Discovery and Disclosure Intensive
Join a panel of litigators as you explore the importance of discovery. Consider key principles and application of pretrial discovery, gain a refresher of the impact on trial, and explore the latest developments in disclosure and discovery. Understand the important ethical issues around waiver of privilege and then finish with an informative panel discussion on tricky scenarios with discovery. 223W14
Description
Attend and earn 4 CPD points including:
3 units in Competency Area 2: Professional Skills
1 unit in Competency Area 3: Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Chair: Anthony Willinge, Barrister, Francis Burt Chambers; Leading Commercial Litigation & Dispute Resolution Junior Counsel, Doyle’s Guide 2021
Competency Area 2: Professional Skills
9.00am to 10.00am Pretrial Discovery: When to use it, Its Principles, and its Application
- When should it be sought and what are the legal elements?
- The Harman principle, its operation in Australia and how it may limit the scope of use and disclosure
- How pretrial disclosure may apply to civil actions for economic loss
Presented by Robert Lindsay, Barrister, Sir Clifford Grant Chambers
Competency Area 2: Professional Skills
10.00am to 11.00am Disclosure and Discovery: Basics and Latest Developments
- What must be discovered?
- When and how to seek and give discovery
- The impact of discovery on trial
- Explaining discovery to your client
- How to give and understand discovery properly
- Costs implications
- Practical tips
- Alternatives to discovery
- Challenging discovery
- Requiring further discovery
- Relevance and Privilege
Presented by Katja J Levy, Principal, Rossello Legal
11.00am to 11.15am Morning Tea
Competency Area 3: Ethics & Professional Responsibility
11.15am to 12.15pm Ambit of Disclosure, Implied Waiver and Inadvertent Disclosure: Challenges for Practitioners
- What must be discovered
- What advice must be given as to obligations
- Scope of privileges
- Implied waiver: how can privilege be lost?
- Challenges posed by electronic information and e-discovery
- Third-party communications
- What happens when privileged or protected material is inadvertently disclosed
Presented by Richard Douglas, Barrister, Francis Burt Chambers
Competency Area 2: Professional Skills
12.15pm to 1.15pm PRACTICAL PANEL DISCUSSION: Tricky Scenarios with Discovery: A Panel Discussion
Explore scenarios that can arise relating to discovery and consider practical and tested strategies to resolve these situations.
Panel Discussion with:
Anthony Willinge, Barrister, Francis Burt Chambers
Richard Douglas, Barrister, Francis Burt Chambers
Katja J Levy, Principal, Rossello Legal
Robert Lindsay, Barrister, Sir Clifford Grant Chambers
Natalie Wigg, Director of Legal Operations – APAC, Technip FMC
Presenters
Anthony Willinge
Anthony obtained his law degree from the University of Western Australia, graduating with honours and the Frank Edward Parsons Memorial Prize in Law. He also has a Masters of Law with distinction from the University of London, where he studied Wigmorean analysis and evidence and proof. Anthony commenced his career as the Professional Assistant to the Crown Counsel for WA and the Associate to Justice Scott before becoming a crown counsel at the Crown Solicitor’s office for a number of years. He then joined Blake Dawson where he became a Partner and the head of the firm’s commercial litigation practice in Perth. Anthony joined the independent Bar in 2009. Anthony is also an Adjunct Professor at the University of Western Australia where he has been teaching Advanced Evidence and Proof for around 20 years.
Robert Lindsay
Robert Lindsay has practiced at the Independent Bar in Perth since 2000. Robert has argued many cases involving migration law in the Federal and Full Federal Court and before disciplinary tribunals. He also practices in the areas of employment, corporate, construction and criminal law. He represented, as lead Counsel, Chen Shi Hai against the Minister in the High Court and also William Mitchell, who had been given life imprisonment without parole by the WA Appeal Court.
Katja J Levy
Katja Levy provides specialist and expert advice in relation to all commercial, corporate and operational matters, with a focus on restructuring and insolvency, and major and complex or difficult projects. She also has expertise in dispute resolution in banking, construction, property, regulatory, cyber security, and information technology and services. Katja has a detailed understanding of best practices in governance and risk management as well as the current issues facing corporations and the role and responsibilities of company directors. With recent experience as an independent barrister, Katja's practice includes a broad range of work, including as counsel in complex trials and appeals.
Richard Douglas
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.
Natalie Wigg
Natalie is the Director of Legal Operations - APAC, for TechnipFMC. A Construction, Engineering and Infrastructure lawyer, she has extensive front end experience in oil and gas, mining and construction projects, power generation and urban redevelopment projects. Natalie is also an experienced dispute resolution lawyer, having represented clients in mediation, adjudication, arbitration and litigation before moving in-house to TechnipFMC. Natalie's experience has covered a broad range of construction disputes working on matters relating to the resources and construction industries in Australia and abroad.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.