Work Injury Intensive
Bringing together an expert panel of work injury lawyers, this program provides practical guidance on running both statutory and common law work injury claims. From eligibility and WorkCover Statutory Benefits, impairment assessments and medical panels, to establishing a common law claim, S138 recoveries Under WorkCover and assessing common law damages, your will deepen your knowledge of this area of personal injury practice. 239V03
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Michael Lombard, Principal, Lombard Mediation
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Impairment Assessments and Medical Panels
Explaining the fundamentals of the impairment process, medical panel procedures and review by the Supreme Court
Presented by Fiona Spencer, Barrister, Green’s List; Leading Professional Indemnity Junior Counsel, Doyles List 2022
9.50am to 10.35am Workcover Statutory Benefits: Eligibility, Exclusions and Proposed Changes
- Eligibility criteria to access statutory benefits
- Exclusions
- Process for disputing adverse decisions including recent developments
- Recent proposed changes to eligibility; where does this leave us?
Presented by Divina Moodley, Director and Principal Lawyer; Accredited Specialist in Personal Injury Law and Nada Breik, Associate, Polaris Legal
10.35am to 11.20am S138 Recoveries Under Workcover
- Understanding how Section 369, Workplace Injury Rehabilitation and Compensation Act 2013 operates, including that “dreaded” formula
- The interaction between a Worker’s claim and a Section 369 WIRC claim and how it can make a defendant’s life difficult!
- Recent cases dealing with Section 369 WIRC recoveries
- Interesting approaches to Section 369 WIRC in deemed worker and some vehicle related claims
Presented by Andrew Seiter, Partner, Wotton + Kearney
11.20am to 11.35am Morning Tea
11.35am to 12.20pm Establishing a Common Law Claim
- Considering the particulars of negligence
- Identifying potential factual disputes
- When expert evidence is required
- Examining recent determinations on Serios Injury in the work context
Presented by Sha Hotchin, Partner, Longton Legal; Accredited Specialist in Personal Injury Law
12.20pm to 1.05pm Assessment of Common Law Damages
This presentation will focus on the elements that must be established and an evaluation of recent relevant decisions and will include a discussion of:
- Intervening injuries
- Mitigation of loss
- Economic loss
Presented by Danielle Meyer, Principal, Robinson Gill Lawyers; Accredited Specialist in Personal Injury Law, Recommended Work Injury Compensation Lawyers (Plaintiff), Doyles Guide 2023
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Michael Lombard
Michael Lombard is a mediator specialising in personal injury claims at Lombard Mediation. Michael was formerly a Partner at Adviceline Injury lawyers when he was awarded Personal Injury Lawyer of the year 2019 by Best Lawyers in Australia. He was previously involved in high profile cases such as the Bourke Street rampage and the Flinders street tram stop attack, as well as a variety of public liability and industrial accident cases. He attained accreditation in Mediation in 2013 and now practices exclusively as a mediator. Michael has also served as a director of the Law Institute and is a current member of the Law Institute ethics committee. He was a Trustee of Lawaid for 10 years, four of which he acted as chairman.
Divina Moodley
Divina Moodley is an accredited specialist in personal injury law. She has been in the personal injury industry for over 12 years, always acting on behalf of injured people. Being born and spending most of her childhood in South Africa, Divina has a deep understanding of inequality, and the limitations people face in accessing justice. It is for this reason that Divina has pursued a career in assisting injured people. The legal system can be difficult to navigate and particularly daunting. Divina is dedicated to ensuring that her clients understand the legal process and feel supported and informed at each step. Divina prides herself on her empathetic approach. She is a fierce advocate for her clients and understands that each client’s story is different. Prior to commencing at Polaris Lawyers, Divina worked at large plaintiff law firms. Throughout her career, Divina has conducted extensive litigation in the Magistrates, County and Supreme Courts.
Nada Breik
Nada assists injured persons in a multitude of personal injury matters including workers compensation claims, motor vehicle accident claims, public liability claims and superannuation/TPD claims. She advocates for her clients with empathy, an eye for detail and passion for their cause. Prior to joining Polaris Lawyers, Nada worked as a lawyer at Australia’s largest personal injury law firm. She has had and continues to achieve notable successes in obtaining compensation for injured persons. While studying law, Nada volunteered at a community legal centre for employment rights named JobWatch and Embrace Education where she was facilitating the bridge between tutors and school students in economically and socially disadvantaged schools across Victoria. Nada is a second-generation Arab-Australian and can speak, read and write fluent Arabic. She moved to many countries and many schools throughout her life. She has developed resilience and positivity for change and challenges. These experiences led her to develop her passion and confident approach to representing injured persons. Nada is a member of the Diversity and Inclusion Committee of the Victorian Women Lawyers and the Law Institute of Victoria.
Fiona Spencer
Fiona practises in administrative, commercial and personal injuries law. Her administrative law and appellate practice includes judicial review of medical panel opinions, appeals from decisions of the Magistrates’, County and Supreme Courts and appeals from the Administrative Appeals Tribunal to the Federal Court. She also advises and appears in discrimination, sexual harassment, immigration and privacy disputes. Fiona’s personal injuries practice spans the gamut of disputes in the area including statutory compensation disputes (under State and Commonwealth legislation including Comcare and veterans’ claims), serious injury applications and jury trials. She has a particular interest and focus on claims involving intentional torts including police torts cases.
Andrew Seiter
Andrew Seiter co-leads our Melbourne general liability practice. He regularly acts for a range of local and international insurers and specialises in handling claims involving public occupier's liability, statutory recovery actions, worker's compensation, product and public liability, and property damage. Additionally, Andrew has specific expertise advising on occupational health and safety (including WorkSafe prosecutions), asbestos and dust diseases, government liability, subrogated recoveries, policy interpretation, statutory indemnity and double insurance issues. Andrew regularly presents on personal injury and property damage topics directly to insurers and brokers, and at industry forums.
Sha Hotchin
Sha is a Partner at Longton Legal and leads the Personal Injury team in Melbourne, Victoria. Sah has been practicing for over 13 years and is an Accredited Specialist in Personal Injury Law. Upon graduating, Sha worked as a WorkCover Claims Officer for the Metropolitan Fire Brigade, this role exposes Sha first hand to the devastating impact of work related injuries. She moved to a small city firm where she built a strong foundation in representing the rights of many injured people in WorkCover, TAC and Public Liability cases. She then spent the following 10 years honing her skills running large, complex court cases at two large international plaintiff litigation firms before joining the team at Longton in 2022.
Danielle Meyer
Danielle is a Principal at Robinson Gill Lawyers. She practices in workers compensation, road accidents, public liability, medical negligence and police misconduct law. Her diverse practice gives her a unique insight into litigation strategies. With over 15 years of experience, she is passionate about assisting her clients to get the best possible outcomes as well as offering guidance through the claims process. Danielle is a member of the Law Institute of Victoria and the Australian Lawyers Alliance.
Venue
Cliftons Melbourne - Southbank
Level 18/2 Southbank Blvd
Southbank
Melbourne 3006
VIC
Australia
Parking information
Parking is not included in your registration. Here are some options below.
NEAREST PARKING • Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)
Click here to view rates.
Directions
CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)
CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)
CLOSEST BUS STOPS • Casino East, 240m (3 min walk)
NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)
FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)