Catastrophic Injury Claims: Back to Basics

This master class on catastrophic injuries offers you the opportunity to delve into issues that occur when dealing with these complex claims. Be guided through the concerns of causation and liability as well as gain practical guidance on acting for a minor. In addition, explore assessment of damages and walk away with a comprehensive exploration of catastrophic injuries. 236W02

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation

Chair: Graham Droppert SC, Albert Wolff Chambers; Recommended Insurance & Personal Injury Law Senior Counsel, Doyle's Guide 2022

2.00pm to 3.00pm Liability in Motor Accident Claims

  • Causation: legal principles
  • Establishing breach of duty: what to consider
  • Recent cases 

Presented by Neil Morrissey, Barrister, Albert Wolff Chambers; Leading Insurance & Personal Injury Law Junior Counsel, Doyle's Guide 2022

3.00pm to 4.00pm Litigating by a Next Friend

A common feature for Plaintiffs who suffer catastrophic injuries is that they lose the capacity to provide legal instructions (amongst other things).

  • Understand the things lawyers for both parties need to be aware of when a Plaintiff does not have capacity
  • Explore the obtaining of necessary evidence to determine capacity, appointing the next friend, and the steps to take to obtain the court’s approval to compromise a Plaintiff’s claim 

Presented by Robert McCabe, Barrister, Albert Wolff Chambers; Recommended Insurance & Personal Injury Law Junior Counsel, Doyle's Guide 2022

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Assessment of Damages in Catastrophic Injury Claims

  • What is a catastrophic claim?
  • Physical and mental consequences of catastrophic injuries
  • Necessary expert evidence to get up such claims
  • Heads of damages claimed
  • Life expectancy issues
  • Drafting schedules of damages before conferences
  • Cost/assessment of future paid care
  • Structured settlements
  • Private v public trustee
  • Levi Saunders v Turner (2020) WADC 133 – implications for defendants – no recovery for unlevied trustee fees on ‘recovery’ of brain damaged young claimants
  • Practical case examples setting out quantum awards
  • Caselaw discussion 

Presented by David Burton, Partner, McCabes; Preeminent Compulsory Third Party Insurance Lawyers (Defendant), Leading Workers Compensation Lawyers (Defendant) and Recommended Public & Product Liability Lawyers (Defendant) Doyle's Guide 2022  

Presenters

Graham Droppert SC
Graham was called to the bar in 1996 after practicing in industrial law and personal injury litigation as a solicitor for 8 years. In the years that followed, his involvement in large cases involving brain injury, spinal injuries and major medical negligence led to a greater concentration on personal injury litigation.  He was appointed Senior Counsel in 2020 and was the National President of the Australian Lawyers Alliance between 2020 and 2022. He has represented Bangladesh as its Honorary Consul-General. Graham also enjoys engaging in the building of the capacity of the State to meet the many demands for a skilled workforce in the years to come through the North Metro TAFE.

Neil Morrissey
Growing up on a remote pastoral property, Neil broke family tradition by choosing a career in the legal profession. Neil's practice is predominantly in the area of civil litigation with a focus on personal injuries cases. Prior to joining the independent bar he was a solicitor at Bradford & Co. In 2013 Neil completed a Master of Laws at the University of Western Australia with his primary research area being negligence liability. He has a special interest in trial and appellate advocacy and has appeared on behalf of clients in most courts. Neil is a LexisNexis Author co-authoring Practical Guidance for the Western Australian Supreme and District Courts. Neil's notable cases include New South Wales v DC [2017] HCA 22 (led) (abuse of minors), Engine Protection Equipment Pty Ltd v Miller [2018] WASCA 55 (workers' compensation), Cullen v Woodside Energy Pty Ltd [2021] WADC 56 (workers' compensation), Gentle v Wright [2021] WADC 63 (landlord and tenant), Jenner v Mundrabilla Roadhouse Pty Ltd [2021] WADC 59 (occupiers' liability), RLA Morgans v Vrebac [2022] WADC 86 (workers' compensation/statutory construction), Delgado v Bevchain Pty Limited [2022] WADC 98 (discovery) and Praetz v Sodexo Australia Pty Ltd [2023] WADC 48 (pleadings). Neil is a member of the RSPCA's pro bono legal panel and is the current Western Australian State President of the Australian Lawyers Alliance. Outside of work Neil is a qualified aerial mustering pilot and has spent time mustering in the East Kimberley region and in the Northern Territory.

Robert McCabe
Robert McCabe was admitted as a practitioner of the Supreme Court of Western Australia in 2008 and joined the Bar in 2013. Robert's practice has been predominantly in personal injury litigation. Robert has represented individuals and employers in various Courts and Tribunals including Work Cover WA, the Administrative Appeals Tribunal, the District Court and the Western Australian Court of Appeal.

David Burton
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation during the height of turbulent apartheid years in South Africa. David emigrated to Perth in 1986 and was an insurance partner at the national insurance law firm, Phillips Fox, for 10 years, where he headed up to the workers compensation department and established a substantial defendant personal injury insurance practice. David joined Norm Srdarov and Graeme Richards to establish, as a founding partner, Srdarov Richards Burton, in 1999, and then rebadged SRB Legal, a specialist insurance law firm. On 1 July 2020 SRB Legal joined and became part of a national law firm, McCabes. David is a highly experienced mediator, having settled 100s of personal injury claims for insurers and self-insureds, but is also an experienced Trial Counsel, regularly appearing as SRB Legal/McCabes In-House Counsel. David has successfully appeared as Counsel in defending claims in the High Court, Appeal Court, Supreme Court, District Court as well as the WorkCover Tribunal over the last 30 years. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. David has over two decades experience in acting as Trial Counsel for the Insurance Commission of Western Australia (ICWA) in the defence of CTP, catastrophic, psychiatric, workers compensation, public liability and employer common law claims. David has consistently been recognised as a pre-eminent defendant CTP and personal injury lawyer in the Doyle Guide rankings from 2016 – 2021. Outside of the law, David is an avid reader, Rugby Union tragic and passionate surfer. He loves the waves in the Yallingup area, and travelling with his wife to tropical surf locations, where the water is warm, the sharks are small and vegetarian. 

Venue

Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia

Map of Parmelia Hilton

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

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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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