This timely, and information-packed webinar series will assist senior health decision makers and their legal advisors to keep abreast of hot legal topics and regulatory developments that they will find of practical application. Commencing on Tuesday 30 May and each Tuesday for 3 weeks, the webinars provide information on key legal issues, AHPRA & Medical Board regulatory updates as well as an in-depth look at Coronial Inquiries in a health setting. Book all 3 or the webinars of most value to you. WEB235N26Z

Covid-19 Vaccine Injury, Cosmetic Surgery Update and Subpoenas for the Health

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. 

Presenters

Dr. Tina Popa, Senior Lecturer, RMIT University
Dr Tina Popa is a Senior Lecturer in Law at the Graduate School of Business and Law, RMIT University. Tina's research and teaching interests are in tort law, health law, psychiatric harm and alternative/appropriate dispute resolution. Tina researches legal issues in medical negligence compensation, no-fault compensation systems and psychiatric harm, as well as the role of non-adversarial approaches to justice in tort/health law. Tina's PhD thesis explored the challenges in the litigation and mediation of medical negligence and mental harm claims in the post-Ipp era. Tina is a passionate lecturer and her contribution to L&T has been recognised through university, school and student-nominated awards. Tina's research has been published in leading Australian journals, including the Torts Law Journal, Tort Law Review and Journal of Law & Medicine, and she regularly presents her work at national and international conferences. Tina has had international visiting fellowships in medical law, including with the University of Ottawa in Canada and the University of Antwerp in Belgium. Tina is presently the General Editor of the Tort Law Review (Thomson Reuters), a refereed journal containing coverage of contemporary issues in tort law, within Australia and internationally.

Ms. Emily Hart, Principal Lawyer, Maurice Blackburn
Emily Hart is a Principal Lawyer in Maurice Blackburn's medical negligence department in Melbourne, and a Law Institute of Victoria personal injury accredited specialist. She is also the first point of contact for many people at The Alfred Hospital through the HeLP clinic, which she helped to establish.

Ms. Neroli Martin, Consultant, Barry Nilsson
Neroli has 35 years’ experience including acting for and advising health professionals and organisations responding to professional indemnity claims, disciplinary proceedings and coroner’s inquests. Neroli‘s practice also includes a significant amount of work in general insurance law, including public and product liability, property damage, indemnity and contractual disputes. She has extensive experience in areas such as indemnity disputes, policy interpretation, contract claims and catastrophic injury claims. Neroli focuses on early strategy to assist clients to determine whether a claim should be the subject of alternative dispute resolution, or defence. She has a reputation for achieving excellent results for her clients whether at mediation, or at hearing. Neroli has been recognised in the peer-review guide, Best Lawyers in Australia since 2021, for her expertise in Personal Injury Litigation and since 2022, in Health and Aged Care Law, Medical Negligence and Insurance Law. Neroli holds a Bachelor of Arts and Bachelor of Laws from Sydney University. She is a member of Women in Insurance and the Australian Insurance Law Society.

Professor Tina Cockburn TEP, Director, Australian Centre for Health Law Research
Professor Tina Cockburn TEP, is a Professor of Law at the Queensland University of Technology (QUT), Director of the Australian Centre for Health Law Research (ACHLR), co-lead of the ACHLR Planning for Healthy Ageing program, sessional member of the Queensland Civil and Administrative Tribunal (QCAT) and member of the Queensland Law Society Health and Disability Law Committee. Prior to joining QUT she was employed as a solicitor with Feez Ruthning (now Allens). Tina’s health law research focuses on access to justice by vulnerable members of society in three broad contexts: patient safety law; elder and disability law; and the institutional abuse of children. In the area of patient safety law, Tina’s research focuses on medico-legal issues, health decision making, communication of information to patients (including patient consent and post treatment open disclosure), regulation of healthcare and healthcare providers, medical litigation, compensation and redress arising out of adverse medical outcomes. In the area of elder and disability law, Tina’s research focuses on estate planning, succession law, trusts, decision making, elder abuse and adult safeguarding. In the area of the institutional abuse of children, her research focuses on compensation and redress for child sexual abuse. She has over 170 publications, including peer reviewed articles in quality national and international journals and high impact professional journals, four co-authored books and an edited book. Her research has been supported by national and international competitive grants, including the Economic & Social Research Council (UK) and the World Health Organisation (WHO), industry funding and not for profits. She is regularly invited to deliver lectures and continuing professional education programs for the legal and medical professions.

Dr. Ada Lim, Barrister, 3 St James Hall
Prior to coming to the Bar, Ada worked as a medical practitioner for over a decade, as a solicitor in a boutique litigation firm, and as a casual academic and research student in computer science. Ada also holds a private pilot’s license and is working toward her second and third FAI Diamonds in sailplanes. Ada is also a designated aviation medical examiner.

AHPRA and Medical Board Regulatory Update

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. 

Presenters

Mr. Stephen Moloney, Barrister, Dever’s List
Stephen Moloney practises in administrative law, commercial law, negligence, particularly medical negligence and professional discipline. He has been a member of the Victorian Bar since 1991 and is a member of Dever's List. He is the Chairman of the Medicare Participation Review Committee of the Commonwealth, first appointed in 2010 and was recently re-appointed by the Federal Minister of Health. In this role the suitability of health professionals to participate in the Medicare Scheme is determined. He is the immediate past President of The Australian Institute of Administrative Law (Vic Chapter) and the Medico Legal Society of Victoria. He is a former member of the Human Research Ethics Committee of the Alfred Hospital. He holds a substantial practice in a variety of government regulatory areas including all aspects of the investigation and regulation of health practitioners at both a State and Commonwealth level. He regularly advises and appears for government and its agencies at both a State and Federal level in multiple jurisdictional areas.

Mr. Jack Rush KC, Lennon’s List Barristers
Jack was called to the Bar in 1978, appointed silk in 1992. He was appointed a judge of the Supreme Court of Victoria in 2013, he resigned in 2016 and returned to the Bar. He loves being a barrister! Jack practises in all areas of the law – trial and appellate advocacy, class actions. He appeared as both junior and senior counsel in the Wittenoom asbestos litigation, in the litigation on behalf of haemophiliacs diagnosed with HIV as a consequence of a contaminated blood supply, Victorian potato farmers due to contamination of land as a consequence of the advised use of dieldrin, the first stolen generation case, McCabe v British American Tobacco exposing both corporate and legal misconduct in the destruction of documents, numerous inquiries including counsel assisting the Royal Commission into the Victorian Black Saturday fires of 2009 and as Inquirer into the performance and structure of the Victorian Police Command in 2013. Jack also has appeared both for the medical profession and plaintiffs in medical mal-practise litigation. He appeared for the plaintiff in the case of Backwell v AAA which was the first case where exemplary damages was awarded against a doctor. Jack has been a member of the Royal Australian Navy (Legal Reserve) for 35 years appearing in many Courts Martial and Military Inquiries. He is Currently Judge Advocate General of the ADF holding the rank of Rear Admiral.

Coronial Inquiries in a Medical Setting

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. 

Presenters

Ms. Megan Fitzgerald, Barrister, Greens List
Megan practices in inquests, royal commissions and public inquiries, regulatory prosecutions and damages proceedings. She has a particular interest in medical and legal professional obligations and public administration. Since joining the bar Megan has appeared alone and as junior counsel in disciplinary prosecutions and negligence actions relating to health practitioners and legal professionals; inquests and public inquiries acting for bereaved family members, public interest groups and health practitioners; and personal injury actions arising out of medical, industrial and motor vehicle incidents. Along with appearance work, Megan has a strong practice in drafting and advice work. Prior to coming to the Bar, Megan practised as a solicitor in the insurance litigation department of Lander & Rogers, primarily in professional negligence and personal injuries.

Mr. Darren Bracken, Barrister and former Coroner, Coroner’s Court Victoria
Darren Bracken practices broadly in the civil jurisdiction providing strategic advice and advocacy in both common law and commercial proceedings. He has over 20 years of experience at the Bar and was a Coroner at the Coroner’s Court of Victoria for five years until his return to the Bar in February 2023.Darren has appeared in cases involving debt disputes, insurance disputes (acting for both insurer and insured), professional indemnity claims, defamation proceedings, building disputes. Confiscation Act matters, Sentencing Act claims for property and compensation and a wide range of complex claims including class actions/group proceedings. Darren’s broad experience allows efficient and insightful assessment of facts, law and circumstances resulting in early identification of a case’s strengths and difficulties. His strong communication skills result in his clients feeling engaged and confident that their interests are being enthusiastically advanced. Darren has appeared in many Supreme Court and Court of Appeal cases dealing with applications for compensation under the Sentencing Act including many of the 'Esso/Longford applications' and subsequent appeals. He has appeared at the Racing Appeals Tribunal, the Racing Appeals and Disciplinary Board and the International Court of Arbitration for Sport.

Claire Bassingthwaighte, Legal Team Manager, Avant Law
Claire was admitted as a solicitor of the Supreme Court of Queensland in 2003 and the High Court of Australia in 2006. Before joining Avant in 2008, she worked in private law firms defending public and private hospitals in medical negligence claims and represented the Medical Board prosecuting practitioners. As Manager of the Professional Conduct Team, Claire now leads a group of experienced solicitors who specialise in defending practitioners in a wide range of complex health law matters including; coronial investigations and inquests, commissions of inquiry, and complaints to regulators. She has represented practitioners in the Coroners Court of Queensland, the Human Rights Commission, the Queensland Civil and Administrative Tribunal as well as both the District and Supreme Courts. She also provides general advice as part of Avant’s Medico-legal Advisory service. Claire is the Deputy Chair of the Queensland Law Society’s Health and Disability Law Committee well as a member of the Occupational Discipline Law Committee. She is a volunteer Judicial Committee Member with community sporting organisations and a member of the Medico-Legal Society of Queensland.

Mr. Richard Sergi, Barrister, Greenway Chambers
Richard Sergi is a barrister with over 20 years’ experience at the Bar specialising in medical negligence (common law personal injury claims), Inquests and health practitioner disciplinary proceedings. Complex medical negligence matters and major claims form a significant part of Richard’s practice. His extensive experience covers all clinical areas including, for example, emergency medicine, obstetrics and gynaecology, cardiothoracic medicine, respiratory medicine, orthopaedics, neurosurgery, neurology, general surgery, and psychiatric practice. Richard acts for public health authorities and private hospitals as well as individual practitioners including Visiting Medical Officers, Staff Specialists, and employed medical and allied health practitioners in both public and private practice. The particular obligations, pitfalls and forensic idiosyncrasies of coronial proceedings and the Coroners Act 2009 are a significant part of Richard’s practice. He appears for all manner of interested parties including hospitals, service providers, and health practitioners in matters arising under the Health Practitioners Regulation National Law (NSW).Richard facilitates expert enclaves and is an accredited mediator. He is briefed as Independent Counsel to determine damages of eligible claimants in class action proceedings. While medical negligence and related matters are Richard’s principal area of practice, he maintains a practice in other common law areas including public liability, occupiers’ liability, and intentional wrongs. Richard has built his practice on an unfailing commitment to achieving the best possible outcome for his clients. The hallmarks of his approach are his down-to-earth manner, exceptional advocacy skills and attention to detail. Patient, diplomatic and frank, Richard is an advocate who understands the importance of clear and timely advice. He believes that a collegiate working relationship with solicitors is fundamental to ensuring clients make informed decisions during the legal process and achieve the best result. Richard is a member of the NSW Medico-Legal Society of NSW Inc.

Mr. Joel Harris, Barrister, Greens List
Joel Harris is a Barrister at the Victorian Bar and is a member of Greens List. Joel maintains a broad common law practice, encompassing personal injuries, insurance law, medical and professional negligence claims and administrative law. Joel has appeared in a range of matters including damages trials in the County and Supreme Courts, serious injury applications, statutory benefits hearings (WorkCover, Comcare and TAC) and VCAT reviews. He appears in mediations and statutory settlement conferences. Joel is also Consultant and Reporter for the Australian Torts Reports. Joel was called to the Bar of England and Wales in November 2016 and is a member of The Honourable Society of Middle Temple. In London he worked for the Medical Protection Society managing a range of medical negligence claims including delayed treatment, misdiagnosis, surgical error and failure to warn brought against Dentists, General Practitioners, Surgeons and Consultants.