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. 

Thursday, 20 June 2024
Early Bird Discount ends 10 May 2024 $353.50
Description

Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories

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

Chair:

Professor Stephen Owen-Conway, Sir Lawrence Jackson 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

Presenters


Professor Stephen Owen-Conway, Sir Lawrence Jackson Chambers
Stephen Owen-Conway QC specialises in commercial litigation and practices in the fields of competition Law, taxation, intellectual property; corporations law; maritime law and sports law. He appears in the Federal Court of Australia and other Commonwealth Courts and Tribunals. He also appears in the Supreme Court of Western Australia and in the Court of Appeal. Stephen was first called to the English Bar in 1973, then joining the Queensland Bar in 1975 and the Western Australian Bar in 1977 and was appointed a Queen's Counsel in the states of Queensland and Western Australia in 1992. He has held a number of academic positions throughout his career including visiting lecturer at Nottingham University, senior teaching fellow at the University of Western Australia and was a lecturer at the universities of Plymouth, Queensland and Western Australia. Stephen currently holds the position of adjunct professor of law at Murdoch University in Perth. Stephen has a particular interest in professional football and most recently was a director of Cardiff City Football Club in 2012. Stephen’s List Clerks are Svenson Barristers who are located in Melbourne


Mr. Craig Slater, Barrister, Francis Burt Chambers
Craig Slater is a barrister at Francis Burt Chambers Perth where he specialises in commercial litigation. He advises on the Corporations Act and trade practices legislation. He has appeared as counsel in trials arising from disputes over contracts, misleading or deceptive conduct, the dissolution of partnerships, winding up corporations and commercial disputes generally. Craig was the 2013 President for the Law Society of Western Australia. He remains a member of its Ethics committee. He is the convenor of its Quality Practice Standard committee which administers the Society's QPS scheme. Since 2020 Craig chairs the Best Practice Advisory Committee for CPA Australia.


Ms. Nola Pearce, Barrister, Chambers 33
Nola Pearce is a commercial barrister at the private Bar. She was called to the Bar in 2018, having been a solicitor at top- and mid-tier firms for many years previously. Nola’s particular specialities include professional negligence and regulation, and also commercial and contract disputes. She excels in handling highly sensitive claims involving professionals, regulatory bodies and insurers. She brings her wealth of experience and civil procedure expertise to commercial disputes, civil litigation and appellate work, ensuring each matter is conducted efficiently but with clear strategy and attention to detail. Nola has been recognised by Best Lawyers Australia for professional malpractice litigation, awarded the Queensland Law Society’s inaugural President’s Medal for Outstanding Contribution Award, and named a finalist in the Women Lawyer’s Association of Queensland Woman Lawyer of the Year Awards.


Ms. Jane Muir, Barrister, Gerard Brennan Chambers
Jane accepts briefs in all areas of commercial law. Her experience includes acting for clients in banking, bankruptcy, building and construction, commercial contracts, consumer protection, corporate, employment and industrial, equity, insolvency, insurance, real property and trade practices, matters. Jane regularly appears in State and Federal courts and tribunals, in Queensland and New South Wales, and represents clients in mediations and arbitrations.

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The Civil Litigator’s Toolkit: Pleadings, Affidavits & Experts

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DELIVERY MODE BELOW

Single Session
Thursday, 20 June 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
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