Public Liability Update

Issues covered include: public liability, personal injury, duty of care, duel vicarious liability, Calderbank offers

Description

Public liability can be such a dense area of the law that it’s imperative to keep abreast of new cases and trends for your practice to succeed. Hear from a panel of experts as they guide you through the latest developments and trends taking place right now. You’ll receive the updates, information and tools necessary to keep up to date in this competitive personal injury sector. There’s an added bonus to this seminar with the last session focussed as a practical interactive application of learning.

Attend and earn 4 CPD points in Competency Area 4: Substantive Law

Chair: John Fiocco, Barrister, Fourth Floor Chambers

9.00am to 10.00am: Duty of Care: A Question of Control

  • The application of the High Court decision of Leighton Contractors Pty Ltd  v Fox [2009] HCA 35
  • The interplay with the Occupational, Health and Safety Act 1984 (WA) and the Mines, Safety and Inspection Act 1994 (WA).
  • Does a principal assume a duty of care when they choose to exercise control?
  • Assessing the prospects of success in public liability claims involving multiple parties: looking outside the box.

Presented by Adam Stewart, Barrister, John Toohey Chambers

10.00am to 11.00am: Dual Vicarious Liability: Shifting or Sharing the Burden?

  • Can a servant have two masters, or is this a wrong/incomplete starting question?
  • Statutory allocation of responsibility & statutory agency: Entanglement with common law vicarious liability?
  • Labour hire, gig economy, sham contracting, institutional sexual abuse and vicarious liability: Incoherence on the move?

Presented by Brian Nugawela, Barrister, Sir Clifford Grant Chambers

11.00am to 11.15am Morning Tea

11.15am to 12.15pm: Order 24A and Calderbank Offers

  • The making of Order 24A/Rule 42A offers
  • Making a valid and effective Calderbank offer
  • The potential costs consequences (for plaintiffs and defendants) of valid offers
  • The tactics behind making offers: some practical observations

Presented by John-Paul Wilson, Principal, Gilchrist Connell

12.15pm to 1.15pm: HEAR FROM THE EXPERTS: Panel Discussion and Q & A - How to Run and Defend a Successful Public Liability Claim

Moderated by John Fiocco

Panellists:
Brian Nugawela, Barrister, Sir Clifford Grant Chambers
Adam Stewart, Barrister, John Toohey Chambers
John-Paul Wilson, Principal, Gilchrist Connell

Venue

Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia

Map of Parmelia Hilton

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking information

Parking is not included in your registration. Here are some options below.

Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton.  Click here to view rates.

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The morning session covers a workers compensation case update, an IRO update, death benefits claims, assessing and aggregating impairment, and a panel discussion with the experts on the PIC and COVID-19. In the afternoon, receive up to date information about what is happening in the Motor Accident Division of the PIC, motor accident practice, challenging a medical assessment certificate and the most recent judicial decisions reviewing motor accident determinations. 223N33

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Receive a comprehensive analysis of all the key personal injury law issues in one day. Spend the morning with experts to obtain key updates on workers compensation cases, psychological injuries, concussion in sport and intentional torts. Stay for the afternoon’s CPD compulsory session, created with the personal injury lawyer in mind, to become CPD compliant while gaining valuable skills and practical takeaways on expert evidence practicing ethically, & practicing in the Personal Injury Commission. 223N09

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The trial or hearing is all about the evidence, so you need to be totally across the latest in forensic evidence. Gain an understanding of the crucial issues in digital evidence, neuropsychology and DNA analysis as these issues become increasingly important and influential on the outcome of criminal and personal injury matters. Hear from respected forensic experts who will guide you through a sample of timely and diverse topics that you need to be across for your practice & your clients. WEB223V21

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Gain key updates in the morning on workers compensation, psychiatric claims, concussion in sport and Civil Liability Act case updates so you stay at the cutting edge of these areas. Plus gain insights into developing strategies at the commencement of a workers compensation action. In the afternoon, gain your mandatory core area points while working through case selection, trial preparation and ethics. 223Q08

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What are the key provisions of the new duty of candour laws? What are the implications for patients and doctors of sexual misconduct in the doctor’s office? What are the legal implications of combining traditional medicine with alternative therapies? These questions will be answered in detail in addition to catching you up on expert evidence in this not to be missed seminar. 223V11

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Gain insights into the current state of the law in relation to vicarious liability, work through the options for making a claim, and hear Dr Viv Waller discuss the latest cases. Delve into each of these timely and practical issues while catching up on the latest on calculating damages in cases where there are intervening events. 223V12

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Obtain a comprehensive roundup of personal injury law developments. Walk away with the latest in public liability, serious injury claims, workers compensation, judicial review of medical panels and more. Obtain your compulsory units with sessions made for personal injury practitioners. Cover all the critical issues in practice including the ethics of polite and frank conduct, an expert witness' experience of cross examination and the concerns brought about by practicing during COVID. 223V16

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Keep up with the latest and most pressing changes and issues in personal injury law. Catch up on the latest in abuse law, workers compensation and victims’ compensation law motor vehicle claims and Covid-19 claims. Plus examine the law in relation to contributory negligence under the Civil Liability Act. 223W07

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Explore your duties in relation to ethical and professional conduct, benefit from practical guidance on good mentoring and creating a successful team, and receive practice advice on preparing for a successful settlement conference. 223W08

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As more and more COVID-19 litigation come through the system, personal injury lawyers will have access to more information about running this type of personal injury claim. Attend this seminar to make sure you understand the medicine and the law relevant to bringing a claim, whether it’s a work-related claim or some other setting. In addition, hear from our employment law expert on vaccination mandates and the employment law implications for personal injury lawyers. WEB225N02

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Have you recently started working as a personal injury lawyer, paralegal or clerk in a workers compensation practice, or just want to brush up on the essentials? Attend and hear from experienced personal injury practitioners who will share their knowledge and experience on the key provisions of the pre 2012 system that still apply and the current statutory scheme since 2012. Obtain a practical guide of the current funding system and examine current cases & the critical takeaways for your practice. 226N07

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Boat owners/charterers and the lawyers advising them should have a comprehensive understanding of the risks and liabilities that can arise from sailing and boating accidents and incidents. Examine these risks and liabilities, how to minimise them, and what to do if an incident occurs. Ensure you’re across not only the risks of injury or property damage, but also the ramifications if there is an accident and what liability, insurance & damages issues may arise. WEB226N08

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Attend and identify the latest legal issues for participants and providers under the NDIS while developing knowledge and strategies to effectively deal with those issues. Gain insights into the latest cases from the AAT and Federal Court and examine what the decisions mean to you and your clients. Explore the legislative framework for decision making and capacity including the key issues and how you should handle them. Plus delve into the latest updates on specialist disability accommodation. WEB226N36

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If you are new to or only recently started running or defending psychological injury claims or would like a refresher, then join a prominent psychiatrist working in the field, senior counsel, and leading experts in the area who will walk you through the fundamentals of the medicine, the law, and how it all fits together. WEB226V09

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Personal injury lawyers need to master many professional skills; drafting, retaining experts, the how, when and why of briefing a barrister and, with significant delays in obtaining a date for hearing in personal injury cases, knowing how best to utilise a mediation. All these are skills worth honing. Join our panel or personal injury experts to delve into the finer points of running a claim. OND229Q03

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Personal injury lawyers need to master many professional skills; drafting, retaining experts, the how, when and why of briefing a barrister and, with significant delays in obtaining a date for hearing in personal injury cases, knowing how best to utilise a mediation. All these are skills worth honing. Join our panel of personal injury experts to delve into the finer points of running a claim. 226W02

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This is a must-attend webinar for anyone associated with public health and medico-legal issues who need to delve into current legal and regulatory matters as law and health continue to collide. From the laws around voluntary assisted dying, digital healthcare, employment issues and trends in complaints against health practitioners, to perimortem sperm retrieval and consent for treatment of gender dysphoria in minors, this program has it all. WEB228N52

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If you need to obtain or brush up on the essentials of either running or defending motor accident or workers compensation claims, then join this expert panel including members of the Personal Injury Commission, medico-legal specialists including a psychiatrist and orthopaedic specialist plus legal counsel who will walk you through the fundamentals of the medicine, the law, and how it all fits together. 228N03

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The Complaints Commissioner from NDIS Quality and Safeguards Commission, leading Disability Service Providers, legal advisors and a medical practitioner will address the most pressing issues you are facing. You will gain a deeper understanding of the Code of Conduct, the processes and how it works in practice. On 1 July 2022 the amendments to the Social, Community, Home Care and Disability Service Industry Award 2010 (SCHADS Award) will come into effect. Come and hear this and so much more! WEB229N55

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If you are looking for the absolute latest and most critical information you need to navigate dust diseases litigation in jurisdictions around Australia, then this conference is the one you should make time for. This all-encompassing program covers off on the medicine, assessment of damages, the key legal issues in causation and economic loss plus the proposed reforms. WEB229N56

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Obtain a refresher on both the law and the all-important practical aspects relevant to making a TPD, income protection and death, insurance claim. You will also walk away with a better understanding of neuropsychology and psychiatry when you receive insights from the medico-legal experts and canvass the key issues that arise when litigating a dispute. 228Q03

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Keep up to date with recent changes to legislation and recent case law; from changes to workers compensation and workplace health and safety legislation to a review of significant recent cases relevant to civil claims for institutional abuse and dangerous recreational activities, this seminar provides you with information that you need to ensure you give appropriate advice to your clients. 229W08

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Ensure you keep abreast of developments in the personal injury/insurance space by attending this morning filled with TAC and public liability legislative changes and recent cases, the latest on police torts plus tips and traps on evidence in personal injury cases. WEB229V03

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As we come to the end of 2022 and with the Personal Injury Commission nearing its 2-year anniversary, November will be the perfect time to reflect on the effect of the transition to a single tribunal to manage motor accident and workers compensation claims, update your knowledge and examine how the Courts have reviewed PIC decisions and developed the law relating to these two areas of compensation law in NSW. 2211N24

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The cosmetic procedures industry is a booming sector with Australians being some of the highest per capita consumers of tummy tucks, facelifts, liposuction, breast implants and fillers. Cosmetic procedure medical negligence claims have grown exponentially in line with the increase in marketing and popularity of cosmetic procedures. Presented by experts with the relevant legal and medical knowledge who will share their wealth of experience of the complexities of running or defending a claim. WEB2211N08AZ

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There is so much to know about maximising damages in personal injury cases and this webinar provides you with 3 presentations on key issues lawyers grapple with on a day to day basis. On this occasion, you will hear about the value of respecting your opponent's case to minimise risk, joint expert conclaves in personal injury claims and ensuring you are able to assess damages for economic loss in financial dependency claims. A not to miss opportunity for your damages claim. WEB2210N04Z

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Bringing knowledge, deep skills and thoughtfulness to their presentations, this panel of experts share information about current and emerging challenges from the coalface. From permanent stays and setting aside deeds to a fresh look at novel duty of care claims, cultural awareness and safety of indigenous claimants and finishing with a panel discussion on ensuring that the process and outcome is ultimately beneficial to the applicant, this webinar has it all! WEB2211N80Z

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Examine key cases and scrutinise Workers Comp claims from both sides. Attend and gain not only an update on recent important workers compensation cases and an in-depth analysis of the treatment of psychological injuries but also the duty of care arising from the decision of Kozaro. Upskill with the inclusion of presentations that provide guidance on developing a strategy at the commencement of a workers compensation claim and an examination of defences such as serious and wilful misconduct. 2211W03

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Created especially for Workers Compensation lawyers. Attend this seminar to tick the Mandatory CPD box well in advance of the 31 March deadline. You’ll obtain guidance on understanding your ethical duties to ensure you are practising according to your professional obligations, undertaking a financial health check for your practice and also obtain the latest information about legal costs in personal injury matters. 2211W04

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Bringing together a panel of experts passionate about this area of medical negligence – this webinar is your opportunity to deepen your understanding and knowledge of obstetrics negligence claims. Hear an explanation of the medicine, obtain important guidance on what to do if you are retained to commence proceedings, receive practical advice on building the defence and explore the evidentiary challenges specific to obstetric negligence claims WEB2212N08BZ

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With the NDIS legal space evolving, get up to speed with the latest Legislative changes, recent cases from the AAT, instruments for protecting participants legally, the Government Agencies involved when issues arise, and so much more! This intensive conference is not to be missed by everyone involved with participants, service provision and legal representation & advisory services. WEB232N09Z

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To have an agile, informed and successful personal injury practice you need to be up to date with legal developments relevant to you. That is what this seminar provides you. Hear from experts on victims’ compensation, psychiatric injury and claims for injuries in mines and claims arising from a supplier’s, manufacturer’s and employer’s duty to provide safe plant and equipment. 233W07

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This timely, and information-packed seminar will keep you up to date and deepen your knowledge of key legal issues for medical negligence and health law practitioners. Covering preparing for conclaves, adequacy and admissibility of expert evidence and mediation this seminar has it all! 232N10

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Tick those ethic, professional skills and practice management boxes by attending this seminar which included presentations crafted specially to enhance your personal injury practice. Gain practical guidance on ethics in mediation, while also gaining tips and insightful guidance on managing the expectations of the injured client 233W08

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Obtain a refresher on the law and evidence relating to TPD, income protection and death insurance policies and learn about the impact of recent cases. WEB232V02Z

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Gain insights into the current state of the law in relation to discovery in Victorian Institutional Cases, permanent stays and pseudonym orders and claims again individual perpetrators as well as an analysis of the latest significant cases. 233V13

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This timely, and information-packed seminar will keep you up to date and deepen your knowledge of key legal issues for medical negligence and health law practitioners. Covering preparing for trend in cerebral palsy cases, the new duty of candour, adequacy and admissibility of expert evidence and mediation this seminar has it all! 233V14

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To have an agile, informed and successful personal injury practice you need to be up to date with key legal developments. Hear from our experts on workers compensation, public liability psychiatric injury, motor accident claims and intentional torts in the morning followed by ethics, practice management and professional skills presentations in the afternoon. 233V21

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If you are looking for the most critical information you need to navigate dust diseases litigation in jurisdictions around Australia, then this conference is the one you should make time for. This all-encompassing program covers off on the medicine, assessment of damages, the key legal issues in causation and economic loss plus the proposed reforms. WEB233N16Z

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To have an agile, informed and successful personal injury practice so that you are up to date with key legal developments. That is what this conference provides in the morning, while ensuring you are CPD compliant with ethics, practice management and professional skills presentations in the afternoon. Obtain updates on public liability, motor accident law, psychological injury claims, analysis of the constitutional and personal injury law plus information on medical causation in compensable injuries. 233N23

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If your personal injury practice includes motor accident and/or workers compensation claims, you need to stay ahead in the complexities and evolving state of play. This is the program that gives you the edge. You will learn of recent developments in the Personal Injury Commission, hear the latest on The Motor Accident Injuries Act 2017, obtain an update on the latest workers compensation and motor accident cases and obtain an analysis of claims involving multiple injuries at work and much more! 233N44

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You asked, we listened. In this not-to-be-missed event, no stone will be left unturned as you learn how to effectively communicate with the NDIA, from the former Advisor to the CEO of NDIA. You will gain insights from a privacy law expert on your legal obligations for collection, storage and sharing of participants’ information with third parties. Don’t get caught out, and act fast, as there are limited spaces for attending this exclusive seminar. WEB2212N30Z

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We have assembled a team of experienced thought leaders & experts in Abuse Law who will share their knowledge & arm you with the critical information needed to stay ahead. Regardless of whether you appear for claimants or defend claims you will have the opportunity to immerse yourself in all things evidentiary in the morning & elevate your knowledge in the evolving area of personal injury law in the afternoon. From institutional abuse claims in juvenile detention to legal capacity & so much more. WEB233N50Z

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There is so much to know about maximizing damages in personal injury cases and this webinar provides you with 3 presentations on key issues lawyers grapple with on a day-to-day basis. On this occasion, you will hear about the value of respecting your opponent's case to minimize risk, joint expert conclaves in personal injury claims and ensuring you are able to assess damages for economic loss in financial dependency claims. A not to miss opportunity for your damages claim. WEB233N68Z

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This seminar offers you the chance to obtain an update on legal and regulatory developments in relation to TPD, life insurance and death benefits claims. Examine the provision of the new life insurance Code of Practice. Benefit from essential practice guidance on income protection claims. Learn about good faith and TPD claims identified for refusal, and how to set aside the insurer’s decision. All this and more from some of Sydney’s best personal injury specialists. 233N58

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To have an agile, informed and successful personal injury practice you need to be up to date with key legal developments. That is what this conference provides in the morning, with ethics, practice management and professional skills presentations in the afternoon. Obtain updates on workers compensation, motor accident and public liability law, plus claims arising from sexual assault, harassment, and sexual violence and protecting costs. 233Q06

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Covid-19 vaccine Injury compensation, insight into proposed changes to the regulation of cosmetic surgeons and a practical guide to subpoenas and how to respond to them are the hot topics covered in this webinar. WEB235N26AZ

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Update your knowledge and understanding of the current approach of AHPRA and the Medical Board when undertaking disciplinary investigations and hearings plus obtain a comprehensive overview of claims against doctors for overpayment and false claims. WEB236N26BZ

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Immerse yourself in all things coronial. Starting with an overview of the jurisdiction, continuing with a presentation focusing on coronial investigations involving medical professionals and finishing with a presentation by a recently retired coroner, looking at the recent decisions relating to the exception to giving self-incriminating evidence. You will come away from this webinar with a deeper understanding of coronial inquiries in a health setting. WEB236N26CZ

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Be across the issues and conflicts involved with disability, capacity and supported decision making, and the importance of leadership by people with intellectual disability in the move towards supported decision making. Hear likely outcomes of the Royal Commission and NDIS Review, the best ways to respond to funding decisions, and discuss 2022 NDIS legislation amendments, including the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022 WEB236N12Z

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This master class on catastrophic injuries offers you the opportunity to delve into issues that occur when dealing with these complex claims. Be guided through the concerns of causation and liability as well as gain practical guidance on acting for a minor. In addition, explore assessment of damages and walk away with a comprehensive exploration of catastrophic injuries. 236W02

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If you are new to running or defending total and permanent disability claims or just looking for a refresher, then attend this webinar to obtain and deepen your understanding of the law and practice. WEB236Q01Z

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Personal injury lawyers need to master many professional skills; drafting, retaining experts, the how, when and why of briefing a barrister and, with the current significant delays in obtaining a date for hearing in personal injury cases, knowing how best to utilise a mediation. All these are skills worth honing. Join a panel of personal injury experts to delve into both the art and practice and procedure of running a claim. WEB236V03Z

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If you are new to or only recently started running or defending psychological injury claims or would like a refresher, then join a prominent psychiatrist working in the field, senior counsel, and leading experts in the area who will walk you through the fundamentals of the medicine, the law, and how it all fits together. WEB236V04Z

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Keep up to date with the recent changes to total and permanent disability and income protection claims, delve into the technicalities of claiming interest and obtain constructive guidance on what to do when the claim is declined. Take a deep dive into the law applicable when trustees are self-insurers. Gain insight into the legal and medical perspective of vocational assessments and choice of expert. 238Q03

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This unique program offers 3 industry experts who will dissect a key area related to maximising a personal injury claim. Examine how to ensure your knowledge of financial and accounting principles contributes to a better outcome for your client, explore the law and practice that improves the ultimate result as well as creates a productive working relationship with expert medical witnesses and finally, ensure you have the tools to maximise damages for loss of earning capacity. WEB238N12Z

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Ensure you benefit from 4 of the leading lights in in public liability claims. In just one morning you will gain a detailed review and analysis of the legislative and case law that applies to public liability in NSW including establishing liability under the Civil Liability Act 2002, the application of compensation to relatives and Section 15 of the Civil Liability Act as well as a comprehensive guide to assessing damages. 239N28

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An annual must-attend. Dust disease is exploding. Obtain a comprehensive roundup of everything new and important in dust diseases, covering medical and legal updates on the current state of play of claims involving asbestosis, silicosis and mesothelioma. Take a deep dive into assessment of damages, an exploration of the impact of the claimant being an aging carer plus hear from a leading dust diseases lawyer providing up to date information on asbestos litigation in the UK. WEB239N27Z

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Tackle the practical implications of the current and emerging challenges facing lawyers working in the abuse law space – everything from dealing with defences through to damages. Navigate the issues of setting aside deeds and the “Dead Man’s Defence” which is being used frequently in abuse claims. Consider the practical legal implications for secondary victims matters plus an analysis of assessment of damages in institutional abuse law. WEB2310N04Z

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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, extension of limitation periods, to establishing a claim for employer negligence and assessing damages, your will deepen your knowledge of this area of personal injury practice. 239Q03

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With these three lunchtime webinars in October, you will become CPD compliant with ethics, practice management and professional skills presentations that will enhance your practice as a personal injury lawyer. From conflicts of interest, to what you need to know about neuropsychology, and your obligation to protect client information from cyber attacks - walk away with the most up to date toolkit for your practice. WEB2310N03Z

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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

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In the face of recent high-profile conflicts that have caused a major firm to fall from grace, this conflict-of-interest refresher will recalibrate your ethical compass and assist you to navigate your legal practice with confidence. WEB2310N03AZ

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Traumatic aortic transection, also known as aortic rupture, is the near-complete tear through all the layers of the aorta due to trauma. Attend this webinar to obtain knowledge of the medicine and the legal issues that may arise. WEB2310N03BZ

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This webinar will bring you right up to date with what is happening in terms of data breach, data sharing and cybersecurity and what you should be doing to protect client information. WEB2310N03CZ

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Attend and receive invaluable information on the critical legislative reform and other updates impacting NDIS. Dissect the anticipated outcomes and far-reaching impacts resulting from the NDIS review and the final report of the Royal Commission. Led by a distinguished panel of industry professionals, join them to navigate the challenges encountered by both providers and participants, and leave equipped to navigate the future of the NDIS. WEB238N13Z

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From an expert panel of work injury lawyers gain practical guidance on running both statutory and common law work injury claims. From eligibility and WorkCover statutory benefits, a close look at settlements and the recovery of benefits paid by a third party through to establishing a common law claim and assessing common law damages, attend and deepen your knowledge of your work injury practice. 239W07

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Attend this webinar and walk away armed with up-to-date knowledge of recent developments in statutory benefits, what you need to know about trials involving unidentified drivers, key and recent relevant cases on assessment of damages, and expert medical guidance from an esteemed neurologist and neuropsychologist discussing the anatomy of a head injury. WEB2311V05Z

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Get up to speed on the latest news from the Independent Review Officer, followed by updates on emerging vicarious liability issues applicable to labour hire and host employer, psychological injury claims and nature and condition claims. Obtain updates on significant developments in the Personal Injury Commission from Marie Johns, Division Head Motor Accidents Division, a discussion of the new threshold injury test, and Jnana Gumbert’s biannual update on judicial review of motor accident decisions. 2311N20

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Benefit from the unique expertise of 4 of the leading practitioners in public liability law. In just one afternoon, you will gain a detailed review and analysis of current legislation and case law that applies to public liability in Queensland including establishing liability under the Civil Liability Act 2003, challenging liability claims and a comprehensive guide to assessing damages and ensure the best possible financial result for your client. WEB245Q02

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Benefit from the unique expertise of 4 of the leading practitioners in public liability law. In just one afternoon, you will gain a detailed review and analysis of current legislation and case law that applies to public liability in WA including establishing liability under the Civil Liability Act 2003, challenging liability claims and a comprehensive guide to assessing damages and ensure the best possible financial result for your client. WEB2311W03Z

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