Abuse Law Intensive
Bringing knowledge, deep skills and thoughtfulness to their presentations, this panel of experts share information about current and emerging challenges from the coalface. From permanent stays and setting aside deeds to a fresh look at novel duty of care claims, cultural awareness and safety of indigenous claimants and finishing with a panel discussion on ensuring that the process and outcome is ultimately beneficial to the applicant, this webinar has it all! WEB2211N80Z
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Big Issues and Recent Developments in Abuse Law Claims
Chair: Kathryn McMillan KC, Quay 11 Chambers
9.00am to 10.00am Permanent Stay Update
- Emerging attitudinal views by appellate courts around Australia
- Analysis of the decision of the NSW Court of Appeal in Trustees of The Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78
- Guidance on what plaintiff solicitors might need to be mindful of in anticipation of potential stay issues, when considering providing initial advice to new clients.
Presented by Luke Geary, Partner, Mills Oakley; Best Lawyers 2022, Non-Profit/Charities Law
10.00am to 11.00am Novel Duty of Care Claims
In State ward cases, the duty of care owed by the defendant to plaintiff is clear and settled. However, increasingly over time, children have been left in the care of their families to their detriment despite numerous notifications to Child Protection services.
- How would a duty of care to such children be constructed?
- How do you show a breach of the duty?
Presented by Nina Vallins, Lawyer, Angela Sdrinis Legal
11.00am to 11.15am Morning Break
11.15am to 12.15pm Implications of the Decision in O'Connor v Comensoli
- Resetting general damages for abuse survivors: $525,000
- Reinforcement for DP v Bird on vicarious liability for clergy
- The Church’s failure to communicate to priests about child abuse
Presented by Michael Magazanik, Partner, Rightside Legal
Professional Skills
12.15pm to 1.15pm Cultural Awareness and Safety when Working with Indigenous Clients
When working with Aboriginal or Torres Strait Islander Communities the need for cultural safety is paramount. As their lawyer, it is crucial that you can interact with your client in a culturally safe and appropriate way to ensure effective and sensitive representation and advice. This presentation will provide guidance on;
- Cultural safety
- Racism
- Cultural diversity
- Cultural values
- Personal history of being an Aboriginal person in Australia
Presented by Dean Bell, Manager of the Aboriginal and Torres Strait Islander Engagement Team, Knowmore
Session 2
Focus on Deeds, Prosecuting Claims and Outcomes
Chair: Maithri Panagoda, Partner, Carroll & O’Dea
2.00pm to 3.00pm Setting Aside Deeds: Just and Reasonable?
- The problem legislative change seeks to cure
- The case law so far
- Are the changes fit for purpose?
Presented by Greg Choat, Special Counsel, Koffels
3.00pm to 4.00pm OPEN FORUM FOR DISCUSSION: Complexities and Difficulties in Prosecuting a Historical Sexual Abuse Matter
- Evidence
- Investigations
- Stay applications/back to the future; survivors’ perspective
Presented by Matthew Eirth, Barrister, and James Masur, Barrister, Jack Shand Chambers
4.00pm to 4.15pm Afternoon break
Professional Skills
4.15pm to 5.15pm Q & A DISCUSSION: Ensuring that the Process and Outcome is Ultimately Beneficial to Your Client
Facilitated by: Maithri Panagoda, Partner, Carroll & O’Dea
Panel includes:
Dean Bell, Manager of the Aboriginal and Torres Strait Islander Engagement Team, Knowmore
Greg Choat, Special Counsel, Koffels
Luke Geary, Partner, Mills Oakley
Nina Vallins, Lawyer, Angela Sdrinis Legal
Presenters
Kathryn McMillan KC
Kathryn McMillan was called to the Bar in 1987 and was appointed Silk in 2006. She is an Adjunct Professor of Law at the University of Queensland. Kathryn is a specialist in personal injuries (particularly cases concerning complex medical evidence), public law, disciplinary matters, discrimination proceedings together with a long-established practice in family law and child protection proceedings. She has acted in 6 Royal Commissions/Commissions of Inquiry: the Public Hospitals Commission of Inquiry (as Counsel for the Medical Board), the Queensland Child Protection Commission of Inquiry (as Senior Counsel Assisting), the Barrett Adolescent Centre Commission of Inquiry (as lead Counsel for a health authority) the Royal Commission into Institutional Sex Abuse (as Queen’s Counsel for the State of Queensland) and was the Commissioner for the Youth Detention Review.She is currently Senior Counsel for the State of Queensland in the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Luke Geary
Luke has particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In other instances, Luke acts on behalf of survivors in certain cases against government agencies and other institutions. Luke is the founder and former managing partner of the unique social enterprise law firms ‘Salvos Legal’ and ‘Salvos Legal Humanitarian’, which are wholly owned by The Salvation Army.
Nina Vallins
Nina Vallins commenced with Angela Sdrinis Legal in August 2016, having previously worked as a Judge’s Associate in the County Court and with another personal injury law firm. She represents survivors of institutional abuse, with expertise in assisting former wards of the State and residents of the Ballarat Children’s Home and St Luke’s Home. Prior to studying law, Nina worked in community and international development, particularly with women in the sex industry and in the promotion of women’s rights. Nina was the Executive Director of Project Respect from 2007 - 2010, where she led successful advocacy campaigns, including reforms in immigration law to better protect victims of people trafficking.
Michael Magazanik
A former journalist, Michael spent 11 years with Slater & Gordon in Perth and Melbourne. Michael has acted in hundreds of successful asbestos claims, including trial wins in both Western Australia and Victoria. In 2021, Michael achieved the highest verdict for a survivor of sexual abuse when the Victorian Supreme Court awarded his client (a former Geelong College student) more than $2.7 million. He has successfully represented a large number of childhood sex abuse survivors assaulted in State schools, private schools and religious institutions, resulting in record breaking settlements. Michael wrote a book, Silent Shock, about the global thalidomide tragedy. The book followed his legal work over three years for Australian thalidomide survivors.
Dean Bell
Dean is a descendent of the Ngunawal Aboriginal peoples of the Yass/Canberra region and is the Manager of the Aboriginal and Torres Strait Islander Engagement Team at Knowmore. Dean joined the original Knowmore team in 2013. He has had extensive experience in government and community engagement roles where he has played a key role in encouraging the delivery of culturally safe and respectful services.
Greg Choat
Greg has practiced as a family, personal injury and general litigation lawyer over the course of nearly 20 years in the law. He currently works almost exclusively bringing historical sexual abuse litigation on behalf of plaintiffs.
Matthew Eirth
Matthew Eirth practises widely in the areas of Common Law including Public Liability, Motor Vehicle, Work Injury Damages, professional negligence and Product Liability on behalf of plaintiffs and defendants. He also practises in the Land Environment Court, with particular reference to Merit Appeals. Matthew is located in Sydney however, he appears regularly throughout regional New South Wales. Matthew has had a wide and varied career within the public sector. In the 10 years prior to coming to the Bar, he was employed as a Project Manager/Advisor to the public sector involved in the automation and control upgrade of water and wastewater assets.
James Masur
James is an experienced Barrister with a demonstrated history of working on a variety of civil litigation matters, as well as sensitive domestic and international counter-terrorism issues. Since 2014, James has had a particular focus in acting for plaintiffs for claims arising from historical institutional abuse matters against religious, educational and government institutions. James has appeared in notable cases including MC v Morris [2019] NSWSC 1326 wherein Fagan J awarded damages in excess of $3.5 million – the largest award of damages in Australia for cases of this kind. James levies his experience with the government, military, international sporting, and in private practice to bring a practical approach to managing and solving real-world legal and regulatory challenges based on in-depth legal analysis.