Essentials of a Personal Injury Claim
Personal injury lawyers need to master many professional skills; drafting, retaining experts, the how, when and why of briefing a barrister and, with significant delays in obtaining a date for hearing in personal injury cases, knowing how best to utilise a mediation. All these are skills worth honing. Join our panel of personal injury experts to delve into the finer points of running a claim. 226W02
Description
Attend and earn 4 CPD points in Competency Area 2: Professional Skills
This program is based on WA legislation
Chair: John Fiocco, Barrister, Fourth Floor Chambers, Recommended Insurance & Personal Injury Law Barristers Doyles Guide 2021
9.00am to 10.00am The Importance of Pleadings: the Statement of Claim and Reply
- Why pleadings matter; the benefits of pleadings being as clear, concise[DT1] and well-presented as possible
- The structure of the Statement of Claim; what is required and what is not
- When is it necessary to file a Reply and the advantages of doing so
- How pleadings lend hand to submissions, both at trial and when negotiating
Presented by Adam Stewart, Barrister, John Toohey Chambers
10.00am to 11.00am Working with Experts
- Use of experts to solidify your position in a case whilst maintaining a duty to the Court
- Duties to the Court held by experts; what does this mean?
- How to balance any conflicts that arise?
Presented by Hayley Cormann, Barrister, Quayside Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm The Art and Science of Briefing Counsel
- The role of counsel and the advantages of briefing counsel in a personal injury claim
- The expectations of counsel and the instructing solicitor
- The cab-rank rule
- Tips on briefing counsel to get the best result for you and your client
Presented by Roger Sands, Barrister, Arundel Chambers
12.15pm to 1.15pm Trial Preparation, Advocacy and Negotiation Skills
- How to prepare a personal injury action for trial
- Practical tips on how to successfully negotiate a favourable personal injury settlement
- Advocacy skills;
- How to open your case
- Cross examine
- Re- examine
- Use of Expert evidence
- Use of surveillance
- Closing address
Presented by David Burton, Partner, McCabes
Presenters
John Fiocco
Admitted in 1973, John Fiocco holds an LL.B degree from The University of Western Australia and an LL.M degree from the University of Virginia, USA. Currently, practising exclusively as a Barrister from Fourth Floor Chambers, he is also an Adjunct Associate Professor of Law at The University of Western Australia. He is the Chairperson of the Legal Practice Board. In 2010, he was awarded Life Membership of the Law Society of Western Australia and in 2015, awarded the Law Society of Western Australia’s Lawyer of the Year, for making a significant contribution to the Legal Profession in Western Australia. Currently, he is a Co-Author of the Lexis Nexis loose leaf publication Workers Compensation Western Australia.
Adam Stewart
Adam is an experienced advocate practising in personal injury, workers compensation, public liability, professional negligence and employment related matters. He has also advised and appeared in motor vehicle claims proceedings, total and permanent disability disputes and criminal injuries compensation claims.Prior to joining John Toohey Chambers in 2019, Adam was as a Senior Solicitor at a boutique firm where he primarily practiced in personal injury and workers compensation disputes. Adam accepts briefs for opinion work, advice, trial and appellant advocacy and is committed to working closely with instructing solicitors to achieve the best outcome for the client.
Hayley Cormann
Hayley joined Quayside Chambers in 2019, after 13 years in commercial, professional negligence and health law litigation at the Perth office of Clayton Utz. She is briefed across a wide variety of general commercial and insurance disputes, personal injury and professional negligence claims including from the healthcare and legal sectors, and in regulatory and disciplinary work in both the health and legal professions. Hayley is a graduate of the Australian Institute of Company Directors (2012), and a Board Member of the Perth Children’s Hospital Foundation. In 2018, she served as President of the Law Society of Western Australia, representing the interests of more than 3,000 members of the legal profession.
Roger Sands
Roger commenced his legal practice as a general practitioner, gaining experience in many areas of the law. He developed a speciality in personal injury, insurance, compensation and litigation. Roger was a founding partner of law firm Marks and Sands and subsequently he was the managing partner and consultant for the national law firm Sparke Helmore in their Perth Office. Roger recently set up his own barristers chambers, known as Arundel Chambers, practicing in personal injury, insurance, compensation and litigation. Roger was acknowledged as one of WA’s best personal injury litigation lawyers in the 2022 Australian Best Lawyer Awards.
David Burton
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation, before immigrating to Perth in 1986. David is a founding partner of SRB Legal established in 1999. David is a highly experienced mediator, having settled thousands of personal injury claims for insurers and self-insureds, but is also an experienced trial Counsel, regularly appearing as SRB Legal’s in-house Counsel. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. He is recognised in Doyle’s Guide in 2016 to 2021 as a preeminent lawyer in his field.
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.