Legislative Reform and Evidence and Advocacy Intensive for Criminal Lawyers

In just one morning be totally across the implications of Family Violence Legislation Reform Act 2024 and gain the skills that are hallmarks of successful criminal law advocacy - the ability to get the evidence right, tell the case through the story, know the best way to use experts in court, deliver a persuasive final address, prepare for a sentencing hearing, deliver the plea in mitigation, and manage expectations. Some of Australia’s pre-eminent barristers have agreed to share their experience and expertise in this not-to-be-missed full-day conference, exploring the techniques required for effective and successful criminal law advocacy. This essential conference will also cover urgent updates, landmark cases, and ethical issues in criminal proceedings.

Friday, 21 March 2025
Description

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 WA legislation

9.45am to 10.30am Propensity Evidence & Uncharged Acts in Light of DPP v Roder [2024] HCA 15

 

  • Getting across and keeping up with the leading and recent caselaw: Hughes v The Queen [2017] HCA 20, R v Bauer [2018] HCA 40,  HVD v The State of Western Australia [No.2] [2024] WASCA 118

Presented by Katherine Dowling, Senior Solicitor, Curt Hoffmann Barrister & Solicitors, Preeminent Criminal Defence Lawyer, Doyle’s Guide 2024

11.30am to 12.30pm The Closing Addresses

 

  • What are the essential key elements of a devastating final address?
  • How do you prepare for the address?
  • The opening
  • The closing
  • Using the transcript and exhibits
  • Timing, delivery and forensic aspects
  • Common errors and traps for young players

Presented by Tom Percy KC, Albert Wolff Chambers, Leading Criminal Lawyer Barrister, Doyle’s Guide 2024

Session 2: Ethics, Professional Skills & Practice Management for Criminal Lawyers


Chair: Rebekah Sleeth, Barrister, Albert Wolff Chambers

Professional Skills
2.00pm to 3.00pm Using Experts in Court

 

  • How to effectively utilise expert evidence in trial preparation and advocacy
  • Strategic selection of expert witnesses for trial: specialised knowledge relevant to the case, ability to communicate effectively under pressure, and how that supports arguments being presented
  • Preparing for trial and their role in relation to the trial narrative
  • Utilising expert evidence in trial strategy: examine how to integrate expert evidence into trial strategy, including the timing of their testimony, linking their evidence to key points in the case, and using expert reports
  • Methods for making complex expert concepts accessible and persuasive to a jury
  • Cross-examination of experts
  • Common pitfalls to avoid, how to prepare experts for tough questioning, and strategies for reinforcing their credibility while effectively countering opposing counsel's tactics

Presented by Helen Prince, Barrister, Equus Chambers

Practice Management & Business Skills
3.00pm to 4.00pm Mitigating Cyber Security Risks in Criminal Law Practice


In today’s digital landscape, every interaction leaves behind a digital footprint. From mobile devices and wearables to social media and omnipresent sensors, our activities are constantly tracked and recorded. For criminal law firms, understanding how to navigate these risks is essential.

  • Explore effective strategies for mitigating cybersecurity threats, ensuring client confidentiality, and safeguarding sensitive information
  • Learn how to implement best practices in cyber hygiene and develop a robust cyber risk management plan that enhances your firm’s resilience

Presented by Warren Stevenson, President, IAATI Australasia, Forensic Services WA

Ethics & Professional Responsibility
4.15pm to 5.15pm Knowing Your Ethical Boundaries


In everyday legal practice, many common situations can be navigated safely with a solid understanding of ethical obligations. Examine practical scenarios and recent case law, focusing on:

  • Confidentiality and privilege: principles, limitations, and waiver
  • Conflicts of interest
  • Undertakings
  • Ex parte applications
  • Is it acceptable to fire a client at a late stage?

Presented by Shirley Casey, Barrister, Francis Burt Chambers

Session 1: Sexual and Domestic Violence Offences, Evidence, Trial Advocacy & Sentencing


Chair: Mark Trowell KC, Albert Wolff Chambers

9.00am to 9.45am Sexual Offences, Sexual Harassment & Domestic Violence Cases and New Legislation

 

  • The Family Violence Legislation Reform Act 2024
  • Introductions of categories A & B of “family violence offences”
  • What the new laws mean for persons accused of family violence offences in respect of the granting of Bail, Sentencing and release to parole
  • Persons declared to be serial family violence offenders: what you need to know about responding to applications, opposing applications and advising clients about SFVD’s
  • Patterns emerging in case law-examining recent sexual and family violence decisions
  • How the courts are dealing with persistent family violence offences s300 Criminal Code

Presented by Leah Clemens, Principal, LB Lawyers

10.30am to 10.45am Morning Tea
10.45am to 11.30am Story Telling in Jury Trials

 

  • Why story telling
  • Selecting the story
  • Knowing the story
  • Shaping the case around the story
  • Story telling through opening, cross examination, defence evidence and closing

Presented by Jeremy Scudds, Barrister and Solicitor, Porter Scudds

12.30pm to 1.15pm Sentencing Preparation & Pleas in Mitigation

 

  • How to effectively prepare for a sentencing hearing
  • Delivering the plea in mitigation
  • Doing the leg work
  • Managing expectations
  • The concession
  • Knowing your opponent
  • Knowing your audience
  • Signpost your plea
  • Be concise
  • Be flexible

Presented by David Robinson, Barrister, Geoffrey Miller Chambers

4.00pm to 4.15pm Afternoon Tea

Presenters


Mark Trowell KC, Barrister at Albert Wolff Chambers
Mark Trowell joined the independent Bar in Western Australia in 1989 after having been admitted to practice eight years earlier. He was appointed Queen's Counsel in 2000. He, together with Tom Percy QC, founded Albert Wolff Chambers. Despite some time in commercial and common law, he was ultimately attracted to the challenge of the criminal law and has since practiced exclusively in that jurisdiction. He has for the most part acted as defence counsel not only in WA, but also NSW, and from time to time also prosecutes for the DPP (WA). Mark has appeared as counsel at two Royal Commissions, and several notorious CCC inquiries. He is co-chair of the Criminal Law Standing Committee of LAWASIA. He was also involved in negotiations at the International Tribunal of the Law of the Sea (ITLOS) in Hamburg on behalf of the owners of a foreign vessel seized by the Australian Customs for allegedly poaching the prized Patagonian toothfish in the Southern Ocean near Antarctica. In December 2006, Mark Trowell was appointed by the Australian Government to undertake a review of the legislation governing the Australian Crime Commission (ACC). His report was later tabled in the Federal Parliament.Since 2004, Mark has attended as an international observer at controversial criminal trials in Thailand, Malaysia and Sri Lanka on behalf of several organisations, including LAWASIA, the International Commission of Jurists, the Geneva-based Inter-Parliamentary Union, the Australian Bar Association, the Law Council of Australia, Commonwealth Lawyers Association and Paris-based Union International des Advocats. He is the author of two best-selling books on the recent criminal trial and appeals in the Malaysian courts concerning the former deputy prime minister and opposition leader Anwar Ibrahim, which attracted international attention.,


Shirley Casey, Barrister, Albert Wolff Chambers
Shirley is a Barrister at Francis Burt Chambers, having joined the Bar on 1 August 2022. Prior to this she worked for a boutique criminal law firm in Subiaco, and prior to that, she was a senior associate for a national firm. Shirley moved to Australia in 2008 to practice law. She has practiced solely in crime with a dabble in civil law very early on.


Helen Prince, Barrister, Equus Chambers
Helen Prince wasn’t always a barrister. She started life as a youth worker in the northern suburbs working with “at risk youth”. Primarily Indigenous young people. As a youth worker, Helen spent a lot of her time at the Childrens Court and Magistrates Court assisting clients and working with lawyers. Helen has more than 30 years’ experience in practice including 25 years’ experience at the bar practising primarily as a criminal defence barrister. She regularly represents accused in the Supreme Court, District Court and Magistrates Court. She has appeared in many complex and lengthy trials. She also appears before the Court of Appeal. She is a founding member of Equus Chambers. Helen’s interest in evidence, including expert evidence and DNA, has seen her teaching evidence and advocacy at Murdoch University.


Jeremy Scudds, Barrister & Solicitor, Porter Scudds
Jeremy Scudds is a senior barrister and solicitor and social worker, with extensive experience in the area of criminal law. He has also previously worked in the areas of personal injury law and commercial litigation. He worked in government and private practice prior to setting up practice as a sole practitioner. He now is the principal of a legal firm with a number of criminal lawyers. He has a excellent knowledge and understanding of needs of the firm's clients. Jeremy was admitted to practice as a Barrister and Solicitor in the Supreme Court of Western Australia and High Court of Australia in 1984. By way of connection with the community, Mr. Scudds has worked as a social worker and union official. In the past, he has been the "Night Line Lawyer" for Radio Station 6PR (2 years), the Honorary Solicitor for the W.A. Council of Social Services [WACOSS] (10 years) and Incest Survivors Association (2 years), University Lecturer, the Legal Practitioner on the Real Estate Agents Supervisory Board (3 years), a member of various Law Society Committees, and a Trustee with the Perth Theatre Trust (5 years). He is currently a member of The National Association of Criminal Defence Lawyers (USA) Forensic Society of Australia & New Zealand and WA Criminal Lawyers Association. Mr Scudds also has been involved in the administration of various sports in Australia.


Rebekah Sleeth, Barrister, Albert Wolff Chambers
Rebekah Sleeth commenced her legal career as a commercial litigation solicitor and then as a civil solicitor at the Aboriginal Legal Service of Western Australia. Rebekah joined the Victorian Bar in 2006. Rebekah was a Senior Public Defender for Victoria Legal Aid between 2014 and 2018. Rebekah primarily practised in criminal and family law at the Victorian Bar. Rebekah remained at the Victorian Bar until 2018, before relocating to Perth, where her husband is from. Rebekah was then employed by the ODPP as a State Prosecutor for 2.5 years before joining the Western Australian Bar.


David Robinson, Barrister, Geoffrey Miller Chambers
David Robinson has practiced exclusively within the criminal law in Western Australia since 2011. David has experience in defending and prosecuting criminal matters. He has appeared as counsel in the Supreme Court, District Court, Magistrates Court and Children’s Court having worked at both the Aboriginal Legal Service of Western Australia and the Director of Public Prosecutions of Western Australia. David has litigated jury trials, contested summary hearings, bail applications and complex sentencing proceedings in Perth and regional courts across the State. David commenced working at the Aboriginal Legal Service of Western Australia in 2012 and routinely appeared as an advocate in courts around the State on a daily basis. Whilst at the Aboriginal Legal Service, he gained an in depth understanding of the Magistrates and Children’s Court, representing clients facing serious criminal charges in the District and Supreme Court. He then joined the Director of Public Prosecutions in Western Australian in 2016, where he regularly prosecuted a broad range of jury trials in both Perth and regional courts. Whilst at the Director of Public Prosecutions in Western Australia he appeared as counsel in jury trials for: adult and child sex matters (including historical sex matters), violent offences, drug and firearm offences, robberies, arson, commercial burglaries, home invasions and for dishonesty based offences (including stealing as a servant and fraud). In 2021, he joined the Western Australian Bar. David is approachable, thorough and has a passion for litigation.


Katherine Dowling, Senior Solicitor, Curt Hofmann Barristers and Solicitors
Katherine graduated in 2007 with a Bachelor of Arts (Honours) and Law from the University of Western Australia. She commenced her legal career at an international law firm, working in commercial civil litigation. She quickly realised, however, that she enjoys advocacy and working with ordinary people so started practicing in criminal law after completing her restricted practice. Katherine provides advice and representation in all areas of criminal and traffic law. She has r extensive experience in the Supreme, District and Magistrates Court jurisdictions. She is counsel in jury trials, pre-trial applications and sentencing hearings. She has also assisted and briefed other prominent barristers. Katherine has outstanding communication and interpersonal skills and prides herself on her ability to establish excellent working relationships with her clients and peers to ensure that matters are resolved in a professional, practical and cost-efficient manner. She has been repeatedly recognised as a leader in her field of criminal law, evidenced by her nomination in Doyles Guide from 2018-2023. In addition to her legal work, Katherine has sat as an adjudicator for disciplinary hearings on the Football West Tribunal, the WACA Tribunal & the Rugby WA Judiciary, was a committee member of the Criminal Lawyers Association from 2020.


Tom F Percy KC, Albert Wolff Chambers
Tom Percy KC was admitted to practice in 1978 after graduating from UWA. He was elected to the WA Bar Association in 1984 and took silk in 1997. He practices primarily in the area of Criminal trials and appeals. He is a former National Director and State President of the Australian Lawyers Alliance. He won the WA Civil Justice Award in 2006, The WA Law Society Community Service Award in 2007 and the WA Lawyer of the Year award in 2013. He is currently Head of Chambers at Albert Wolff Chambers in Perth.


Leah Clemens, Principal, LB Lawyers
Leah completed her post graduate law degree in 2004 after serving as an officer in the Navy. After being admitted, Leah worked in civil litigation at a boutique maritime law firm before joining Legal Aid servicing many clients for over a decade in criminal law, family law and civil litigation, often being referred unusual or tricky cases where jurisdictions overlap. Leah was the supervising solicitor in care and protection matters for and undertook ICL training in 2008. Leah returned to private practice in 2019, heading up a commercial litigation practice, family law practice and more recently criminal law practices.She advocates for both applicants and respondents in Restraining Order matters and has a very detailed technical understanding of the law. Her area of specialty is the “trifecta” where clients are subject to criminal complaints, have restraining orders afoot and are a party to Family Court proceedings. She has succeeded in opposing serial family violence offender applications and is no stranger to making submissions to parliament on aspects of legislative reform. Leah has just commenced practice as Principal Lawyer at LSC Legal, which is a general practice. She appears in all Courts and Tribunals in WA including the SAT, Federal Court and the High Court of Australia. She as appears as counsel in interstate matters involving historic sexual abuse cases.


Warren Stevenson, President, IAATI Australasia, Forensic Services WA

253W10

Legislative Reform and Evidence and Advocacy Intensive for Criminal Lawyers

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All Sessions
Friday, 21 March 2025
9.00am to 5.15pm Australia/Perth
CPD Points 7
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Morning Session
Friday, 21 March 2025
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
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Afternoon Session
Friday, 21 March 2025
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
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Venue
Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

Parking is not included in you registration. Here are some options below:

Parmelia Hilton - Valet Parking only - Click here to view rates 
Convention Centre - 100 metres from Parmelia Hilton.  Click here to view rates