Litigation Series: The Skilled Litigator’s Guide

Are you a junior lawyer looking to gain a solid foundation in litigation practice? Join us for our Litigation series! Experienced speakers will provide you with practical tips & insights, sharing their real-world experiences to help you better understand the intricacies of the litigation process. Whether you are just starting out in your legal career or looking to expand your practice, this series is the perfect program for you. Register now & take your litigation skills to the next level. WEB235N03Z

Description

Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

Session 1

Tuesday 16 May 2023

In the world of litigation, knowing how to properly draw up a Statement of Claim or Draft a Defence can make or break a case. Join Barrister Robert Turnbull for an intensely practical session that focuses on the essentials of pleading a case, providing you with the tools and knowledge needed to effectively represent your client. WEB235N03AZ

Chair: Lisa Gooneratne, Special Counsel, HWL Ebsworth Lawyers

9.00am to 10.00am Drawing a Statement of Claim and Drafting a Defence

  • Your client has a claim?  Or they’ve just been served with a statement of claim?  What to do?
  • Focus on the essentials of pleading a case – both in attack and defence
  • Intensely practical – not all the rules and theory about pleading – but what you actually need to put down on the page, and how to get the right instructions to do it

Presented by Robert Turnbull, Barrister, Eight Wentworth Chambers

Register here for Session 1 only

Session 2

Tuesday, 23 May 2023

Get practical tips and insights on Pre-Trial Evidence Preparation from Barrister Lachlan Menzies. Learn how to draft affidavits, compile witness bundles, fact-check recollection and anticipate objections all while following court rules and writing and style guidelines. See how it all comes together with samples from real affidavits. WEB235N03BZ

Chair: Lisa Gooneratne, Special Counsel, HWL Ebsworth Lawyers

9.00am to 10.00am Pre-Trial Evidence Preparation

  • Practical tips based on personal experience in drafting affidavits, as a solicitor at mid-tier and at top-tier firms, and ongoing as a barrister
  • Using the forms for affidavits under the rules of court
  • Preparing pre-trial by compiling a witness bundle
  • Knowing the documents better than your witness, to help fact-check their recollection
  • Writing and style rules
  • Anticipating and avoiding typical objections
  • Samples from affidavits – how it looks in practice

Presented by Lachlan Menzies, Barrister, Eight Wentworth Chambers

Register here for Session 2 only

Session 3

Tuesday, 30 May 2023

Gain valuable insights on briefing counsel from a barrister's perspective with Paul Cutler from Edmund Barton Chambers. Learn how to navigate the three stages of a brief and effectively manage professional relationships with counsel throughout each stage, from initial engagement to trial or hearing. WEB235N03CZ

Chair: John Masters, Barrister, Blackburn Chambers

9.00am to 10.00am Briefing Counsel: The Barrister's Perspective

  • Analyse the three stages of a brief to Counsel
    • Initial engagement and commencement of proceedings
    • Case management stage
    • Trial or hearing. The role of the solicitor and the expectations of the barrister can be different in each of them
  • Gain practical guidance on managing good professional relationships with counsel

Presented by Paul Cutler, Barrister, Edmund Barton Chambers

Register here for Session 3 only

Session 4

Tuesday, 6 June 2023

Join Luke Carbon and Simon Croft for a comprehensive session on Alternative Dispute Resolution. Discover the various methods available, how to choose the right one, and strategies for successfully resolving disputes with the help of mediators and other experts. WEB236N03DZ

Chair: Samuel J Woff, Special Counsel, Lander & Rogers

9.00am to 10.00am Alternative Dispute Resolution: Dealing with Mediators and Other Experts

  • The importance of alternative dispute resolution
  • Choosing the right alternative dispute resolution method
  • Drafting dispute resolution clauses
  • Arbitration as an alternative to litigation
  • Strategies for the success resolution of disputes

Presented by Luke Carbon, Senior Associate and Simon Croft, Senior Associate, Ashurst

Register here for Session 4 only

Presenters

Lisa Gooneratne
Lisa has extensive experience in personal injury insurance law, in a variety of areas. Lisa acts for both private insurers and Government agencies, in the areas of public liability, workers compensation, medical negligence, coronial inquests, medical disciplinary matters and motor vehicle accidents. Lisa also acts for a self-insurers, including a national airline and national banks, in relation to personal injury claims. Lisa is actively involved in the ACT legal community, being a former chair of the Young Lawyers Committee and currently a Commissioner and Board member of the ACT Legal Aid Commission.

Robert Turnbull
Robert accepts briefs in all areas of law, to advise and appear throughout Australia and abroad.  His principal areas of practice are commercial, public law, tax and white-collar crime disputes.  He has particular expertise in arbitration, as counsel and tribunal secretary. Before the Bar, Robert was a solicitor at Clayton Utz, and Slaughter and May in London, with a broad disputes and investigations practice.  In both Australia and the United Kingdom he has acted for financial institutions, governments, pharmaceutical and medical device companies, manufacturers and companies in the resources sector, as well as individuals. Previously, he was Tribunal Secretary to Professor Doug Jones AO, international arbitrator. Formerly, he was tipstaff to the Hon. Justice P A Bergin AO, Chief Judge in Equity. Robert holds degrees from the University of Cambridge and the University of Sydney.

Lachlan Menzies
Lachlan Menzies is a commercial litigator with more than 20 years’ experience. His practice combines large matters in collaboration with Senior Counsel, and a full range of matters unled. As well as litigation, he is briefed for transactional advice and drafting including direct briefs from in-house counsel. A strong position, control, and success in Court are built on precision in pleadings, affidavits, written submissions and associated legal research. Close cooperation with instructing lawyers and a positive client connection are maintained through practical advice, and meetings and calls in conference. Lachlan is adept at Information Technology in legal practice and holds a degree in computer science. Lachlan mainly practises in State and Federal jurisdictions in New South Wales, and also acts in trials and on appeal in the Supreme Court of Victoria. Lachlan is a lecturer in the Master of Applied Law courses at the College of Law, appointed in 2009.

John Masters
In over 30 years of practice, John Masters has been a defence Barrister, Crown Advocate for the specialist fraud unit of the Crown Prosecutor Service of England and Wales and a specialist Crown Prosecutor for prosecuting financial crime and money laundering in the Cayman Islands.  Whilst his criminal practise has an international flavour of financial crime, he primarily practises as a prosecutor in the Northern Hemisphere and a Defence Barrister in the Southern Hemisphere. He has worked on international investigations with major international agencies including the FBI and other prosecuting agencies throughout the world and has also been involved in multi-billion dollar asset recovery projects for various governments. John is also a Criminologist and has written many articles including “The evolving Criminalization of Corporate non-compliance”.  He is also a contributor to the “Research Handbook on International Financial Crime” published by EE Elgar. John is on the Council of Europe panel of experts for training prosecutors, financial investigators and police in investigating and prosecuting financial crime.  He is also a regular presenter at the annual Economic Crime Symposium held at Jesus College Cambridge University.  He has recently returned from presenting seminars and workshops at the Symposium then travelling to Moldova to train financial investigators and prosecutors. Whilst he is usually called upon to deliver seminars involving substantive points of law, he comes to this event to share what he believes may be lacking in the organisation of many practices.  John is developing a series of seminars on proactive litigation which focusses more on the practice management side of a criminal practice: an area he claims to be lacking in training.  He believes that whilst there are many risks practitioners face on a daily basis that they may not even know about.  He also believes that there are many lost opportunities for solicitors should be capitalizing upon. John’s style is to engage the audience and share experiences and embraces contributions.  He claims that he walks away from every seminar learning something himself.

Paul Cutler
Following a decade long career in industrial chemistry, Paul Cutler was admitted to practice as a legal practitioner in 1996 and has been in full time practise at the NSW Bar since 2006. Paul's practice has been almost exclusively in commercial litigation. While he has a specialisation in bankruptcy and corporate insolvency, his practice is more diverse than that and he regularly appears in the District and Local Courts, as well as the various state and commonwealth tribunals. Paul is currently nearing completion of his masters degree in dispute resolution at UNSW. He has been involved in mediations both as advocate and as mediator. He is a Bar Association accredited arbitrator. He has also been a registered migration agent since 2001 and still assists people with visa applications as well as accepting instructions in both merit and judicial review applications.

Samuel Woff
Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator. 

Luke Carbon
Luke Carbon is a Senior Associate at Ashurst specialising in the resolution of disputes in the construction, infrastructure, energy and resources sectors. His experience includes acting on high-value and complex disputes on some of the world's largest and most high-profile projects. Luke has acted for parties in respect of litigation in the High Court of England and Wales, the High Court of Australia and the Supreme Federal and inferior courts of Australia, as well as in respect of arbitrations under all of the main institutional rules. He also has significant experience in the delivery of major projects and the utilisation of alternative dispute resolution to avoid and minimise disputes. In 2019, he was named the Young ADR Practitioner of the Year by the Australian Disputes Centre. In 2022 and 2023, he was listed as a rising star in Doyle's Guide for construction law in New South Wales. His team at Ashurst is ranked Band 1 for litigation, arbitration and construction in Australia by the Legal 500.

Simon Croft
Simon is a Senior Associate in the dispute resolution team at Ashurst. His work has required him to advise on contentious and non-contentious matters across a variety of industries, including: infrastructure (road and rail), commercial, retail, tourism/hospitality, military, energy (conventional and renewable), natural resources, urban development, social infrastructure and parliamentary inquiries. Those matters have been conducted by statutory adjudication, mediation, dispute avoidance board, independent legal arbiter, expert determination, litigation (first instance, appellate and final) and arbitration, in state and federal jurisdictions throughout Australia, and the United Arab Emirates. Simon also provides project counsel services and strategic advice on project delivery issues, with a focus on the timely resolution of those issues before becoming formal disputes.

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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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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