Litigation and Evidence: Preparing and Managing your Case
Examine new Chapter 11 Part 5 UCPR and pre-action discovery changes and other pre-trial strategies. Review legal professional privilege following the decision of Commissioner of Taxation v PricewaterhouseCoopers. Be updated on emerging areas of corporate liability and regulatory trends that should worry your clients. Gain tips and traps in preparing your case. Understand how to maximise evidence from experts and lay witnesses and be updated on relevance, admissibility, and weight of the evidence. 228Q01
Description
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Pre Action and Pretrial Litigation Procedures: Recent Developments
Chair: Timothy Matthews MBE KC, Inns of Court
Professional Skills
9.00am to 10.00am Pre-Action Discovery and Pre-Trial Steps and Strategies
- Update on UCPR changes to allow pre proceeding disclosure
- What do you really need to disclose to the other side?
- Tender of documents
- Case Theory: strategy to explore what evidence and documents to gather
Presented by Brett Heath, In-House Advocate, CarterNewell
Practical Legal Ethics
10.00am to 11.00am Inadvertent Waiver of Legal Professional Privilege: A Refresher and Update from the High Court
Commissioner of Taxation v PricewaterhouseCoopers: A recent consideration of the principles of Legal professional privilege and what kinds of documents are protected by the privilege
Presented by Greg Antipas, Barrister, Ground Floor Wentworth Chambers
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Panel Discussion: Practical Tips & Common Traps in Pre Action and Pretrial Litigation
- Explore some common traps in conducting litigation
- Take away important tips and key takeaways that you can put immediately in your practice
- Real life scenarios
Facilitator: Timothy Matthews MBE KC, Inns of Court
Panellists:
Aaron Alcock, Special Counsel, Litigation and Dispute Resolution, Hopgood Ganim Lawyers
Brett Heath, In-House Advocate, CarterNewell
Alex Nelson, Barrister, Sir Harry Gibbs Chambers
12.15pm to 1.15pm Emerging Areas of Liability and Regulatory Trends
- Changes to the regulatory environment: what the regulators are focusing on
- Evolving areas of liability: governance, culture, and cybersecurity
- Environmental and social issues: from climate change to modern slavery
Presented by Sarah Davies, Director, Sarah Davies Legal; Accredited Specialist in Commercial Litigation
Session 2
Getting the Most Out of Your Evidence
Chair: Timothy Matthews MBE KC, Inns of Court
2.00pm to 3.00pm Expert Evidence in Civil Trials: What’s Old and What’s New?
- Context: the role of expert evidence
- The new Chapter 11 Part 5 UCPR: what you need to know
- Other recent procedural rule changes concerning evidence
- Practical issues including
- Deciding whether you need an expert
- Expert reports and privilege
- Your role in the preparation of expert reports
Presented by Nola Pearce, Barrister, Quay 11 Chambers
3.00pm to 4.00pm Lay Witness Evidence
- Obtaining witness statements
- Oral evidence vs affidavit evidence
- Preparing witnesses and managing expectations
- Use of tender documents in oral evidence
Presented by Angela Laylee, Barrister, Inns of Court
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Relevance, Admissibility, and Weight of the Evidence
- The art of drawing admissible affidavits
- Keep to the rules of evidence: avoid submissions even in relaxed jurisdictions
- Assess a witness’s credibility before obtaining a proof of evidence
- Impact of good affidavits on trials
Presented by Charles Wilson, Barrister, Inns of Court
Presenters
Timothy 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.
Brett Heath
Brett Heath is an inhouse advocate at Carter Newell Lawyers and has specialised in commercial and insurance litigation since 1988. Having worked inhouse for a specialist professional liability insurer, and completed the Bar Practice Course, Brett now conducts professional liability, large-scale public liability, director’s and officers’ liability, construction and employment litigation. As Carter Newell’s inhouse advocate, Brett appears in all courts and tribunals for the firm’s clients. Brett is a regular speaker on continuing professional development issues, particularly with respect to risk prevention for professionals, developments in insurance and real estate law, commercial drafting techniques and mediation and litigation strategies.
Greg Antipas
Greg Antipas, is a Barrister at Ground Floor Wentworth Chambers, Sydney, and has practiced at the Bar since 2012. Greg has a diverse practice with his main areas of focus being taxation, criminal and commercial law. Greg has advised and appeared in a variety of taxation matters, including objections, tax debt recovery proceedings and Part IVC appeals. He has also appeared in complex fraud trials for both the Crown and defence. He has appeared in the High Court, Federal Court, NSW Supreme Court and NSW District Court. Before coming to the Bar, Greg has worked at Arthur Andersen, Ernst & Young and Macquarie Bank.
Mark Robertson KC
Mark Robertson KC conducts an Australia-wide practice specialising in revenue and trust law. Mark is listed as a leading tax KC by Chambers & Partners Asia Pacific and listed as 'Preeminent' by Doyle's Guide. He has appeared for Commonwealth and State revenue authorities, Australia's leading corporate groups, high net wealth individuals, as well as foreign investors in relation to proposed and completed domestic and cross-border transactions.
Alex Nelson
Alex Nelson is a barrister practising primarily in defamation litigation but he has maintained a part of his practice in criminal law jury trials and sentencing in the superior courts. He has more than 20 years of experience in the law, commencing as a full time Army Legal Officer before moving into private practice as a solicitor in a commercial law firm. That was followed by 8 years as principal of his own law firm undertaking work in commercial litigation, crime, and family law. He was called to the bar in 2010 and since that time he has enjoyed great success in commercial litigation, criminal law and defamation. Highlights of his career to date include obtaining an acquittal in a murder trial, appearing in a complex fraud trial that lasted three months and appearing in defamation claims involving a former Prime Minister, Google Inc, Facebook, Instagram, Bauer Media and many others. Some of the judgments that he has obtained are regularly cited in defamation litigation.
Sarah Davies
Sarah Davies is a director of Sarah Davies Legal Pty Ltd, and specializes in commercial litigation for clients involved in agribusiness, financial services, property development and building & construction matters. She is an accredited specialist in commercial litigation, having received the highest achievement award when she completed her accreditation in 2010. She has experience with disputes involving commercial contracts, property transactions, joint ventures, corporations, trusts and managed investment schemes, public offer documents and issues relating to the provision of financial services. Sarah also chairs the board of a mutual banking institution.
Nola Pearce
Nola Pearce is a commercial barrister at the private Bar. She was called to the Bar in 2018, having been a solicitor at top- and mid-tier firms for many years previously. Nola’s particular specialities include professional negligence and regulation, and also commercial and contract disputes. She excels in handling highly sensitive claims involving professionals, regulatory bodies and insurers. She brings her wealth of experience and civil procedure expertise to commercial disputes, civil litigation and appellate work, ensuring each matter is conducted efficiently but with clear strategy and attention to detail. Nola has been recognised by Best Lawyers Australia for professional malpractice litigation, awarded the Queensland Law Society’s inaugural President’s Medal for Outstanding Contribution Award, and named a finalist in the Women Lawyer’s Association of Queensland Woman Lawyer of the Year Awards.
Angela Laylee
Angela Laylee practiced as a solicitor in Brisbane for 12 years and was called to the Bar in 2016. Angela is experienced in family law matters, wills and estates disputes (in particular family provision applications), and commercial litigation including insolvency, contract disputes and property matters. As well as appearing regularly in both the state and federal jurisdictions, Angela is also frequently involved in Alternate Dispute Resolution processes.
Charles Wilson
Charles Wilson is a barrister-at-law of the Supreme Courts of Queensland, New South Wales and the ACT. Charles is an expert in commercial litigation, negotiation and mediation. Admitted initially as a solicitor of the Supreme Court of New South Wales in 1988, and as a barrister in 2001, Charles brings a breadth and depth of experience in significant commercial dispute resolution across all aspects of commercial activity in diverse contexts, including multi-jurisdiction, transnational disputes.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00