To have an agile, informed and successful personal injury practice you need to keep up to date with key legal developments. And that is what this conference provides plus ensures that you are CPD compliant with ethics, practice management and professional skills. Obtain updates on public liability, labour hire negligence claims, motor accident and workers compensation practice in the PIC plus psychological injury claims, plus what you need to know about making a personal injury claim on behalf of a deceased estate.
Chair: Damien Toohey, Barrister and Mediator, Second Floor, Selborne
Together with, David Miller (Chair of the Law Society of NSW Ethics Committee) examine recent disciplinary decisions and extract lessons for practitioners relating to:
- Competence
- Conflicts
- Client communication
- Courtesy to our fellow practitioners
Presented by David Miller, Partner, Colin Biggers & Paisley; Preeminent Leading Dust Diseases Lawyers (Defendant), Doyle’s Guide, 2023
- 3 questions to answer if you want your tough conversation to get the result you're really after
- 3 tough conversations we all need to have and have to get right
- 52 Types of Difficult People (and counting) but they all have just 3 things in common
- 3 personal conversation scripts including the FEWER Script to make your life easier
Presented by Mark McPherson, Consultant, Workplace Harmony, and former teacher
Great presenters
Everything was fascinating!
These case law updates always good
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Chair: Adam Abboud, Special Counsel, McInnes Wilson
- Key Personal Injury Commission decisions
- Key Court decisions
- Issues facing practitioners in the Workers Compensation Division and the Motor Accidents Division
Presented by Con Ktenas, Consulting Lawyer and Peter Hunt, Principal, McCabes Lawyers; Preeminent Compulsory Third Party Insurance Lawyers (Defendant), Doyle’s Guide 2023
- The duty of the “host employer”; is it the same as the duty of the employer?
- The degree of fault of the employer TNT v Christie and beyond, and sec 151Z WCA
- Who is required to provide training and instruction?
- Control of the work site vs system of work
- Damages under CLA vs WID damages
- Issues of evidence
Presented by Tim McKenzie, Barrister
- Personal injury liability cases in the NSW Court of Appeal
- Personal injury liability cases in the High Court
Presented by Dr Tim Channon, Consultant, Barry Nilsson Lawyers
As a personal injury lawyer, you may find yourself representing an estate bringing proceedings for personal injury damages to a deceased’s estate. Examine:
- The risk of adverse costs orders, protraction of litigation, delayed administration of the estate and related uncertainty in respect of outcomes can open the executor to criticism, personal costs orders and/ or removal as executor for want of due administration of the estate.
- Judicial advice as a key tool in protecting an executor or trustee in the pursuit or defence of litigation of a deceased’s estate
Presented by Matthew Jones, Barrister, Jack Shand Chambers
- Steps to be taken
- Pitfalls
- Case studies
Presented by Matthew Eirth, Barrister, Jack Shand Chambers
- Institutional abuse case studies
- Development of intentional torts in Australia
- Development and future of vicarious liability, as well as their expansion into commercial and economic torts
Presented by David Baran, Barrister, Jack Shand Chambers
Presenters
Mr David Baran, Barrister, Jack Shand Chambers
David Baran was called to the Bar on 01 November 1991 and since that time has conducted a general practice but has concentrated primarily on common law in particular damages for personal injury with a specific focus on psychiatric injury representing both plaintiffs and defendants. He has appeared in the High Court of Australia, the New South Wales Court of Appeal, the Supreme Court of New South Wales and the District Court. He has also conducted cases around the country and was recently involved in the case brought by the detainees of the Don Dale Detention Centre in the Northern Territory. He applied and was granted special leave in Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 which established the principle of a common law duty of care being owed by employers to persons who had a bond of close and loving affection with an injured worker to recover damages for psychiatric injury before s 51P was repealed. He maintains the record for one of the highest verdicts of exemplary damages for malicious prosecution in Nye v State of New South Wales [2002] NSWSC 1212. He continues to represent both plaintiffs and defendants in complex tort cases but has been practising ever since the old jurisprudence regarding nervous shock was abolished by the High Court of Australia in Tame v New South Wales (2002) 211 CLR 317 and Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317.He will be setting out recent developments by application to caselaw from New South Wales, the High Court and around the country in his presentation today.
Adam Abboud, Special Counsel, McInnes Wilson
Adam is a Special Counsel in the firm's Insurance team. Adam began his legal career at a community legal centre, before spending the last 12 years working in various aspects of insurance law. At McInnes Wilson Lawyers since 2017, Adam has specialised in general insurance (including indemnity / policy coverage advice), motor accidents (personal injury CTP and property damage recovery / defended), public liability and dust disease matters. Adam previously spent four and a half years representing plaintiffs in personal injury, before moving to work with defendants. As a result, he has a unique insight into how both sides approach matters, enabling him to provide clients with efficient and cost-effective advice to help them through litigation. Adam was a Law Society Student Mentor in 2018, and has been on the Law Society Injury Compensation Committee since 2019.
Con Ktenas, Consulting Lawyer, McCabes Lawyers
Con has over 36 years of experience in litigation in every jurisdiction. He is an Accredited Specialist in Personal Injury. He is a former long serving member of the Law Society Injury Compensation Committee, a current member of the Accredited Specialist Advisory Committee and the President of the Law Society’s Commercial Arbitration panel. Con is a Local Court Arbitrator and a former District Court Arbitrator. He is a former President of the City of Sydney Law Society. He has practised in all areas of personal injury litigation including workers compensation, work injury damages, total permanent disability (TPD), occupiers liability, professional negligence, medical/dental negligence, asbestos litigation ,institutional sexual abuse; and toxic torts litigation such ionising radiation and the herbicide “Roundup”.
Matthew Jones, Barrister, Jack Shand Chambers
Matthew was called to the Bar in 2020. Matthew practices in matters involving personal injury, motor accidents and Judicial Review. In addition, he practices in commercial litigation, commercial leases, disciplinary law, Tribunal matters and administrative law, Matthew regularly appears for executors, trustees and beneficiaries in deceased estate matters. He is recognised for his considered and pragmatic approach to legal problem solving.
David Miller, Partner, Colin Biggers & Paisley
David Miller is a Partner in the Disputes & Investigations team at Colin Biggers & Paisley. Widely experienced in asbestos-related matters, David is a regular speaker on indemnity and claims management issues. David is also experienced in corporate governance and risk management (including regulator actions involving the ACCC and various WorkCover authorities), Australian Consumer Law issues, defamation, and commercial disputes. David is listed as a leading insurance and product liability lawyer by Best Lawyers in Australia. Doyles Guide lists him as a preeminent lawyer in dust diseases claims. David sits on the Professional Conduct Committee and Disclosure Committees of the Law Society of NSW and has chaired the Society's Ethics Committee since 2022. David is also a member of the Human Research Ethics Committee of the Sydney-based Centre for Digestive Diseases.
Mark McPherson, Consultant, Workplace Harmony
Mark has more than 45 years’ experience working on the front line and behind-the-scenes. He’s been a team member, a team leader, a manager and a manager of managers. He’s been a Tourist Guide, Science Teacher, Lecturer (Health Education and Behaviour Management), Senior Education Officer (Drug and Alcohol and at the NSW Board of Studies), Senior Health Promotion Officer, HIV/AIDS and Sexual Health Coordinator and Manager of Professional Development (NSW Health), and Team Leader (Drug Programs Coordination Unit, NSW Police). He‘s been an independent program evaluator, researcher, instructional designer and educator. These days, Mark concentrates on helping business owners, managers and employees at all levels of all organisations Create Workplaces where People Work Together in Harmony. Mark has formal qualifications in science, health, education and psychology – MEd, BSc, GradDipEd, GradDipHealth, PostGradDipPsych & DipHypn.
Peter Hunt, Principal, McCabes Lawyers
Peter is the Practice Group Leader of the Statutory Insurance Group at McCabes Lawyers, specialising in compulsory third party insurance (CTP). In each year from 2019 to 2023, Peter’s team was recognised by Doyle’s Guide as a First Tier Defendant CTP Team. In the same years, Peter was recognised by Doyle’s Guide as either a Pre-Eminent or Leading Defendant CTP Lawyer. Peter has been the driving force behind a number of value-add initiatives, including the Proper Lookout Podcast series and the PIC Decision of the Week. Peter is an Accredited Specialist in Personal Injury and a member of the Law Society's Injury & Compensation Committee.
Tim McKenzie, Barrister
Tim has 35 years experience at the bar and does exclusively common law cases in the various Tribunals and Courts in NSW. His main experience has been representing Plaintiffs in industrial accidents and motor accidents claims. He also does medical negligence claims. He likes cricket and has too many children, but a sympathetic dog.
Dr Tim Channon, Consultant, Barry Nilsson Lawyers
Tim is a Consultant at Barry.Nilsson. with over 30 years’ experience specialising in litigating numerous insurance and general commercial disputes, including property damage and product liability, indemnity and recovery matters, arson and fraud. Tim has advised insurers on claims relating to cheque fraud and mortgage insurance across the entire sector from the construction, manufacturing and mining industries to the small business sector and householders. He has drafted household, motor vehicle, medical indemnity and lenders mortgage insurance policies for several insurers and acted in many complex commercial disputes, such as contractual, building and trade practices disputes.
Damien Toohey, Barrister and Mediator, Second Floor, Selborne
Damien was called to the Bar in 2019 and became a qualified mediator in 2022. He focuses his practice in Criminal defence, Estate matters encompassing Family Provision and contested Wills, Family Law and Workers Compensation claims. Damien has a particular interest in Aviation Law, specifically in responding to Show Cause Notices, conferences with CASA, attending reviews in the AAT, and for the more serious matters, appearing in Coronial Inquests. Damien’s passion for Aviation Law stemmed from his career as an international pilot with Qantas where he ultimately operated the Airbus A380. Recently, he has re-qualified as an airline pilot and is trained, once again, on the A380. Damien’s legal background is in Personal Injury litigation, comprising over 10 years in Workers Compensation, Motor Vehicle and Medical Negligence for both parties. In 2022, Damien became a qualified mediator with Resolution Institute of Australia. He is available to accept briefs to act as a private mediator in Aviation disputes, Commercial disputes, Personal Injury ‘shuttle style’ mediation, and Estate mediation. Damien brings a conciliatory approach to his practice as a Barrister and as a Mediator, with an emphasis on justice between parties. His established mediation practice can be found at https://www.respectmediation.com.au/
Matthew Eirth, Barrister, Jack Shand Chambers
Matthew Eirth practises widely in the areas of Common Law including Public Liability, Motor Vehicle, Work Injury Damages, professional negligence and Product Liability on behalf of plaintiffs and defendants. Matthew appears in the Supreme Court, District Court and also appears in CARS assessment hearings. He appears in Workers Compensation Commission for both applicants and respondents. Matthew also practises in the Civil and Criminal jurisdiction of the Local Court. In this regard, Mr Eirth has a particular interest in traffic matters and has appeared extensively in this area. He also practises in the Land Environment Court, with particular reference to Merit Appeals. Matthew is located in Sydney however, he appears regularly throughout regional New South Wales. Matthew has had a wide and varied career within the public sector. In the 10 years prior to coming to the Bar, he was employed as a Project Manager/Advisor to the public sector involved in the automation and control upgrade of water and wastewater assets.