Tackle the minefield of challenges within abuse law matters. With the largest award in an abuse law jury trial being handed down in 2024, you will want to hear from Michael Magazanik in relation to damages. Explore the key learnings from the latest significant decisions. Gain practical guidance on engaging experts in historical abuse claims. Develop strategies for discovery and how and what evidence should be disclosed.
The Courts have handed down a number of abuse law decisions in past 12 months. Consider a selection of significant decisions in relation to:
- Vicarious liability
- Applications for permanent stays
- Setting aside deeds
Presented by David Seeman, Barrister, Lennon’s List Barristers
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
Dr Gideon Boas, Barrister, Foley’s List
- The (pending) Court of Appeal decisions in Kneale and TJ
- Where to for general damages in abuse claims?
- Jury v Judge: competing considerations
Presented by Michael Magazanik, Partner, Rightside Legal
- Who to brief: medical and liability experts
- Why to brief: relevance to both damages and liability
- How to brief: background briefings and letters of instruction
- Complying with civil procedure rules and practice notes
- Practical tips and tricks
Presented by Charles Harrison, Partner, Carroll & O’Dea Lawyers
- Review of relevant discovery case law
- Scope of discovery
- Whether or not redactions are permitted
- Discoverability of National Redress Scheme documents
- How interrogatories can fill the gaps
Presented by Nina Vallins, Barrister, Green’s List
Presenters
Charles Harrison, Partner, Carroll & O’Dea Lawyers
Charles Harrison is a Partner in Carroll & O’Dea Lawyers’ Melbourne Office and works primarily in litigation and dispute resolution. He is also active in the not-for-profit and media law space. Charles has extensive experience in the conduct of civil claims for institutional abuse across a range of jurisdictions including Victoria, New South Wales, Queensland, and Western Australia. Charles acts for both institutional Defendant clients and also for Plaintiffs. Between 2015 and 2016, Charles was initially seconded and then employed by an institutional Defendant. This opportunity deepened Charles’ litigation experience and provided him with a unique insight into a large institutional defendant. Specifically, it augmented his practical approach to issues around discovery, as well as document production and maintenance, and the role involved him being “at the coal face” with various case studies of the Royal Commission into Institutional Responses to Child Sexual Abuse. Charles also appreciates the human element in responding to such matters. Returning to private practice in 2016, Charles now manages large-scale litigation and discovery, using ‘big-data’ to shape a holistic approach to case management. Charles has an in depth understanding of the various areas of law reform which effect and will continue to affect Civil Claims for Institutional Abuse. Charles is currently undertaking a Master of Laws at the University of Melbourne and is a member of the Law Institute of Victoria, the Australian Lawyers Alliance, and the Victorian Privacy Network.
Dr Gideon Boas, Barrister, Foley’s List
Gideon Boas has a broad civil and criminal law practice. He has an extensive personal injury practice, with particular expertise in historical sex abuse cases against various religious institutions and State bodies (appearing in the Supreme Court, Court of Appeal and High Court). He appears in criminal law trials and appeals, including in violent crime, drug, fraud, terrorism, slavery and human trafficking matters. He appears in inquiries and coronial matters, as well as professional negligence and disciplinary matters. He also practices in industrial and other civil and commercial areas. He is an expert in evidence law, in which he teaches and is widely published (see, e.g., Bellew, Arthur, Boas and Chifflet, Australian Uniform Evidence Law: Principles and Context, LexisNexis 2022, 2nd ed). Gideon has considerable experience in complex litigation, both in Australia and internationally.
Michael Magazanik, Partner, Rightside Legal
Michael Magazanik is a Partner with Rightside Legal. He formerly spent 11 years with Slater & Gordon in Perth and Melbourne, before he and Grace Wilson founded Rightside in 2016. Much of Michael’s time is spent representing sexual abuse survivors. Seven of Michael’s clients have taken their abuse claims to (successful) verdict over the past six years. These include two claims in WA (Lawrence and ZYX) and five in the Victorian Supreme Court (Hand, Perez, PCB, O’Connor and Kneale). Rightside Legal also obtained the first court decisions overturning sexual abuse settlement deeds in Western Australia and Victoria. Michael has acted in hundreds of successful asbestos claims, including trial wins in both Western Australia and Victoria. He also wrote a book, Silent Shock, about the global thalidomide tragedy. The book followed his legal work over three years for Australian thalidomide survivors which resulted in a $100 million settlement with the drug distributor. Michael previously worked at The Age, The Australian and for ABC Television.
Nina Vallins, Barrister, Green’s List
Nina Vallins commenced with Angela Sdrinis Legal in August 2016, having previously worked as a Judge’s Associate in the County Court and with another personal injury law firm. She represents survivors of institutional abuse, with expertise in assisting former wards of the State and residents of the Ballarat Children’s Home and St Luke’s Home. Prior to studying law, Nina worked in community and international development, particularly with women in the sex industry and in the promotion of women’s rights. Nina was the Executive Director of Project Respect from 2007 - 2010, where she led successful advocacy campaigns, including reforms in immigration law to better protect victims of people trafficking.
David Seeman, Barrister, Lennon’s List Barristers
David practices in common law. He regularly appears in damages trials and at mediations, and advises in cases relating to Institutional Abuse, Public Liability, Police Assaults, Workcover, Transport Accidents and Medical Negligence. He is included in ‘Doyle's Guide’ as recommended junior counsel in Victoria in the field of insurance law. Prior to coming to the Bar, David was a Judge's Associate and a Solicitor practicing in Personal Injury and Insurance litigation at Norton Rose.