Personal Injury Update
Keep up to date with recent changes to legislation and recent case law; from changes to workers compensation and workplace health and safety legislation to a review of significant recent cases relevant to civil claims for institutional abuse and dangerous recreational activities, this seminar provides you with information that you need to ensure you give appropriate advice to your clients. 229W08
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Brian Nugawela, Barrister, Michael Kirby Chambers
1.00pm to 2.00pm Changes to Workers Compensation in WA
- As discussion of the exclusion of psychiatric conditions which wholly or predominantly result from administrative action
- Changes to the way claims can be settled.
- The requirement for workers to give notice of injury in addition to making a claim for compensation
- The requirement of employers to inform workers of the right to claim compensation
Presented by Rebecca Sorgiovanni, Director, Soul Legal
2.00pm to 3.00pm Recent Developments in Dangerous Recreational Activity Claims
- Obvious risks
- Voluntary assumption of risk
- The relevance of exclusion clauses in recreational services
- Dangerous recreational activities legislation outside WA
Presented by Neil Morrissey, Barrister, Albert Wolff Chambers; Preeminent Insurance & Personal Injury Law Barristers, Doyles Guide, 2021
3.00pm to 3.15pm Afternoon tea
3.15pm to 4,15pm “A Fair Trial does not Mean a Perfect Trial”: Staying Proceedings in Historical Child Sexual Abuse Cases
- Analysis of the Court’s power to permanently stay proceedings following the lifting of limitations in historical abuse cases, including the removal of impediments resulting from the loss of documents, death of witnesses and ill-health
- A discussion of’
- the reason for the power
- its statutory recognition
- its evolution in historical abuse cases
- Case studies in both the grant and dismissal of stay applications
Presented by Asanka Gunasekera, Barrister, Francis Burt Chambers
4.15pm to 5.15pm Understanding the Changes brought about by the Workplace Health and Safety Act 2022(WA) and Implications for Personal Injury Lawyers
- Review of significant provisions
- Intersectionality with negligence
- Pleading a statutory breach
- The role of insurance in WHS
- Remedies
Presented by Maria Saraceni, Barrister, Francis Burt Chambers; Recommended Employment & WHS Barristers, Doyles Guide 2022
Presenters
Brian Nugawela
Brian presents at Legalwise Seminars events on torts, psychiatric injury and workers' compensation. Brian's practice areas include tort law (including professional negligence); workers compensation and Comcare, general civil and commercial litigation, Insurance disputes (including income protection and TPD insurance)and appeals. Some of Brian's notable cases include Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11 and Newcrest Mining Limited v Thornton [2012]HCA 60 and Westrupp v BIS Industries [2015] FCAFC where the Full Federal Court interpreted the HCA's decision in Comcare v PVYW concerning statutory concept of "injury".
Neil Morrissey
Neil Morrissey is a barrister at Albert Wolff Chambers. Neil's practice is predominantly in the area of civil litigation with a focus on personal injuries cases. Prior to joining the bar he was a solicitor at Bradford & Co. In 2013 Neil completed a Master of Laws (with distinction) at the University of Western Australia with his primary research area being negligence liability. Neil was junior to Andrew Morrison KC in New South Wales v DC [2017] HCA 22 and was counsel for the successful worker in Engine Protection Equipment Pty Ltd v Miller [2018] WASCA 55. Neil is a member of the RSPCA's pro bono legal panel.
Asanka Gunasekera
Asanka represents Plaintiffs and Defendants in claims relating to historical child sexual abuse, motor vehicle accidents, workers’ compensation injury, occupiers’ liability, public liability and fatal accidents. Asanka is also experienced in employment and OH&S law having been a sessional lecturer in Occupational Health and Safety (Industrial Relations) at Curtin University. Asanka was admitted to practice in 2009. He is also experienced in Not-For-Profit Governance having been Chairperson of the WA AIDS Council (Inc) for six years and Secretary of the WA Bar Association (Inc) for three years. Asanka is also a member of the Law Society of Western Australia and serves on its Personal Injury & Workers’ Compensation Committee.
Maria Saraceni
Maria practises in regulatory and compliance law and advises on corporate governance matters. Her wealth of experience across all facets of employment law, industrial relations and workplace health and safety is well recognised. In addition to her legal work, Maria gives back to the community via her work as a non-executive director on various statutory and not-for-profit boards. She also appears in public speaking engagements and mentors legal practitioners and others who seek career guidance. Maria’s direct, down-to-earth communication style together with her language skills in Italian and French have proved valuable in assisting those whose first language is other than English and those who are reluctantly involved in legal matters.
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.