Ethics, Expertise, and Evidence: Intersections Between Legal and Medical Professions

Friday, 28 February 2025
Opening Address

Presented by The Hon. Justice Richard Weinstein, Supreme Court of New South Wales

Ethics & Professional Responsibility
Expert Evidence and Ethical and Professional Obligations: A Barrister and (Medical) Expert in Conversation

 

This session will cover issues that often arise in preparing and presenting expert evidence, including in approaching, instructing, and conferencing with the expert. Issues discussed will include considerations of: 

  • Whether an expert is needed; choosing the right expert; approaching the expert; using a single court appointed expert; choosing the documents, assumptions and drafting the letter of instruction; the report itself setting out any opinion; the Code of Conduct; conferences with experts; expert conclaves; and experts giving evidence in Court 
  • Related ethical issues will also be addressed, including a discussion of ethical and professional issues that may arise in the course of working with experts, and of the care that needs to be taken in maintaining clear professional and ethical boundaries 

Presented byDr Hayley Bennett SC, New Chambers andProfessor John Watson AM, Sydney Adventist Hospital 

Description

Attend and earn 1.5 CPD hours including:
0.5 hour in Substantive Law
1 hour in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories 

Chair

Vera Culkoff, Barrister, 2 Selborne Chambers 

Presenters


The Hon. Justice Richard Weinstein, Supreme Court of New South Wales
Justice Weinstein is a Judge of the Supreme Court of New South Wales. He was appointed senior counsel in 2011, and was a member of the Bar Council of the NSW Bar Association and the Chair of a Professional Conduct Committee for many years. He was appointed a Judge of the District Court of New South Wales in 2018 and elevated to the Supreme Court in 2023. He is Adjunct Professor of Law at the University of New South Wales, where he has taught the law of evidence, civil procedure, advocacy and sentencing. He is the lead author of Uniform Evidence in Australia, 4th ed.


Vera Culkoff, Barrister, 2 Selbourne Chambers
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also practices in the area of wills, probate and family provisions disputes, involving complex issues and large estates. She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She remained a partner of the new firm until 2000, responsible for commercial and product liability litigation. She was called to the Bar in 2000. Vera was joint General Editor of the Australian Product Liability Reporter (from 2006 to 2011) and has conducted presentations at seminars on class actions and, whilst at the Bar, in building and construction law.


Dr Hayley Bennett, Barrister, New Chambers
Hayley commenced practice as a barrister in 2009, having graduated from the University of NSW with first class honours in law the year before. Since commencing practice, she has been involved in cases in both public and private domains, but also specializes in health law across jurisdictions, including Succession and Protective Law. Hayley previously worked as a clinical and research neuropsychologist, and for a period sat on the Guardianship Tribunal of NSW (as it then was). Her qualifications in this area include a BA (Psychology honours), MA (Counselling), MSc (Neuropsychology), and PhD (Clinical Neuroscience). Hayley has published and lectured in these areas, as well as more recently in the area of judicial decision-making and its neurobiological underpinnings.


Professor Professor John Watson AM, Professor,
Professor John Watson AM is an Emeritus Professor who has made significant contributions to the fields of neuroscience, medical education, and healthcare administration. He currently serves as the Director of The Eccles Institute of Neuroscience at the Australian National University and as the Deputy National Secretary for The Rhodes Scholarships in Australia. Prior to his current positions, Professor Watson held several key leadership roles at the University of New South Wales, including as Director of the Faculty of Medicine and Health and Senior Vice Dean, Clinical Affairs in the Faculty of Medicine. He also worked at the University of Sydney for 25 years as an academic clinician and was Chair of the university's Human Research Ethics Committee for six years. Professor Watson is a highly respected consultant neurologist and honorary consultant neurologist at several major hospitals in Sydney, including Hornsby Ku-ring-gai, Sydney Adventist, and The Mater Hospitals. He has served on various subcommittees and panels for the National Health and Medical Research Council (NHMRC), and he is the Chair of the Sydney Adventist Hospital Medical Advisory Committee. In addition to his clinical and academic work, Professor Watson is deeply committed to improving healthcare through value-based care and leadership development. He was awarded the Member of the Order of Australia in its General Division for his significant service to medicine in the field of neurology, medical education, and administration, as well as through mentoring roles. Professor Watson's expertise and leadership extend beyond medicine and healthcare. He is also involved in The Rhodes Scholarships in Australia, supporting the selection of highly accomplished students for study at the University of Oxford. Professor Watson himself was a Rhodes Scholar in 1977 and obtained his DPhil in Neurophysiology from Oxford University in 1981.

Friday, 28 February 2025
Opening Address

Presented by The Hon. Justice Richard Weinstein, Supreme Court of New South Wales

Ethics & Professional Responsibility
Expert Evidence and Ethical and Professional Obligations: A Barrister and (Medical) Expert in Conversation

 

This session will cover issues that often arise in preparing and presenting expert evidence, including in approaching, instructing, and conferencing with the expert. Issues discussed will include considerations of: 

  • Whether an expert is needed; choosing the right expert; approaching the expert; using a single court appointed expert; choosing the documents, assumptions and drafting the letter of instruction; the report itself setting out any opinion; the Code of Conduct; conferences with experts; expert conclaves; and experts giving evidence in Court 
  • Related ethical issues will also be addressed, including a discussion of ethical and professional issues that may arise in the course of working with experts, and of the care that needs to be taken in maintaining clear professional and ethical boundaries 

Presented byDr Hayley Bennett SC, New Chambers andProfessor John Watson AM, Sydney Adventist Hospital 

Description

Attend and earn 1.5 CPD hours including:
0.5 hour in Substantive Law
1 hour in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories 

Chair

Vera Culkoff, Barrister, 2 Selborne Chambers 

Presenters


The Hon. Justice Richard Weinstein, Supreme Court of New South Wales
Justice Weinstein is a Judge of the Supreme Court of New South Wales. He was appointed senior counsel in 2011, and was a member of the Bar Council of the NSW Bar Association and the Chair of a Professional Conduct Committee for many years. He was appointed a Judge of the District Court of New South Wales in 2018 and elevated to the Supreme Court in 2023. He is Adjunct Professor of Law at the University of New South Wales, where he has taught the law of evidence, civil procedure, advocacy and sentencing. He is the lead author of Uniform Evidence in Australia, 4th ed.


Vera Culkoff, Barrister, 2 Selbourne Chambers
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also practices in the area of wills, probate and family provisions disputes, involving complex issues and large estates. She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She remained a partner of the new firm until 2000, responsible for commercial and product liability litigation. She was called to the Bar in 2000. Vera was joint General Editor of the Australian Product Liability Reporter (from 2006 to 2011) and has conducted presentations at seminars on class actions and, whilst at the Bar, in building and construction law.


Dr Hayley Bennett, Barrister, New Chambers
Hayley commenced practice as a barrister in 2009, having graduated from the University of NSW with first class honours in law the year before. Since commencing practice, she has been involved in cases in both public and private domains, but also specializes in health law across jurisdictions, including Succession and Protective Law. Hayley previously worked as a clinical and research neuropsychologist, and for a period sat on the Guardianship Tribunal of NSW (as it then was). Her qualifications in this area include a BA (Psychology honours), MA (Counselling), MSc (Neuropsychology), and PhD (Clinical Neuroscience). Hayley has published and lectured in these areas, as well as more recently in the area of judicial decision-making and its neurobiological underpinnings.


Professor Professor John Watson AM, Professor,
Professor John Watson AM is an Emeritus Professor who has made significant contributions to the fields of neuroscience, medical education, and healthcare administration. He currently serves as the Director of The Eccles Institute of Neuroscience at the Australian National University and as the Deputy National Secretary for The Rhodes Scholarships in Australia. Prior to his current positions, Professor Watson held several key leadership roles at the University of New South Wales, including as Director of the Faculty of Medicine and Health and Senior Vice Dean, Clinical Affairs in the Faculty of Medicine. He also worked at the University of Sydney for 25 years as an academic clinician and was Chair of the university's Human Research Ethics Committee for six years. Professor Watson is a highly respected consultant neurologist and honorary consultant neurologist at several major hospitals in Sydney, including Hornsby Ku-ring-gai, Sydney Adventist, and The Mater Hospitals. He has served on various subcommittees and panels for the National Health and Medical Research Council (NHMRC), and he is the Chair of the Sydney Adventist Hospital Medical Advisory Committee. In addition to his clinical and academic work, Professor Watson is deeply committed to improving healthcare through value-based care and leadership development. He was awarded the Member of the Order of Australia in its General Division for his significant service to medicine in the field of neurology, medical education, and administration, as well as through mentoring roles. Professor Watson's expertise and leadership extend beyond medicine and healthcare. He is also involved in The Rhodes Scholarships in Australia, supporting the selection of highly accomplished students for study at the University of Oxford. Professor Watson himself was a Rhodes Scholar in 1977 and obtained his DPhil in Neurophysiology from Oxford University in 1981.

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Ethics, Expertise, and Evidence: Intersections Between Legal and Medical Professions

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Single Session
CPD Points 1.5
$230.00
On Demand 20250720 20250228

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