Advanced Evidence and Advocacy Masterclass
Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications
Description
Effective evidence provides the foundation to a solid case. Skilled advocacy provides the tools to build that foundation into a winning case. Without either, everything will crumble. This advanced masterclass focuses on high level evidence admissibility issues while offering valuable insights on advocacy from some of the profession’s foremost advocates and His Honour Judge Blackmore so you’ll have the tools for success in any matter.
Attend and earn 7 CPD units including:
4 units in Substantive Law
3 units in Professional Skills
This conference was recorded in NSW on 1 March 2019
Session 1
Evidence Masterclass: Admissibility and Privilege
Chair: Peter Taylor SC, 13th Floor St James Hall; General Editor, Ritchie’s NSW Uniform Civil Procedure and former General Editor, Ritchie’s NSW Supreme Court Practice
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Admissibility and Persuasive Expert Evidence: Identifying Problem Areas
- Advanced strategies for preparing witnesses and taking statements
- Identifying the problem areas
- Effectively and efficiently testing evidence
- Maximising the admissibility and probative value of their report
- The fine line between pre-trial conferences and coaching
- The usual bases for objecting to expert evidence
- Ensuring you don’t become a witness and preserving confidentiality
Presented by James Glissan ESM QC, H B Higgins Chambers
9.50am to 10.35am: Advanced Rulings on Admissibility: S192A Evidence Act
- What are the outer limits of the ‘business records’ rule? What types of documents classify as ‘business records’?
- What are the consequences of a document being admitted under this rule? What limits can be put on the use of a document so admitted?
- Seeking advance rulings on admissibility: s192A Evidence Act
- What types of cases would warrant making an application?
- Laying the foundation for a s192A Application at directions hearings
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne Chambers
10.35am to 11.20am: Admissibility of Evidence on Construction of Contacts and Deeds
- What evidence can be admitted?
- What is the use to which it can be put to support the question of construction of a contract/deed?
Presented by Dr Elisabeth Peden, Barrister and Mediator, Third Floor Wentworth Chambers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Subsequent Use of Evidence Given in Royal Commissions and Compulsory Examinations
- The admissibility and use of evidence given before a Royal Commission or during a compulsory examination
- Use of transcripts from compulsory examinations
- Abrogation of privilege before Royal Commissions and its consequences
Presented by Alexander Kuklik, Barrister, Third Floor Wentworth Chambers; Lecturer on Evidence Law, Sydney University and Legal Practitioners Admission Board
12.20pm to 1.05pm: Protecting Client Legal Privilege and Avoiding Inadvertent Waiver
- Refresher on elements of client legal privilege
- Maintaining and proving privilege: practical tips
- Avoiding waiver: don’t blow it
Presented by Brenda Tronson, Barrister, Level 22 Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Practical Advocacy; Insights from the Bench and Bar
Chair: John Maconachie QC, 5 Selborne
Professional Skills
2.00pm to 3.00pm: Storytelling as Advocacy: How to Win over the Bench
- Identifying the cause of action
- Knowing what evidence is required to prove your case economically
- Advising the client of the options and the relative costs consequences of all the competing approaches
- What points to press and when to know to back off
- Protecting your client on costs
Presented by Jodi Steele, Barrister, Thirteen Wentworth Selborne Chambers
Professional Skills
3.00pm to 4.00pm: Advocacy on Interlocutory and Urgent Applications for Practitioners
- Assessing urgency and determining when to approach the court
- Effect of delay
- Proceeding ex parte or inter partes
- Notifying the other side
- Preparing the necessary documents
- Tailoring the evidence according to the facts and the time available
- Presenting the facts and the documents
- Assisting the court
- Duties of disclosure during the hearing
Presented by Anthony Cheshire SC, 8 Wentworth Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm: INSIGHTS FROM THE BENCH: Effective Advocacy from the Perspective of the Bench
- The impact of oral and written advocacy
- Expectations of advocates
- Responding to the bench
Presented by Her Honour Judge S J Huggett, District Court of NSW