Advanced Evidence and Advocacy Masterclass
Issues covered include: Written submissions, Interlocutory and Urgent Applications, Cross-Examination Practice and Procedure, Advocacy in Mediation
Description
This unique and practical intensive brings together an esteemed panel of litigators, the Hon. Judge Harman and Supreme Court Prothonotary Rebel Kenna to provide you with valuable insights into how you can elevate your skills to the next level. Focus on high level admissibility issues before perfecting your advocacy craftwork in this can’t miss masterclass led by some of Sydney’s foremost advocates.
Attend the full day and earn 7 CPD units in Professional Skills
Session 1
Mastering the Art of Advocacy
Chair: Rebel Kenna, Director and Prothonotary, Supreme Court of NSW
9.00am to 10.00am: Written Submissions for Appeals: Win it on the Papers
- Drafting written submissions for appeals in the intermediate appellate courts
- Relationship between written submissions and later oral argument
- Observations on applications for Special Leave to Appeal to the High Court
Presented by David Jackson AM QC, New Chambers
10.00am to 11.00am: Advocacy on Interlocutory and Urgent Applications
- 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
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Enhancing Your Cross-Examination Practice and Procedure
- Evaluating your preparation and cross-examination techniques: questions to ask the witnesses and how to discredit the witness
- Less is more: avoiding unnecessary cross-examination and re-examination
- Identifying and leveraging cross-examination inconsistencies
- Controlling the witness to elicit the appropriate response
- Revaluating your approach
Presented by James Glissan AM ESM QC, H B Higgins Chambers; author, Advocacy in Practice, LexisNexis
12.15pm to 1.15pm: The Art of Advocacy in Mediation
- Objectives: What are you trying to achieve in the mediation?
- Preparation: pre-negotiation strategies, influencing perceptions of strength and use of documents
- Presenting the argument: use of agendas and silence, uncovering assumptions and maximising interests
- Effective bargaining: inventing options, expanding issues, trading concessions, breaking impasses
- Closing the deal: effective techniques for achieving closure
Presented by Harold Werksman, Partner, Thomson Geer
1.15pm to 2.00pm Lunch
Session 2
Evidence Masterclass
Chair: The Honourable Judge Joseph Harman, Federal Circuit Court of Australia
2.00pm to 2.15pm Opening Remarks by The Honourable Judge Joseph Harman
2.15pm to 3.10pm: Advanced Strategies for Clear and Persuasive Expert Evidence
Looking through the lifecycle of expert evidence:
- Briefing experts: tips to get it right from the start and what pitfalls to avoid
- The different roles of an expert: fact finder, independent expert (opinion evidence), financial data analyst
- Clean and dirty experts, referees
- Preparing the expert report: drafting the expert’s instructions, assumptions and questions
- The joint expert process and joint reports: how experts interact and to what extent lawyers can retain control
- Giving evidence in the box: an expert’s perspective on cross examination and concurrent evidence
Presented by John Temple-Cole, Partner and Anh Nguyen, Executive Director, KordaMentha
3.10pm to 3.25pm Afternoon Tea
3.25pm to 4.20pm: Electronic Information in Legal Disputes and Investigations
- Understanding sources of electronic information in order to best present your case
- Forensic analysis of electronic information
- Protecting and challenging chain of custody
- Building a case using electronic evidence
- Authentication of electronic evidence
- Tools to present electronic information
Presented by Dr Allison Stanfield, Principal, SG Legal Services
4.20pm to 5.15pm: Evidence Admissibility and Hearsay
- Admissibility issues
- Identifying issues early on
- Developing strategies to deal with problematic evidence
- Getting your evidence in and challenges from opposing counsel
- Hearsay evidence
- Available, unavailable and ‘not reasonably practicable’
- Objections by the receiving party and waiver
- Advance rulings as to admissibility
- Notice requirements and applications
Presented by Alexander Kuklik, Barrister, Third Floor Wentworth Chambers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates