Litigation Issues For All Government Lawyers
Issues covered include: a modern government litigant, ethics, evidence from public sector witnesses, privileges
Description
As a government lawyer you may not litigate all day but that doesn’t mean you aren’t dealing with matters in dispute, appeals of decisions or being required to prepare public sector witnesses – all situations where putting a foot wrong is not only costly but can land you in very hot water. So what exactly do government lawyers need to be aware of should the need arise? Model litigant obligations, privilege, preparing witnesses and misfeasance, just to name a few.
Attend and earn 3 CPD hours including:
1 hour in Substantive Law
1 hour in Ethics & Professional Responsibility
1 hour in Professional Skills
This seminar was recorded in VIC on 11 September 2019
Chair: Christopher Horan QC, List G Barristers
2.00pm to 2.30pm: The Model of a Modern Government Litigant
- What justifies a requirement for government to litigate differently?
- What does being a modern model litigant require?
- Why does it matter and what can go wrong?
- At what points in litigation do these issues most often arise and require greater vigilance?
- First response and managing client expectations
- Knowing when and how to settle
Presented by David Brown, Senior Lawyer, Australian Government Solicitor
2.30pm to 3.00pm: Bound by Ethics: The Model Litigant as Prosecutor
- What it means to be fearless but fair; questions raised in a high profile case
- Ethics of presenting the case
- Prosecution policies
- The continuing role of Apostilides (1984 154 CLR 563 and the Common Law)
- The prosecutor’s role in sentencing
- Prosecutors as Ministers of Justice?
Presented by Andrew Field, Managing Principal Solicitor, Victorian Government Solicitor’s Office
3.00pm to 3.30pm: Preparing Public Sector Witnesses Required to Give Evidence: Guidance and Advice
A detailed guide to best practices for preparing a public sector witness to give evidence before:
- A court
- A Royal Commission
- The Ombudsman or other integrity body
- Parliament
Presented by Liam Brown, List G Barristers; Crown Counsel for the State of Victoria
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Privileges Applying to Government
- Issues with legal professional privilege for government
- Public interest immunity
- Executive privilege
Presented by Edwina Smith, Barrister, List G Barristers
4.30pm to 5.15pm: Misfeasance in Public Office
- The key principles for this still emerging tort which can only be brought against public officers
- The leading and current misfeasance cases
- Some tips and lessons from the cases for Government and its advisors
Presented by Dan Star QC and Roshan Chaile, Barrister, List A Barristers
Venue
Novotel on Collins
270 Collins Street
Melbourne 3000
VIC
Australia