Litigation Issues for All Government Lawyers
As a government lawyer you may not litigate all day but that doesn’t mean you aren’t dealing with matters in dispute, enforcing penalties, answering requests for disclosure, & preparing & briefing lay or expert witnesses – all situations where a foot wrong is not only costly but can land you in very hot water. So, what exactly do government lawyers need to be aware of should the need arise? Learn what are your Model Litigant & disclosure obligations & how to brief & deal with lay & expert witnesses. 229V01
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Description
Attend and earn 4 CPD units including:
2 unit in Practical Legal Ethics
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Dan Star KC, List A Barristers
Practical Legal Ethics
9.00am to 10.00am The Model of a Modern Government Litigant
- What justifies a requirement for government to litigate differently?
- What does being a modern Model Litigant require?
- Why does it matter and what can go wrong?
- Practical insights and tips
Presented by Alanna Mitchell, Assistant Victorian Government Solicitor, Inquiries Prosecutions and Administrative Law, Victorian Government Solicitor’s Office
Practical Legal Ethics
10.00am to 11.00am Bound by Ethics: The Model Litigant as Prosecutor
- Exercising the discretion to commence, continue or discontinue a prosecution: factors and case studies
- What it means to be fearless but fair
- Impartiality of the prosecutor - conflicting allegiances
- Prosecutorial role clarity and avoiding blurred lines
- The prosecutors role in sentencing
- Other sources and standards of prosecutorial ethics
Presented by Andrea Mapp, Managing Principal Solicitor, Inquiries Prosecutions and Administrative Law, Victorian Government Solicitor’s Office and Nicole Spicer, Managing Principal Solicitor, Victorian Government Solicitor’s Office; Accredited Specialist in Criminal Law
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Disclosure: Privilege, Cabinet in Confidence and Privacy
- Public interest immunity: what, why, when, how and should you claim it
- Claiming legal professional privilege in a government context
- Applying frameworks for information and identity protection and disclosure in the court/tribunal room
Presented by Steven Brnovic, Barrister, Foley’s List
Professional Skills
12.15pm to 1.15pm Litigation and Trial Preparation: Briefing and Dealing with Expert and Lay Witnesses
A session about empowering your witnesses for success in litigation, starting from the moment they are briefed (experts) or the first conference (lay witnesses), running through to preparing for cross-examination at trial.
- Tips and traps for choosing and briefing expert witnesses effectively (including the nature of ‘expertise’, the importance of the letter of instruction and accompanying brief, and the role of conferences with experts throughout the process)
- Assisting your witnesses (lay and expert) to prepare for cross-examination at trial
- ‘Jones v Dunkel’ inferences in respect of witnesses who are not called to give evidence at trial: the risk and the reality
Presented by Katherine Brazenor, Barrister, List A Barristers
Presenters
Dan Star KC
Dan Star LC. has a practice in trials and appeals in commercial, public and regulatory areas of law. He has particular expertise in Administrative Law and all civil penalty/enforcement litigation matters involving regulators such as the ASIC, ACCC and others). Dan appears in the Supreme Court, Federal Court and in Royal Commissions and Boards of Inquiry. Dan is frequently briefed for and against the Commonwealth/State and their agencies including to give advice on matters of statutory interpretation. He has appeared in cases or given advice in relation to litigation (or investigations) with the Commonwealth of Australia, the State of Victoria, Attorneys-General, Ministers, ABCC, ACCC, ASIC, ASADA, ATO, Consumer Affairs Victoria (CAV), Essential Services Commission (ESC), Office of Chief Examiner (OCE), Legal Services Commissioner (LSC) and the Tax Practitioners Board (TPB). Dan holds a first class honours degree in law from the University of Melbourne. He is a writer/editor of the monthly "Federal Court Judgments" section in the Law Institute Journal published by the Law Institute of Victoria. He is also a previous Chair of the Bar's Indigenous Lawyers' Committee. Dan is a Senior Counsel on List A Barristers.
Alanna Mitchell
Alanna Mitchell leads the Inquiries Prosecutions and Administrative Law branch at VGSO. She is an experienced Victorian Government lawyer specialising in Royal Commissions and Inquiries, litigation, major infrastructure and environment. At VGSO, Alanna has led the legal function in relation to the State's response to the Mental Health and Aged Care Royal Commissions. Alanna has a deep understanding of public sector governance and decision making processes and has participated in and chaired senior inter-departmental committees, working groups and panels across government over many years in relation to multiple major projects and initiatives. Alanna has also worked on the Royal Commissions into Trade Union Corruption, Disability, Black Saturday Bushfires and the current Inspector General for Emergency Management Inquiry into the 2019-20 Victorian Fire Season. Alanna has a strong understanding of the client perspective and imperatives of balancing good legal advice with great strategy, along with how to advocate strongly for the State's position in complex, information-rich, fast moving environments. Her deep experience in Royal Commissions means she can give forward thinking, practical and strategic advice to help you get the best outcome for Victoria in relation to this Royal Commission. Previously, Alanna worked as the Deputy General Counsel within the Department of Treasury and Finance's Office of the General Counsel overseeing the legal function and legislation development in relation to multi-billion dollar infrastructure, energy, environment and financing projects, has led numerous State significant litigations and the delivery annually of State Budget legislation. Alanna holds a bachelor of arts/laws (hons) and a master of public administration both from the University of Melbourne and is also a qualified Prince2 project manager. She has previously worked in private practice and management consulting in the areas of public infrastructure financing, development and delivery, planning and the environment.
Andrea Mapp
Andrea Mapp is Managing Principal Solicitor at the Victorian Government Solicitor Office. At the VGSO, Andrea's practice encompasses advocacy, litigation and dispute resolution, regulatory prosecutions and statutory interpretation across a diverse range of legislation. Andrea advises on departmental and regulator responses to, and governance of, emerging or existing industry practices. Her experience ranges from providing specialised advocacy, drafting regulatory frameworks, procedure manuals, precedent documents for internal use by agencies, through to advice on the rules of evidence and prospects of success in inquiries, disciplinary proceedings, prosecutions and appeals. Prior to joining the VGSO, Andrea was a Senior Advocate at Consumer Affairs Victoria, where she advocated on behalf of the Director of Consumer Affairs Victoria in complex and serious matters. Andrea was also formerly barrister at the Victorian Bar with over 20 years' legal experience. Prior to joining the bar Andrea worked both in private practice and as in house counsel. Andrea is a qualified mediator with extensive experience in a varied range of commercial areas, with a particular focus on prosecutions, administrative law, building and construction, property and the Australian Consumer Law.
Nicole Spicer
Nicole is Managing Principal Solicitor in the Inquiries, Prosecutions and Administrative Law branch at the Victorian Government Solicitors Office (VGSO). She is currently involved in advising the State of Victoria in connection with its responses to the Yoo-Rrook Justice Commission and the Defence and Veteran Suicide Royal Commission. She has previously worked over an extended period of time in the field of criminal and quasi-criminal litigation. Prior to moving to the VGSO she was a supervising lawyer and mentor at Stary Norton Halphen Lawyers. She has been an LIV accredited specialist in criminal law since 2002, is co-chair of the Criminal Law Section, and sits on the specialisation advisory committee.
Steven Brnovic
Steven is one of Doyle’s Guide’s 2021 leading public and administrative law junior counsel in Australia. His practise is mainly in administrative decision-making, merits reviews, occupational regulation and advising on statutory powers and duties. In 2022, he was appointed as a sessional Commissioner of the Victorian Liquor Commission, where he sits as a tribunal member for liquor-related regulatory proceedings. In 2020, Steven was appointed to the Counsel Assisting team for the Victorian COVID-19 Hotel Quarantine Inquiry. Outside of the Bar, Steven had a 12-year career as a government lawyer, for the Victorian and Commonwealth governments. Prior to his call to the Bar, he was General Counsel to Commercial Passenger Vehicles Victoria and its Director of the Legal and Regulatory Services Division and an LIV Accredited Specialist in Administrative Law.
Katherine Brazenor
Katherine accepts briefs in all areas of commercial and corporate law. Before coming to the Bar in 2013, Katherine was an Associate at the Federal Court of Australia, first to the Honourable Justice Michelle Gordon in 2011, and then to the Honourable Justice John Middleton in 2012 and 2013. Prior to that Katherine was a solicitor at Arnold Bloch Leibler, in the firm's Litigation department. Since coming to the Bar, Katherine has been briefed to act for a range of regulators, government departments, companies and individuals. In October 2017, Katherine won the award for "Barrister of the Year" at the Lawyers' Weekly Women in Law Awards. In 2018, Katherine won the award for “Barrister of the Year” at the Australian Law Awards. She is frequently listed in Doyle’s Guide, and in June 2022, she completed a Master of Business Administration (with a major in financial management). She is presently studying a Certificate IV in paramedicine in her “spare time”.
Venue
Cliftons Melbourne - Collins Street
1/440 Collins Street
Melbourne 3000 VIC
Australia
Parking information:
NEAREST PARKING
• Wilson parking, 425 Collins St (2 min walk)
• Secure Parking, 15 William St (3 min walk)
• Secure Parking 123 Queen St (4 min walk)
Directions:
CLOSEST TRAM STOPS
• Cnr Collins St & Williams St, 50m (2 min walk)
• Cnr William St & Bourke St, 50m (2 min walk)
CLOSEST BUS STOPS
• Cnr Collins St & Queen St, 140m (3 min walk)
• Cnr Flinders St & Queen St, 213m (5 min walk)
CLOSEST TRAIN STATIONS
• Flinders Street Station, 690m (10 min walk)
• Southern Cross Station, 600m (9 min walk)