bringing together the best speakers, you’ll master practical skills in the collection and assessment of evidence and sharpen drafting and preparation skills of lay witness and supporting evidence. Learn how to brief and get the most out of your expert witnesses. Finally, hear from and gain valuable insights from some of the best advocates on taking take your advocacy for interlocutory applications and mediations to the next level. 223Q09
Description
Attend the full day and earn 7 CPD units including:
1 unit in Legal Knowledge
1 unit in Practical Legal Ethics
5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Collection and Assessment of Evidence: Disclosure and Privilege
Chair: Tim Matthews MBE KC, Level 15 Inns of Court
9.00am to 10.00am Pre-litigation Disclosure: Principles and Recent Cases
- What are the principles of pre-litigation discovery?
- What is the ‘Harmon Principle’: When does it apply?
- What is the scope of action that give rise to pre-trial discover
- Recent cases
Presented by Mark Martin KC, Level 10, Inns of Court; Recommended Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2020
Professional Skills
10.00am to 11.00am Post Action Disclosure Update
- Principles governing disclosure
- Compliance with disclosure obligations
- Enforcing compliance to disclosure
- Notices of non-party disclosures; what you are seeking, misuse, when to issue them and what you seek disclosure of and formal requirements
- Challenging notices of non-party disclosure
Presented by Allana Agnew, Director, Agnew Litigation & HR; Accredited Specialist in Commercial Litigation
11.00am to 11.15am Morning Tea
Practical Legal Ethics
11.15am to 12.15pm Implied Waiver of Privilege and Inadvertent Disclosure: A Refresher for the Senior Practitioner
Consider the interface between ethical principles and litigation strategy
Presented by Mark Steele, Barrister, Northbank Chambers
Professional Skills
12.15pm to 1.15pm Speak No Evil: Evidentiary Considerations for Claiming Privilege Against Self-Incrimination and Penalty
- When to claim penalty/self-incrimination privilege under the Australian Consumer Law, Corporations Act and regulatory proceedings
- Evidentiary requirements to successfully claim privilege
- The ‘something more’ needed in evidence in non-penalty civil proceedings
Presented by Melanie Quixley, Principal, Barry Nilsson; Best Lawyers 2022, Product Liability, Personal Injury and Insurance Litigation; Recommended Public & Product Liability Lawyer, Doyle’s Guide 2020
Session 2
Lay and Expert Evidence & Advocacy for Applications and Mediations
Chair: Tim Matthews MBE KC, Level 15 Inns of Court
Professional Skills
2.00pm to 2.45pm Drafting and Preparation of Lay Witness and Supporting Evidence
- Relevance
- Admissibility
- Ethical Issues
- Practical Issues
Presented by Sarah Holland, Barrister, Higgins Chambers
Professional Skills
2.45pm to 3.30pm How to Brief and Getting the Best Out of Your Expert Evidence
- How best to instruct an expert
- Drafting and settling the expert report
- What is covered by privilege: instructions, draft report, information and past expert opinions
- Maximising the admissibility and probative value of their report
- The fine line between pre-trial conferences and coaching
Presented by Nola Pearce, Barrister, Quay 11 Chambers
Professional Skills
3.30pm to 4.15pm Advocacy for Interlocutory 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 Jane FitzGerald, Barrister, French Quarter Chambers & Mediation Centre
4.15pm to 4.30pm Afternoon Tea
Professional Skills
4.30pm to 5.15pm Advocacy in Mediation: Objectives, Preparation, Presenting and Closing the Deal
- 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 Gerard Forde, Barrister and Accredited Mediator, Level 12 Barristers Chambers; Leading Mediator, Doyle’s Guide 2021
Presenters
Tim Matthews MBE KC
Tim Matthews is the senior barrister with Chambers at Level 15 of the Inns of Court. Tim is one of the third generation of the Matthews family to practice law in Queensland after his father, the late Honourable RH Matthews KC (Supreme Court Judge, 1967-1989) before him and his grandfather, the late Honourable BH Matthews (Supreme Court Judge, 1945-1961) before him. During Tim's career at the Bar, he has had many interests outside the practice of law, including many years' service at the Queensland Rugby Union Judiciaries and the Queensland Rugby Referees' Association. He is an accredited Umpire with Cricket Australia. Following a Matthews' family tradition, he is also an avid fisherman, both from the beach and off shore. He has two sons, Charles, who also practices as a Barrister in Brisbane and James, a Medical Practitioner at a major south-east Queensland hospital. Tim regularly travels to the Solomon Islands to appear in the High Court as leading counsel in commercial and resources cases. He has a wide practice in many areas but particular interests in common law, building and construction cases and alternative dispute resolution. He is a Nationally Accredited Mediator and an extremely experienced appellate and trial Barrister. Tim was appointed a part time Sessional Member of QCAT in December 2019. On 9 October 2020 Tim was made a Member of the Order of the British Empire (MBE) in the Queen’s Birthday Honours List, for services to the National Judiciary of the Solomon Islands.
Mark Martin KC
Martin KC practices in the following areas: Commercial, Property and Insolvency and Defamation. He was admitted as barrister in 1987 and King's Counsel in 2013. Qualification includes B Com LLB. He has done Pro Bono Work for the Honorary Counsel for QJRU and Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 26, 25 and 22. and a girl aged 18. His interest includes participating in Triathlon, mountain bike riding and snow skiing.
Allana Agnew
Allana Agnew is the director of Agnew Litigation & HR Pty Ltd specialising in employment law and commercial litigation (financial services, property development, building and construction, mining and animal care and veterinary industries among others). Allana is Specialist Accredited in commercial litigation (Queensland), receiving the highest achievement award for that class in 2016. She has over 12 years’ experience litigating in the various State and Territory Courts and in the Federal Courts for a broad range of disputes involving director and shareholder disputes, commercial contracts, joint ventures, misleading or deceptive representations and conduct in respect of marketing materials and capital raising documents as well as adverse action claims.
Mark Steele
Mark Steele has been in private practice at the Queensland Bar since 2005. He practises predominantly in commercial, building, succession and administrative law. Before coming to the Bar, Mark worked for two large national law firms, and before that he worked for the BSE Inquiry in the United Kingdom.
Melanie Quixley
Melanie Quixley is a principal in Barry.Nilsson. Lawyers’ Insurance & Health team and is based in the Brisbane office. Since joining Barry.Nilsson. in 2003, she has developed a practice in the areas of general liability and professional indemnity acting for local and overseas insurers, and directly for large corporate entities. Melanie is recognised for her partnering with her clients to bring about the best value outcome for them and for her technical skills. Melanie has also been consistently listed in the Best Lawyers for Personal Injury Litigation and Product Liability Litigation and Doyles Guide for Public and Product Liability and Professional Indemnity over many years. She was also the exclusive winner of the 2018 and 2021 Client Choice Award for Insurance in Australia which recognises solicitors from around the world for the level of client care they provide and the quality of their service.
Sarah Holland
Sarah has a civil and commercial practice. She appears in the Supreme and District Courts of Queensland and the Federal Court of Australia. She is the Editor of the Queensland Law Reporter. She holds a BA/LLB (Hons) from UQ and an LLM from the University of Dublin, Trinity College. She has held various academic roles including as course coordinator for Media Law and course coordinator of Planning Law at the University of Queensland. She is also an Adjunct Lecturer in advocacy at the College of Law. Prior to being called to the Bar she was a solicitor with Mallesons Stephen Jacques (now King and Wood Mallesons) and Associate to the Honourable Susan Crennan AC KC in the Federal Court at Melbourne and she has worked internationally in London, Dublin and Paris.
Nola Pearce
Nola Pearce has nearly twenty years’ experience formerly as a solicitor and now as a commercial barrister in successfully defending professional negligence claims and conduct charges against barristers, judges, solicitors and a range of medical, financial services and construction professionals. She is often called on to advise and represent professional regulatory authorities (or practitioners subject to their authority), including those of the legal profession, and presently is advising a major public interest client about ethical issues in a prominent statutory authority. Nola excels in conducting civil litigation with strategy and efficiency, across her key practice areas of professional liability and disciplinary proceedings, contractual and consumer law disputes, insurance, negligence, review of administrative decisions, commissions of inquiry and inquests. She is the immediate past Chair of the Queensland Law Society’s Ethics Committee, and contributed to the Society’s first edition commentary to the Australian Solicitors’ Conduct Rules.
Jane FitzGerald
Jane FitzGerald has been a barrister at the private Bar in Queensland since 2009. Prior to coming to the Bar, she was admitted as a solicitor for 10 years specialising in litigation. She has a commercial practice at the Bar which encompasses contract, corporate, property, medical negligence, personal injury, judicial review, insurance and building and construction disputes. In addition to her practice as a barrister, Jane also teaches and provides communication consulting services both in Australia and overseas. She consults to Queensland Bar Practice Course, the College of Law, the National Institute of Trial Advocacy (USA) and other firms, groups and individuals offering communications advice and workshops. She completed teacher training with NITA in 2009, and achieved her Advocate and Master Advocate Designation from NITA in 2011. In essence, Jane provides consulting services to lawyers on how to deliver an argument, bringing her experience as a barrister but also as a former professional actor when working with her clients.
Gerard Forde
Gerard Forde was admitted as a Barrister in 1989 after having completed his articles and practicing as a solicitor for three years. He is a general commercial Barrister practising in the areas of commercial litigation, construction law, insolvency and succession. Gerard is an approved mediator in the Supreme and District Courts of Queensland and has been an active mediator for over 15 years.
Venue
Sofitel Brisbane Central
Level 2, 249 Turbot Street
Brisbane 4000 QLD
Australia
Parking information
Parking is not included in your registration.
There is parking within the hotel's onsite car park:
0 to 1/2 Hr $17.00
1/2 to 1 Hr $35.00
1 to 2 Hrs $42.00
2 to 3 Hrs $55.00
3 to 4 Hrs $65.00
4+ Hrs $65.00
Motorbikes $10.00
In-house Guests (24hr) $47.00
Valet Parking (24hr) $57.00
Lost Ticket $65.00
Directions
Sole entrance to the hotel from Turbot Street. The doors that lead from Central Station to the hotel will be locked and labeled “Meeting Point”, so guests will know where to start their journey. Displayed will be a QR code that when scanned will play a video of one of Sofitel Ambassadors guiding you to the Turbot Street entrance should you need direction. There is also directional signage installed on the walls & floor within Central Station that will clearly guide you to the hotel. Should you need lift assistance please let Sofitel know your travel details and they will have an ambassador escort you to a lift and into the hotel.
Alternatively, you can enter the hotel via Harelquin Jack (located within Central Station) Monday - Friday, 11:00am - 8:30pm.
For further assistance, please call the hotel on 0468 566 719 and one of the friendly Ambassadors will find you at the Meeting Point to guide you to the entrance.