Personal Injury Conference

Join your colleagues and keep up to date with the latest developments. In the morning, with workers compensation and public liability updates, explore the interaction of third party and work injury damages claims as set out in Section 151Z, address workplace sexual harassment to navigate personal injury and employment law intersections, plus master essential medical concepts. In the afternoon, obtain practical information that you can take back to work with you. 243N14

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on NSW legislation

Session 1

Personal Injury Law Roundup

Chair: Roshana May, Consultant

9.00am to 9.45am Section 151Z and 151A: The Interaction of Third Party Tortfeasor and Work Injury Damages Claims

  • A case note on Synergy Scaffolding Services Pty Ltd v Alelaimat & Anor [2023] NSWCA 213
  • Temporal difficulties in the operation of Section 151Z(2)(e)
  • Discuss the employer’s right to seek recovery of workers compensation payments under Sections 151Z(1) or 151A of the Workers Compensation Act 1987  

Presented by Dominic Toomey SC, Jack Shand Chambers; Preeminent Insurance Law Senior Counsel, Doyles Guide 2023

9.45am to 10.30am Motor Accident Case Law Update

Gain a rundown and analysis of recent decisions significant to motor accident law and practice.
Presented by David Weng, Principal Solicitor, Legal Heroes Lawyers, Accredited Specialist in Personal Injury Law

10.30am to 10.45am Morning Tea

10.45am to 11.30am Public Liability Update

  • Personal injury liability cases in the NSW Court of Appeal
  • Personal injury liability cases in the High Court

Presented by Dr Tim Channon, Consultant, Barry Nilsson Lawyers

11.30am to 12.15pm Sexual Harassment in the Workplace and the Interaction of Personal Injury and Employment Law

  • Consider the regulatory framework including recent changes in Federal legislation
  • Consider Federal Court decisions relevant to adverse action and relevance to sexual harassment
  • Consider the obligations of the employer as distinct from the insurer when an allegation is raised of sexual assault or sexual harassment in the workplace including the role of any external regulatory body in investigating the allegations

Presented by Michael Barnes, Partner, Carroll & O’Dea; Accredited Specialist Employment & Industrial law and Personal Injury Law

Professional Skills
12.15pm to 1.15pm The Essential Guide to Medical Concepts for the Personal Injury Lawyer

  • How doctors
    • Distinguish between medically normal and abnormal
    • Assess reliability and consistency of information obtained from documents and from claimants
    • Assess medical causation
  • Reliability and validity of medical imaging
  • Distinguishing between objective and subject physical examination signs
  • The concept of usual healing times and reasonably necessary treatment
  • How lawyers can distinguish between medical fact and opinion

Presented by Dr Richard Sekel, Occupational Medical Practitioner; Co-Founder, IMMEX

Session 2

Ethics, Practice Management and Business Skills and Professional Skills for Personal Injury Lawyers

Chair: Michael McAuley, Barrister, Second Floor, Selborne Chambers

Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Hotspots for Personal Injury Law Practitioners

  • General observations
  • Some specific practice rules for personal injury lawyers
  • Lessons from PwC
  • Ethics and AI in the legal profession: challenges and opportunities

Presented by David Miller, Partner, Colin Biggers & Paisley

Practice Management & Business Skills
3.00pm to 4.00pm Managing the Wellbeing and Psychosocial Risks of Personal Injury Lawyers in 2024

  • Current legal and moral landscape for workplace psychosocial risk management: steps to identify psychosocial risk factors for personal injury lawyers
  • Primary, secondary and tertiary intervention strategies to minimise psychosocial hazards and enhance mental health
  • Smart work design factors that contribute to thriving work and workplaces

Presented by Sue Chennell, Director, Shared Safety and Risk

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm Financial Advice and Funds Management for Personal Injury Lawyers

  • Financial planning for injured Australians; those receiving small or large settlements (or none)
  • Options for those without financial capacity; public and private management
  • A guide to the steps involved post-settlement

Presented by Jane Campbell, Principal, Aeran Pty Ltd

Testimonials

“Great Presenters. Heaps to learn and share. Loved the day. Great resources to share.”
“I enjoy when the presenters use recent case law to explain the developments in the law"
“Yes, great as always, will join again next year.”

Presenters

Roshana May
Roshana has over 35 years experience in both private and public sector roles as a personal injury lawyer with a particular focus on the NSW statutory compensation schemes. Currently working as a consultant, her most recent public sector role was as Director, Policy Strategy and Support following three years as the Director ILARS at the Independent Review Office (IRO, formerly WIRO). She is a recognised subject matter expert in workers compensation law and practice. She has a keen interest in workers compensation policy formulation and has represented the legal profession in numerous reform and change processes in the NSW workers compensation and CTP insurance schemes. Roshana is a current member of the Injury Compensation and Costs Committees of the Law Society of NSW and a member of the Specialist Accreditation Committee in Personal Injury Law. She is the current NSW Director of the Australian Lawyers Alliance.

Dominic Toomey SC
Dominic Toomey SC commenced practice as a barrister in 1999, having practised for 6 years before that as a solicitor. During that time he conducted cases in a variety of fields, including many major personal injury actions. He appears as counsel, both at trial and on appeal, in many areas of practice, including common law, contract, equity and crime. He specialises in tort law – including medical and other professional negligence, personal injury and death claims, and intentional torts – and in the fields of insurance and administrative law. Mr Toomey has appeared in many appeals as lead counsel, including in the High Court of Australia in the leading case on the power of arrest, State of New South Wales v Robinson [2019] HCA 46. He has been a councillor of the New South Wales Bar Association for 20 of his 24 years at the Bar, serving as Honorary Secretary of the Association for part of that period and for many years as a member of the Association’s Finance Investment and Audit Committee. He has also sat on the Common Law Committee. He presently chairs a Professional Conduct Committee, the Costs and Fees Committee, and is the Senior Vice President of the Association. Mr Toomey was appointed Senior Counsel in 2015. He appeared for the Respondent (Plaintiff) in Synergy Scaffolding Pty Ltd v Alelaimat and Anor [2023] NSWCA 213, and will be discussing the ramifications of that case in his paper at the conference.

David Weng
David Weng retains an Accredited Specialist status with the Law Society of NSW in Personal Injury Law. He specialises in personal injury claims, challenging government decisions and insurance litigation. David now exclusively represents injured claimants. David speaks Mandarin and Shanghainese. Prior to plaintiff work, David represented some of the largest insurance companies in Australia and worked for two well-known plaintiff compensation law firms in Sydney. He has over 15 years of experience in the personal injury insurance industry. David knows what needs to be done to achieve maximum compensation. David’s clients describe him as a genuine, knowledgeable and ‘a top bloke’. David enjoys helping and navigating people through the complex legal minefield that is personal injury law.  David graduated from the University of Sydney with a Bachelor of Health Science and Nursing and has worked in the past as a Nurse in various Hospitals in Sydney. In 2013 David completed his Juris Doctor and was admitted as Solicitor. David has run multiple cases in the Supreme and District Courts and has appeared unassisted in several interlocutory matters and in the Personal Injury Commission. He is technical, tactical, diligent, and advocates a straightforward approach to resolving disputes. David has published articles and given seminars on insurance law. He is a member of the Injury Compensation Committee of the NSW Law Society. David also regularly writes in the Law Society Journal on compensation matters. In 2020 David was accredited as a specialist in personal injury law. The Specialist Accreditation program is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. Each year the Law Society runs the accreditation program for a select number of areas of law. The program consists of meticulous assessments on both legal knowledge and its application in practice. For accreditation to be conferred the candidate must pass all assessments. To retain their accreditation specialists must demonstrate their commitment to their accreditation through their work and by undertaking additional professional development in their area of accreditation. 

Dr Tim Channon
Tim is a special counsel at Barry.Nilsson. with over 30 years’ experience specialising in litigating numerous insurance and general commercial disputes, including property damage and product liability, indemnity and recovery matters, arson and fraud. Tim has advised insurers on claims relating to cheque fraud and mortgage insurance across the entire sector from the construction, manufacturing and mining industries to the small business sector and householders. He has drafted household, motor vehicle, medical indemnity and lenders mortgage insurance policies for several insurers and acted in many complex commercial disputes, such as contractual, building and trade practices disputes. 

Michael Barnes
Michael’s depth of experience, ability to get to the heart of an issue and communication skills put him at the top of employment & industrial law and personal injury. Michael is recognised in the profession as a leading practitioner in these practice areas and is accredited by the NSW Law Society in employment & industrial law and personal injury. He has served on a variety of committees of the Law Society, including as part of the peer review process by which solicitors become accredited specialists in employment and industrial Law. He has been a partner at Carroll & O’Dea Lawyers since 2013 where he has a busy practice handling matters from a diversity of clients from all areas of New South Wales. Key Professional Achievements: Michael completed a Bachelor of Economics and a Bachelor of Laws in 1975 and 1977 (respectively) from the University of Sydney. He completed a Masters of Laws at Sydney University while working in legal practice. 

Dr Richard Sekel
Dr Richard Sekel is an occupational medical practitioner.  He was on the NSW WorkCover Committee of the 1998 WIM Workers Compensation Act. He is a Fellow and Chair of the Education Committee of Australian Medicolegal College.  He is an ABIME Certified Independent Medical Examiner, a Fellow of International Academy of Independent Medical Examiners, has a Diploma in Occupational Health, is on the Training Faculty of the American Board of Independent Medical Examiners, and is on the Editorial Board of International Disability Journal.  He is a peer reviewer of American Medical Association Publishing (Publishers of the AMA Impairment Guides).  He is a NSW SIRA Authorised Health Practitioner.

Michael McAuley
Michael McAuley has practised as a barrister since 1984.  Prior to Michael’s admission to the Bar, he was Personal Assistant to the Deputy General Manager and Solicitor for the Government Insurance Office, and subsequently Commercial Lawyer. Following Michael’s admission to the Bar he has practised principally, but not exclusively, in personal injury law, including cases involving emergency worker posttraumatic stress disorder.   Michael has also appeared from time to time in criminal matters and before the Independent Commission Against Corruption (ICAC). Michael appeared on behalf of the plaintiff in Day v Perisher Blue Pty Ltd [2005] NSWCA 110; [2005] 62 NSWLR 731, a major case on legal ethics.  There, it was held that a pre-trial conference conducted by a legal practitioner acting on behalf of an insurer in which multiple witnesses attended and discussed amongst themselves the evidence which they intended to give at trial, seriously undermined the trial process, and was improper. Michael practices from Second Floor Selborne Chambers.  Michael has been an Adjunct Associate Professor of Law at the University of Notre Dame Sydney.

David Miller
David Miller is a partner in the Disputes & Investigations team at Colin Biggers & Paisley. Widely experienced in asbestos-related matters, David is a regular speaker in Australia and overseas on indemnity and claims management issues. David is also experienced in corporate governance and risk management (including regulator actions involving the ACCC and various WorkCover authorities), Australian Consumer Law issues and commercial disputes. David was listed as a leading insurance lawyer by Best Lawyers in Australia. He has also been listed as a leading product liability lawyer since the 2017 edition. David sits on the Professional Conduct Committee and has chaired the Ethics Committee of the Law Society of NSW since 2022. David is also a member of the Human Research Ethics Committee of the Sydney-based Centre for Digestive Diseases.

Sue Chennell
Sue Chennell started professional life as a Physiotherapist and quickly moved into working with elite sports teams and professional athletes where maximising individual and team performance was always the goal. When sore thumbs drew her into injury prevention and ergonomics, Sue quickly saw that the workplace was not dissimilar to the sports field. Creating healthy and safe workspaces and people not only amplify human potential but also that of teams and organisations more broadly. Fast forward 17 years in the health and safety industry and as Director of the bespoke consultancy Shared Safety and Risk, Sue’s passions still lie in people. Observing, collaborating with and coaching individuals, teams and her clients to solve problems and integrate health and safety management into the day to day. Sue’s other passions are the ocean, the environment, taking the odd (calculated) risk and adventuring with her young family. As a skilled people manager, Sue has built an experienced, mature yet dynamic team of associate WHS consultants committed to Shared Safety Risk’s collaborative approach.

Jane Campbell
Jane is a financial adviser (and former lawyer) who specialises in personal injury advice. Most of her clients have suffered very serious injuries and lack financial capacity. She has worked in the area of personal injury compensation since she was studying law/commerce at Uni more than 30 years ago. Jane is the Principal of Aeran Pty Ltd, an independent financial advice practice that is focused on the best interests of clients, not biased or compromised by conflicts of interest.  Aeran was founded in order to ensure a client-first approach to advice, investments and service for vulnerable people. The business now has 21 staff and is steadily growing. Jane is a Certified Financial Planner and maintains her qualifications as a lawyer. She lives in Sydney with her husband and two sons.

Venue

Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia

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Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)

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Issues covered include: VCAT's jurisdiction, evidence, procedural fairness, natural justice, Victorian Civil and Administrative Tribunal, VCAT, ADR, mediation, compulsory conference

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Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements

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Issues covered include: Informal wills, Succession, Beneficiaries, Testators, Recent cases, Superannuation, Succession Law and Family Law, contested Probate, Undue Influence, Claims for adult children.

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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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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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