The Civil Litigator’s Toolkit: Pleadings, Affidavits & Experts
Master the art of drafting compelling pleadings, and affidavits through an advanced tutorial, enriched with practical examples. Acquire a checklist to guarantee effectiveness. Enhance your affidavit drafting and witness statement skills for trial preparation with tips and examples. Gain strategic insights on working with experts to advance your client's case. WEB246N14
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Professor Stephen Owen-Conway, Sir Lawrence Jackson Chambers
Professional Skills
1.00pm to 2.30pm Drafting Effective Pleadings: An Advanced Tutorial
- Key differences between pleadings rules across State and Federal jurisdictions
- The distinction between material facts and particulars, by reference to examples
- Making proper requests for particulars
- Avoiding deemed admissions in pleadings
- Applying to withdraw admissions made in pleadings
- Dealing with a defective pleading: To strike out or not?
- Pleading and particularising allegations of agency
- Some examples of defective pleadings, and how to avoid these problems
Presented by Jane Muir, Barrister, Gerard Brennan Chambers
2.30pm to 2.40pm Break
Professional Skills
2.40pm to 4.10pm Preparing Affidavits and Witness Statements for Use at Trial
- Ascertaining
- The issues in the action
- The relevant rules for the court
- The format required
- Using background and documents
- Checking ethical responsibilities
- Drafting recommendations
- Tips for speaking to a witness close to the hearing
Presented by Craig Slater, Barrister, Francis Burt Chambers
4.10pm to 4.15pm Break
Professional Skills
4.15pm to 5.15pm A Guide to Working with Experts: Advanced Practical Tips
- Context: the role of expert evidence
- The objects and duty of the expert witness
- Procedural refresher
- Exploration of practical issues including
- Deciding whether you need an expert
- The lawyer’s role in the preparation of expert reports
- Expert reports and privilege
- What counts as an ‘expert report’?
- Withholding disclosure where fraud is suspected
Presented by Nola Pearce, Barrister, Chambers 33