Chair
Shaun McCarthy, Barrister, State Chambers
Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
Physical Abuse Claims in a Historical Abuse Setting
- What constitutes serious physical abuse
- Review of different jurisdictional approaches
- Case law on corporal punishment
- Where will the line be drawn between lawful chastisement and physical abuse?
Presented by Martin Slattery, Partner, and Zoe Brindle, Senior Associate, Carroll & O’Dea
Presenters
Shaun McCarthy, Barrister, State Chambers
Shaun McCarthy was called to the Bar in 1999 and currently practices out of State Chambers. He has practiced in insurance law/personal injury law from 1999 to present, equally representing the interests of defendants and plaintiffs. Shaun has conducted hundreds of personal injury trials and over a dozen appeals as sole or lead counsel. He has been briefed in hundreds of historical abuse cases and has run notable cases to completion including SR v Trustees of the De La Salle Brothers 2023 NSWSC 66, Peters v Trustees of the Marist Brothers2022 NSWSC 475 and EXV v Uniting Church (Australia) Property Trust [2024] NSWSC 490 (2 May 2024). He has delivered seminars in this field on a range of topics including vicarious liability and permanent stays. In this field Shaun has acted for many hundreds of plaintiffs, together with Anglican Dioceses, the State of NSW, Catholic entities based in Rome, public and private schools, child care centres, private children’s institutions, local councils and direct defendants and/or cross defendants. Shaun has a special interest in defending fraud claims in historical abuse claims.
Martin Slattery, Partner, Carroll & O’Dea
Martin’s diverse career – journalist, guitarist, lawyer – means he has the life experience and the professional expertise to provide what his clients want when it matters – excellent technical advice, combined with practical solutions. With a strong common law background, Martin is an expert litigator. He has significant commissions of inquiry and royal commissions experience. He has a unique insight and empathy into how the various parties to a dispute perceive the same circumstances that are the nub of the issue. As a musician, his clients trust him to explain the complexities of intellectual property law so they avoid pitfalls and take advantage of opportunities. Martin also works with his clients to protect their intellectual property assets through trademark registration and copyright advice and litigation. Martin also works in the not-for-profit team, providing advice to clients from the not-for-profit sector. This includes governance and regulatory compliance advice, drafting commercial contracts and undertaking property transactions. Martin is responsible for the running of the Melbourne office.
Zoe Brindle, Senior Associate, Carroll & O’Dea
Zoe is a member of the Commission of Inquiry and Litigation Team at Carroll & O’Dea Lawyers’ Sydney office. Zoe brings with her significant experience in statutory arbitration as well as Plaintiff and Defence litigation. Her experience includes areas of personal injury, family law, wills disputes, private property, commercial leasing, intellectual property licensing, criminal defence and insurance litigation. Zoe was raised in NSW government care and uses this background for the ethical handling of litigated and non-litigated matters. She is also deeply invested in technology and its practical application in modern legal practice. She joined Carroll & O’Dea Lawyers in 2021. Zoe previously worked in reputable personal injury firms under the guidance of Personal Injury Commission Members (formerly Claims Assessors). Zoe has completed her Bachelor of Laws and Bachelor of Communications at Western Sydney University, majoring in advertisement. Prior to joining the law, Zoe previously worked as a freelance graphic designer. Whilst completing her University studies and working full-time, Zoe was the recipient of the Dean’s Award for Tort Law and was a writer for the University’s Legal Magazine. Zoe is a member of the NSW Basketball Disciplinary Tribunal and Member Protection Tribunals for various sporting associations. She also volunteers her time at Marrickville Legal Centre in family law and LGBTQ+ youth matters. She was appointed Senior Associate at Carroll & O’Dea Lawyers in July 2024.