Dust Diseases Claims Update

If you are looking for the absolute latest and most critical information you need to navigate dust diseases litigation in jurisdictions around Australia, then this conference is the one you should make time for. This all-encompassing program covers off on the medicine, assessment of damages, the key legal issues in causation and economic loss plus the proposed reforms. WEB229N56

Description

Attend and earn 7 CPD units including:
2 units in Substantive Law
5 units in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1

Dust Diseases: The Medicine Explained and Causation

Chair: Bree Knoester, Principal Lawyer, Brave Legal; Preeminent Work Injury Compensation Lawyer (Plaintiff), Doyle’s Guide 2020 

THE MEDICINE EXPLAINED

Professional Skills
9.00am to 10.00am Silica Related Auto-Immune Diseases

Join Dr Ferdowsi who will cover the medical information you need to know about silica related auto-immune diseases including scleroderma, systemic sclerosis, rheumatoid arthritis and renal failure.
Presented by Dr Nava Ferdowsi, Rheumatologist, St Vincent’s Hospital, Melbourne

10.00am to 11.00am Respiratory Disease Explained

  • Silicosis and silica related lung diseases
  • Mixed dust and diffuse dust fibrosis
  • COPD and emphysema

Presented by Dr Anthony Johnson, Respiratory Physician

11.00am to 11.15am Morning Tea

11.15am to 12.15pm The Current State of Immunotherapy and Related Treatment for Mesothelioma

  • The latest treatment for mesothelioma
  • Can mesothelioma be treated with immunotherapy?
  • Ongoing research and breakthroughs

Presented by Associate Professor Steven Kao Oncologist, Chris O’Brien Lifehouse, Clinical Associate Professor, Sydney Medical School, The University of Sydney

12.15pm to 1.15pm Legal Causation: Divisible and Indivisible Diseases

  • The difference between divisible and indivisible diseases
  • Legal causation vs medical causation
  • Causation in divisible diseases
  • Causation in indivisible diseases
  • Practical considerations

Presented by Alex Giurtalis, Barrister, Jack Shand Chambers

1.150m to 2.00pm Lunch Break

Session 2

Dust Diseases: Economic Loss and Reform

Chair: Tanya Segelov, Principal, Segelov Taylor Lawyers

Professional Skills
2.00pm to 3.00pm Assessing Economic Loss of Self-Employed Plaintiffs

  • Loss of profits and / or replacement labour
  • Impact of the sale of a business
  • The premium for “entrepreneurship”
  • Taxation issues

Presented by Mark Thompson, Director, Forensic Insurance Litigation, Vincents Chartered Accountants

Professional Skills
3.00pm to 4.00pm Assessing Commercial and Gratuitous Care for Dust Diseases Claims

  • The role of an Occupational Therapists (OT) in Dust Disease Claims
  • What does the OT assessment entail?
  • How does an OT consider the commercial and gratuitous care for dust diseases?
  • Examples of recent judgments which have involved the care needs of the individual and the care they would have provided for others

Presented by Natala Cogger, Director & Senior Occupational Therapist, Expert OTs

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Dust Diseases Law Reform

  • The pitfalls of cross border dust diseases claims and the need for clarity of choice of law
  • SLE time limits for primary and secondary dust disease injuries: an unnecessary complexity
  • Sullivan v Gordon type damages and the need for consistency
  • Conflict between workers’ compensation and dust diseases regimes

Presented by Leah O’Keefe, Senior Associate and Timothy McGinley, Senior Associate, Maurice Blackburn Lawyers

Presenters

Bree Knoester
Bree Knoester is the founder of Brave Legal and one of Australia’s leading personal injury lawyers. Bree has practiced for over 18 years as both a barrister and solicitor; and has represented clients in some of Victoria’s largest compensation settlements. Bree prides herself on being an empathetic yet tenacious lawyer, possessing a deep understanding of the law and a fearless approach to representing her clients’ interests. Most importantly, Bree understands that being injured affects almost every part of your life and having the support of an understanding, compassionate and experienced legal team is essential to achieving the best possible outcome – for your case, and for you. In recognition of her experience and exceptional client results, Bree has won numerous industry awards including ‘Lawyer of the Year’ in Personal Injury Litigation (Best Lawyers® in Australia 2020), Preeminent practitioner – Asbestos & Dust Diseases Compensation (Doyle’s Guide 2020), Preeminent practitioner - Work Injury Compensation (2020), and Partner of the Year Finalist - Litigation (Lawyer's Weekly 2019). As one of Victoria’s most experienced personal injury lawyers, Bree is regularly approached by the media for commentary on high-profile cases and as a spokesperson for the most seriously injured.

Dr Nava Ferdowsi
Dr Ferdowsi completed a Bachelor of Medicine, Bachelor of Surgery at the University of Adelaide. She completed advanced physician training in Rheumatology and is a Fellow of the Royal Australasian College of Physicians. Dr Ferdowsi is appointed as a Rheumatology consultant at St Vincent’s Hospital, Melbourne and has a general Rheumatology private practice. Dr Ferdowsi has obtained a Master of Medicine via clinical research in the development of a damage index in systemic sclerosis, at the University of Melbourne. She has published in the Annals of the Rheumatic Diseases on quantification of organ damage in systemic sclerosis as well as other international publications and national presentations. Dr Ferdowsi is involved in teaching both of medical students from the University of Melbourne, and physician trainees at St Vincent’s Hospital.

Dr. Anthony Johnson
Dr Anthony Johnson is a Respiratory Physician working in Liverpool, Sydney. He has a longstanding interest in occupational lung diseases. After completing speciality training in Sydney he completed a Masters of  Occupational Health and Safety with a thesis on Malignant Mesothelioma in NSW. He then worked in Vancouver, Canada conducting research on Occupational Asthma due to Western Red Cedar. In Sydney he worked at the Dust Diseases Board for many years examining claimants and was cofounder of a research centre established at the Board. He has been actively involved in patient care and research into occupational lung disease during his career and has published extensively on asbestos related diseases, silicosis and occupational asthma. He has extensive medicolegal experience preparing reports for plaintiff and defendant firms. He has worked in clinical practice in Liverpool for 20 years.

Associate Professor Steven Kao
Dr Steven Kao is a medical oncologist at the Chris O’Brien Lifehouse. He completed his PhD at the Asbestos Diseases Research Institute and focused his research on predictive and prognostic factors in malignant mesothelioma. Steven has a wide clinical, translational and psycho-social research interest in thoracic cancers including malignant mesothelioma and asbestos-related lung cancers. He was awarded the Premier’s Award for Outstanding Cancer Research Scholar from the Cancer Institute NSW in 2012.

Alex Giurtalis
Alex Giurtalis is one of the leading dust diseases and toxic tort barristers in Australia, having been involved in a number of significant decisions in this area. Alex acts for both plaintiffs and defendants in all States and Territories, both at trial and appellate level.  He is an appointed Contributions Assessor under the Dust Diseases Tribunal Regulation 2019 (NSW). He is also appointed by the Dust Diseases Tribunal of NSW as the sole barrister member of the Dust Diseases Tribunal Rule Committee under the Dust Diseases Tribunal Act 1989 (NSW).

Tanya Segelov
Tanya Segelov is a principal lawyer of Segelov Taylor Lawyers. Tanya , was admitted as a solicitor in 1996 and has since this time has acted for , plaintiffs in personal injury claims specialling in asbestos and other dust , diseases claims. Tanya has run a number of significant claims including the , first verdict in Australia for a person exposed to asbestos as a home , renovator, the first claim to hold a holding company directly liable for the , negligent acts of its subsidiary (CSR Limited v Wren (1997) 44 NSWLR , 463), the only successful verdict in the world against an airline for a , stewardess exposed to fumes (Joanne Turner v East West Airlines Limited , (2009) NSWDDT 10) as well as acting for the late Bernie Banton in both , his claims against James Hardie. Tanya was part of the team that , represented unions and asbestos support groups at the Special , Commission of Inquiry into the Establishment of the Medical, Research and , Compensation Foundation (the James Hardie Inquiry). In 2010 Tanya was , appointed a member by the Federal Government of the Expert Advisory , Panel to the Asbestos Management Review and in 2013 was appointed , as one of the two independent members of the Asbestos Safety , Eradication Council who advises the Asbestos Safety Eradication Agency , (ASEA). As part of her role Tanya chairs ASEA's Research Advisory , Council.

Mark Thompson
Mark Thompson is one of the founding directors of Vincents Chartered Accountants. Mark’s key area of expertise is in the assessment of damages in personal injury matters. Notable general matters Mark has prepared expert reports in relation to include: The Australian victims in the September 11 terrorist attacks in New York; The Blackhawk helicopter incident; DePuy Hips and Knees class actions; The QF32 Class Action; Dreamworld “White Water Rapids” claims; MH370 & MH17 Victims claims. Notable dust diseases matters that Mark has recently prepared reports in, include: Werfel v AMACA [2019] SAET 22; Latz v AMACA P/L (formerly James Hardie & Co P/L [2017] SADC 56; and Parkin v AMACA WASC 306.

Natala Cogger
Natala Cogger has been practicing as an occupational therapist for 20 years. She has more than 15 years’ experience in medico-legal activities of daily living assessments and as an experienced expert witness throughout Australia.  She conducts medico-legal assessments and reports for dust disease matters, medical negligence cases, workers compensation injuries, personal injury and CTP claims.  She has extensive experience assessing people with respiratory conditions, traumatic brain injuries, acquired brain injuries, musculoskeletal/orthopaedic injuries, amputations, vision impairments, psychological impairments, intellectual disabilities and paediatrics.

Leah O’Keefe
Leah O’Keefe is a Dust Diseases Senior Associate in Maurice Blackburn’s Melbourne office. An approachable and hard-working lawyer who is dedicated to her clients, Leah works closely with sufferers of asbestos, silica and other dust diseases, as well as their families. Leah joined Maurice Blackburn as a trainee lawyer in 2014, and was admitted to practice in 2015. She holds a Masters in Laws (Juris Doctor) and a Bachelor of Arts with majors in Indonesian and International Studies from Monash University. In early 2019, Leah commenced work at Irwin Mitchell in London in their asbestos disease department before returning to Maurice Blackburn in Melbourne in late 2020. Leah completed her Specialist Accreditation in Personal Injury Law in 2021, consolidating her knowledge to further serve and support her clients.

Timothy McGinley
Timothy McGinley is a Senior Associate who works in the Dust Diseases Department of Maurice Blackburn’s Sydney office. Tim joined Maurice Blackburn as a paralegal in 2011, and was admitted to practice in 2013.  He holds a Bachelor of Laws and a Bachelor of Arts with majors in History and Psychology, and a Masters of Laws. Tim has expertise in running claims for sufferers of asbestos, silica, and other occupational lung diseases in NSW, ACT, WA, and the UK.  He regularly contributes to law reform initiatives relating to dust and other occupational diseases, including drafting written submissions, and appearing before Parliamentary Committees to give oral submissions. Tim completed his Specialist Accreditation in Personal Injury Law (Dust Diseases) in 2018.

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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