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

Map of Hilton Brisbane

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

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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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