Advanced Evidence and Advocacy Symposium
Effective evidence provides the foundation to a solid case. Skilled advocacy provides the tools to build that foundation into a winning case. Without both, everything will crumble. Master how to develop a solid case theory, leverage your persuasive expert and other evidence, and avoid inadvertent waiver of privilege. Then gain valuable insights on advocacy from some of Brisbane’s foremost advocates so you’ll have the tools for success in any matter. 233Q07
Description
Attend and earn 7 CPD units including:
5 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Evidence Masterclass
Chair: Dr Stephen Lee, Barrister, Brisbane Chambers
9.00am to 10.00am PANEL DISCUSSION: Developing a Case Theory: The Good, Bad and Ugly
In this session you will consider in detail, with examples and valuable insights, how you develop a case theory in a Court or Tribunal matter, why you should and the matters to consider in developing your theory, for example e.g., evidence, the judge hearing the case, the case of the other side.
Panelists:
Nola Pearce, Barrister, Quay 11 Chambers
Sean Reidy, Barrister, Chambers@32; Recommended Employment & WHS Barrister, Doyle’s Guide 2022
Anand Shah, Barrister, Brisbane Chambers
10.00am to 11.00am Assessing the Admissibility of Evidence and Expert Evidence
- Relevance, admissibility, and weight
- What can I say: How can I say it?
- Got something to get into evidence but not that straight forward
- Key principles and hurdles to admissibility of evidence and expert evidence
- Dealing with challenges from opposing counsel and queries from the Bench
Presented by Kelly McIntyre, Barrister, 18 Inns Barrister Chambers
11.00am to11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Concurrent Expert Evidence: Processes, Pitfalls and Strategies
- Strategic considerations regarding the concurrent evidence model
- When might it work and when it might not
- How to prepare your witness
- How to structure the evidence and practical strategies
- The hearing: process, roles, pitfalls, and examination strategy
Presented by Sally Armitage, Barrister, Cedric Hampson Chambers
Practical Legal Ethics
12.15pm to 1.15pm Implied Waiver of Privilege and Inadvertent Disclosure: A Refresher for the Senior Practitioner
- Overview of the basics: the privilege and how to lose it
- Express vs implied waiver
- Team effort: watching the conduct of clients and lawyers
- New challenges posed by the electronic environment (including inadvertent disclosure)
- Recent cases from the state and federal courts
Presented by Nola Pearce, Barrister, Quay 11 Chambers
Session 2
Key Advocacy Insights
Chair: Amelia Wheatley KC, Deane Chambers
2.00pm to 3.00pm Examination in Chief: Strategic Approach
- Considering your case theory and the critical narrative
- Advancing the quality of your witnesses’ evidence
- Dealing with unfavourable and hostile witnesses
- Tips and traps for effective examination-in-chief
- Examples of taking evidence and how to structure questions
Presented by Sean Reidy, Barrister, Chambers at 32; Recommended Employment & WHS Barrister, Doyle’s Guide 2022
3.00pm to 4.00pm The Art of Advocacy in Mediation
- Objectives: What are you trying to achieve in the mediation?
- Preparation: pre-negotiation strategies, influencing perceptions of strength and use of documents
- Presenting the argument: use of agendas and silence, uncovering assumptions and maximising interests
- Effective bargaining: inventing options, expanding issues, trading concessions, breaking impasses
- Closing the deal: effective techniques for achieving closure
Presented by Jenny Rimmer, Jenny Rimmer Mediations; Nationally Accredited Mediator; Preeminent Family Law Mediator Doyle’s Guide 2022
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Persuasive Written Advocacy
- Recognizing opportunities for written advocacy
- How to make your written submissions more persuasive
- The importance of a great synopsis
- How written submissions for applications, trials and appeals should vary
- Relationship between the written submissions and oral argument
Presented by Anand Shah, Barrister, Brisbane Chambers
Presenters
Dr Stephen Lee
Stephen Lee commenced practice at the Queensland Bar in 1995. Before he came to the Bar, Stephen served as Associate to a Justice of the Supreme Court of Queensland, and worked for Morris Fletcher & Cross in Brisbane, and Freehill Hollingdale & Page in Sydney. He also pursued postgraduate studies in law at Oxford where he graduated a Bachelor of Civil Laws, and Columbia Law School (New York) where he graduated a Doctor of Juridical Science. As a Barrister, Stephen has a wealth of experience, with over two decades in practice. He has appeared in a wide range of courts and tribunals including 17 matters in the High Court of Australia. Stephen has experience in many areas of the law, and his practice focuses primarily on commercial litigation, equity and public law. He is also accredited as a Mediator and Arbitrator. For more information about Stephen and some of the cases he has appeared in, go to https://brisbanechambers.com/
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 specialties 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 recognized 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.
Sean Reidy
Sean Reidy is a barrister and mediator. He practiced as a solicitor before being called to the Bar. Sean was chair or a member of a number of QLS committees. He has appeared in all Federal and Queensland Courts and a range of tribunals (most frequently the Fair Work Commission, the Queensland Industrial Relations Commission and QCAT). He is recognised by Doyle’s Guide 2022 as a Recommended Employment and WHS barrister. He appears for clients in employment and employment contract, industrial law, human rights and discrimination, restraint of trade and professional regulation cases. He appears in work health and safety prosecutions. His broader practice covers appearing for and advising clients on contract law, native title related matters, administrative law, statutory interpretation, and defamation. He conducts mediations in all types of cases except family law. Chambers@32 is set up as a mediation centre and is close to the city centre with ample onsite parking. Sean is a long-term Committee member of the Australian Institute of Employment Rights and author of a chapter on the right to effective dispute resolution in The Australian Charter of Employment Rights. Sean is a regular presenter at CPD events including internal law firm sessions.
Anand Shah
Anand Shah joined the Queensland Bar 20 years ago after practising as a solicitor for eleven years. Anand’s practice areas include commercial litigation, administrative law, wills & estates, defamation, and human rights. Anand has appeared as counsel in the High Court, the Queensland Court of Appeal, the Federal Court and as trial counsel in all State Courts, the Federal Circuit and Family Court of Australia and many Tribunals. Anand has acted as a mediator in a variety of disputes including wills & estates, contract, professional negligence, insolvency and personal injuries. Anand has been elected by the Queensland Bar, on many occasions, to serve on its Bar Council (the Bar's peak executive body). Anand is the Immediate Past President of the Asian Australian Lawyers Association (AALA) (Qld Branch). AALA promotes and encourages cultural diversity within the legal profession. Anand is the past chair of QUT’s Learning Potential Fund. That fund supports socio-economically disadvantaged students across all QUT faculties.
Anand sits on the Qld Chapter Committee of the Australian Institute of Administrative Law.
Anand tries to enjoy many things outside of the law: road trips with his wife, music, art, reading (particularly fiction and cookbooks), picnicking, catching up with friends, watching classic cinema and just chilling.
Kelly McIntyre
Kelly McIntyre has a broad commercial and administrative law practice with particular focus on Mining, Energy and Resources law, Contract, Insurance, Property and International Arbitration., Kelly has appeared in complex and lengthy regulatory trials and other matters in the Land Court, Supreme Court, District Court and Federal Court. She has also appeared in a complex international arbitration under the ICC Rules., Kelly is a Nationally Accredited Mediator and is the General Editor of the LexisNexis Alternative Dispute Resolution Bulletin. She holds a statutory appointment as a General Referee on the Queensland Government Development Tribunal and is also appointed to the Land Court ADR Panel as a Panel Mediator for the Land Court. Prior to being called to the Bar in 2010, Kelly practiced as a solicitor in the Energy & Resources team at two national law firms and as in-house counsel for a railway turnkey provider. Kelly has a particular interest in shipping and trade law having attained her Masters of Law (International Trade) from UQ.
Sally Armitage
Sally Armitage was called to the Bar in 1994. Since 2004, the primary focus of her practice has been on building/construction, infrastructure, mining, professional negligence and commercial matters in a variety of jurisdictions, mediation and dispute resolution processes such as arbitration and expert determination. From October 2006 to October 2008, Sally was appointed as a Sessional Member of the Commercial and Consumer Tribunal (Qld). During that time, she presided over numerous matters in the building and construction division. Sally was named in the Doyle’s Construction & Infrastructure Queensland Barristers List as leading junior counsel in 2012 and recommended junior counsel from 2014 to 2019.
Amelia Wheatley KC
Amelia Wheatley KC has a broad public law and commercial practice. Amelia was called to the Bar in 2005 and took silk in 2019, having previously practiced as a solicitor, after completing articles of clerkship while studying Law externally. She was also an associate in the Federal Court of Australia. Amelia holds a Bachelor of Laws (Hons)(1998) from QUT, a Bachelor of Commerce (1994) from JCU and a Master of Laws (with Dean’s Commendation) (2008) from UQ. Amelia is also a member of various professional committee’s with the Bar Association of Queensland, the Australian Bar Association and the Law Council of Australian.
Sean Reidy
Sean Reidy is a barrister and mediator. He has appeared in cases in all courts in the State and Federal jurisdictions as well as tribunals such as QCAT, the Queensland Industrial Relations Commission and the Fair Work Commission. His is briefed in cases involving contract law, administrative law, statutory interpretation, defamation, employment law, human rights and professional regulation, and in mediations.
Jenny Rimmer
Jenny Rimmer Mediations was created to provide people in conflict the guidance they need to achieve a fair and harmonious outcome. Committed to resolving the common disputes of family separation through the process of mediation, Jenny Rimmer gives them that chance. In fact, Jenny is passionate about ensuring that people have the means to resolve their disputes themselves, without the stress and damage of expensive litigation. Read more about her background below. Jenny was admitted as a legal practitioner in 1982, and is presently a solicitor of the High Court of Australia. Jenny is a Nationally Accredited Mediator, an approved Family Dispute Resolution Provider under the Family Law Regulations, and has completed the training for Arbitration provided by the Law Council of Australia. She has practiced extensively in Family Law since 1982, after completing her Bachelor of Laws and Diploma of Legal Practice. Jenny has 36 years' experience as a legal practitioner, specializing in Family Law and defacto matters. Her previous experience as a Federal Magistrate of the Federal Magistrates Court (now the Federal Circuit Court) and Registrar of the Family Court of Australia has not only given her high-level legal knowledge, but also key insights regarding the effect of litigation on families. She has now committed her career to using that knowledge and skill base to help parties resolve their disputes in mediation.
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