Abuse Law Practice and Reform: Navigating Evidence, Redress and Resolution

Explore the evolving landscape of institutional abuse litigation from the scope of liability and evidentiary proof in litigation, to redress, recovery and best practice in conducting abuse claims. Through in-depth case analysis, updates on non-delegable duties and discussion of evidentiary challenges post-GLJ, the program offers a critical look at current and emerging issues shaping this complex field. Gain insight into the approaching end of the National Redress Scheme, practical strategies for trauma-informed ADR, and professional guidance on managing expert evidence in historical claims. Designed for plaintiff and defendant lawyers alike, you will gain essential updates, professional skill development and forward-looking analysis on the future of abuse law practice in Australia.

Friday, 13 March 2026

Early Bird Discount ends 19 Dec 2025
10.00am to 11.00am Putting the Plaintiff to Proof

 

  • Explore how courts have used common law tools in cases in the new world since the High Court’s decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore
  • Examine caselaw since GLJ was handed down across a range of jurisdictions at trials of civil claims for damages arising from allegations of child sexual abuse

Presented by Luke Geary, Partner, Mills Oakley; Recognised Lawyer, Non-Profit/Charities Law, The Best Lawyers Australia

3.00pm to 3.15pm Afternoon Break
Professional Skills
3.15pm to 4.15pm Excellence and Issues with Expert Evidence

 

  • The importance of the briefing: preliminary discussion on the claim, the scope of the matter and all relevant materials required for analysis
  • Risks and consequences of poor briefings
  • Clarifying with precision the Letter of Instruction
  • The quality assurance mechanisms for ensuring quality of process and outcome
  • Managing the inevitable tensions with timeframes
  • The process of document identification and discovery
  • Difficulties with old historical claims and accessing relevant material from the archives
  • Joint expert witness reports
  • The place of the experience of experts alongside their academic knowledge

Presented by Professor Maria Harries, Co-Director , Ferret Consulting; Adjunct Professor Curtin University; Professor & Senior Honorary Research Fellow, The University of Western Australia and Professor Bob Lonne, Consultant, Ferret Consulting; Adjunct Professor of Social Work, Queensland University of Technology

9.00am to 10.00am Case Review: AA v Diocese of Maitland-Newcastle

 

  • Using AA as a case study, examine several important issues in the abuse law space, including the scope and basis for breach of non-delegable duties and questions of knowledge attribution
  • Identify legal issues that remain undetermined and which may be the subject of further legal developments in future

Presented by Greg Choat, Special Counsel, Koffels Solicitors & Barristers

1.00pm to 2.00pm A Review of the National Redress Scheme and What Lies Beyond

 

The National Redress Scheme is due to wrap up on 30 June 2028, with applications needing to be lodged by 30 June 2027. As the end rapidly approaches, examine what the end of the Scheme looks like and what needs to be done to end it well for the thousands of victims and survivors of institutional child sexual abuse who have chosen to pursue redress as part of their justice and healing journey.

  • The operation of the Scheme since its inception
  • Independent reviews of the Scheme, key findings and reforms
  • Ongoing challenges for survivors seeking redress through the Scheme
  • What the end means for survivors of institutional child sexual abuse, including for future generations of survivors

Presented by Rachel Neil, Executive Director - Integrated Services, Knowmore and Sean Bowes, Manager of Advocacy and Law Reform, Knowmore

Description

Attend and earn 6 CPD units including:
3 units in Substantive Law
3 units in Professional Skills
This program is applicable to practitioners from all States & Territories 

Session 1: Accountability, Proof and Resolution in Abuse Litigation

Chair: Danielle De Paoli, Special Counsel & State Team Leader, Maurice Blackburn; Leading Institutional Abuse Compensation Lawyers (Plaintiff) NSW 2025 

11.00am to 11.15am Morning Break
Professional Skills
11.15am to 12.15pm Current Landscape of ADR in Abuse Matters: Barriers and Opportunities for Settlement

 

  • When to mediate: benefits and disadvantages of early mediation
  • Mediation settlement rates post Royal Commission and now
  • Managing and responding to the disclosure of additional information at mediation
  • ADR in the face of recent authorities, matters on appeal, and the potential prospect of further law reform
  • Contribution issues: alleged perpetrator as a co-defendant, multi-party cross claims
  • Model litigant and trauma-informed considerations
  • Benefits and disadvantages of mediations in-person v online
  • Collegiate relations between legal representatives
  • Practice management and self care issues: burn-out, vicarious trauma, moral injury compassion fatigue

Panellists:
Karen Stott, Founder and Principal at Karen Stott – ADR & Mediation Services
Naomi Bryant, Legal Practitioner and Nationally Accredited Mediator (NMAS), Bryant Mediations
Thomas Felizzi, Partner, Carroll &O’Dea - Plaintiff Lawyer
Jacqueline Waugh, Partner, Makinson d’Apice - Defendant Lawyer

Professional Skills
2.00pm to 3.00pm Options for Survivors: How to Support Between Criminal, Civil and Redress Processes

 

  • Comparing the process: agency, accountability and the opportunity for genuine healing through participation
  • How we, as civil practitioners, can navigate these complexities and ensure the process itself contributes to recovery, not re-traumatisation

Presented by Leanne Mcdonald, Special Counsel, Kennedy Spanner Lawyers

Session 2: Redress, Recovery and Professional Practice in Abuse Matters

Chair: Maithri Panagoda AM, Partner, Carroll & O’Dea; Accredited Specialist in Personal Injury

Presenters

Leanne Mcdonald, Special Counsel, Kennedy Spanner Lawyers
Leanne is a legal powerhouse compensation lawyer, with a remarkable career spanning over two decades. She brings her wealth of experience to the forefront, advocating for countless injured individuals with unwavering dedication. In her role, Leanne tackles a diverse range of compensation law matters, however, it’s her expertise in abuse law that truly sets her apart. Having represented hundreds of survivors of sexual abuse, Leanne approaches each case with a unique blend of legal prowess and heartfelt compassion, guiding her clients through the civil process with sensitivity and understanding. Leanne’s impact extends far beyond the courtroom. A true champion of reform, she tirelessly advocates for improvements in the civil process for victim survivors, earning recognition and accolades for her groundbreaking work. As Chair of the Queensland and National Abuse Law Special Interest Group for the Australian Lawyers Alliance, Leanne leads the charge for change, making a tangible difference in the lives of those she serves. One of Leanne’s most notable career highlights includes her pivotal role in the legal battle for justice in the case of Annette Mason’s murder, a pursuit that ultimately led to her being honoured with the prestigious Australian Lawyers Alliance 2019 Queensland Civil Justice Award. Beyond her legal endeavours, Leanne is deeply engaged in the legal community, holding positions in various associations and organizations. From her involvement with the Australian Lawyers Alliance and the Women Lawyers Association of Queensland to her role as Chair of the Child Protection Practitioners Association of Queensland, Leanne is a force to be reckoned with, dedicated to driving positive change in her field. With Leanne by your side, you can rest assured that your legal matters will be handled with unparalleled expertise, empathy, and an unwavering commitment to justice.

Maithri Panagoda AM, Partner, Carroll & O’Dea
Maithri Panagoda has over 48 years of experience in litigation and dispute resolution. He heads a team at Carroll & O’Dea Lawyers dedicated to representing survivors of historical abuse. An Accredited Specialist in Personal Injury Law since 1994, he has acted for over 250 members of the Stolen Generations. He is a member of the Law Society’s Specialist Accreditation Advisory Committee. He is an Adjunct Professor of the School of Law, University of Notre Dame.

Danielle De Paoli, Special Counsel & State Team Leader, Maurice Blackburn
Danielle De Paoli is Special Counsel of Maurice Blackburn's Parramatta office. She is a Law Society of NSW Personal Injury Accredited Specialist who has been helping people in Sydney and throughout NSW with motor vehicle compensation claims for 11 years. Danielle is also a senior member of the firm's national sexual and institutional abuse compensation team and has a particular interest in bringing claims for the survivors of childhood sexual abuse. She is specially trained in trauma informed practice which ensures she works with clients to access justice in a way that recognises the complex trauma they have suffered., Danielle is approachable and provides her clients with advice in plain English to help understand the legal process. She also speaks Italian. Danielle was born and raised in Griffith and is a proud mother of three.

Rachel Neil, Executive Director - Integrated Services, Knowmore
Rachel Neil is the Executive Director - Integrated Services at Knowmore Legal Service, based in the Brisbane office. Knowmore is a free, national community legal service providing assistance and referrals to survivors of child sexual abuse. Rachel has worked at Knowmore since 2019 and has worked in the community legal sector for many years in various roles. She has spent her legal career committed to helping vulnerable people to access their rights within a strong framework of trauma informed practice.

Thomas Felizzi, Partner, Carroll &O’Dea
Thomas Felizzi is a Partner in the compensation team at Carroll & O’Dea Lawyers. Thomas is dedicated to keeping his clients informed while building strong relationships and achieving effective outcomes for their matters. He has worked on Stolen Generations matters and helps clients attain apologies and compensation for the wrong they have suffered as a result of being removed from their family. He has described the experience as a steep learning curve and an opportunity to learn about the first people and culture of Australia. Thomas also works on a variety of personal injury claims in respect of workers compensation, work injury damages, public liability, motor vehicle accidents, life insurance, international tort, discrimination law and product liability. He has litigated matters in the Supreme Court and District Court across several jurisdictions.


Professor Maria Harries, Co-Director, Ferret Consulting; Adjunct Professor Curtin University
Professor Maria Harries AM is a nationally and internationally recognised social work practitioner, researcher, and scholar in the areas of child and family wellbeing, child protection/maltreatment, family violence and mental health over a career spanning fifty years. She has undertaken multiple reviews of services, conducted inquiries into child deaths and incidents of serious malpractice, and has led and been engaged in re-designs of child and youth safety services across Australian jurisdictions. She has often testified as an expert witness and is experienced at preparing reports for civil court matters. Professor Harries has been particularly active in establishing and supporting services for vulnerable populations including survivors of abuse including sexual abuse. She has always pursued an evidence-base that links academic research to teaching, policy development and practice excellence. She is a co-founder of Ferret Consulting.

Greg Choat, Special Counsel, Koffels Solicitors & Barristers
Greg has practiced as a family, personal injury and general litigation lawyer over the course of nearly 20 years in the law. He currently works almost exclusively bringing historical sexual abuse litigation on behalf of plaintiffs.

Luke Geary, Partner, Mills Oakley
Luke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In this regard, Luke appeared as a legal advisor in a number of public hearings before the Royal Commission, he participated in many of the Royal Commission’s roundtables (both public and private) for the development of policy positions and has appeared before the Australian Senate Committee and worked with the Commonwealth Redress Taskforce in its design of the National Redress Bill (which is anticipated to provide assistance in justice outcomes for approximately 60,000 Australians). Luke is regularly briefed by major institutions in the most sensitive and significant common law abuse claims and assists in their delicate resolution in a trauma-informed way. Additionally, Luke acts for survivors of abuse in claims against State government institutions, assisting them to obtain either common law or redress justice outcomes compassionately and giving them assistance in finding healing in their lives. Luke was named one of Australia’s Best Lawyers for Non-Profit/Charities Law in the 2023/2024 Best Lawyers list for the eighth consecutive year, including in both 2020/2021 and 2023/2024 being named as Australia’s Non-Profit/Charities ‘Lawyer of the Year’.

Naomi Bryant, Legal Practitioner and Nationally Accredited Mediator (NMAS), Bryant Mediations

Sean Bowes, Manager of Advocacy and Law Reform, Knowmore

Karen Stott, Founder and Principal at Karen Stott – ADR & Mediation Services
Karen Stott has been a full-time mediator and facilitator since 2016, with over 20 years of litigation experience acting for plaintiffs and defendants. Karen’s mediations practice covers a range of matters including abuse law, medical negligence, motor accidents, worker injury, occupier liability, professional negligence, commercial matters, building & construction, insolvency, and the like. Mediation of abuse claims has been a large component of Karen’s practice for many years, involving a range of respondents / institutions and across multiple jurisdictions. Karen is a Court-appointed mediator to the ACT Magistrates and Supreme Courts. She has been named by ‘Doyle’s List’ as a Leading Mediator NSW each year since 2018.

Jacqueline Waugh, Partner, Makinson d’Apice
Jacqueline is an industry expert in all areas of negligence law with nearly 15 years of experience in private practice, combined with 10 years of experience in the legal knowledge and publishing industry, including in the role of Deputy Head of Legal Content for Australia and New Zealand. Jacqueline displays diligence and excellence in everything she does and strives to deliver efficient and effective advice and legal services to her clients. She has a deep knowledge of all areas of torts law and has gained extensive experience in both litigated and unlitigated claims in all jurisdictions, as well as all forms of alternative dispute resolution.


Professor Bob Lonne, Consultant, Ferret Consulting
Bob Lonne, PhD is a Professor of Social Work with a distinguished 40-year practice, managerial, academic and research career in child protection, being an advocate for systemic reform and prevention strategies for child abuse and neglect. He has consulted for a range of Australian and international agencies about practice, policy and system developments. He is an accomplished author and was a former National President of the Australian Association of Social Workers. Professor Lonne has completed numerous high-quality reports as a legal expert witness in civil litigation, Coronial inquiries and judicial inquiries; being cited over 40 times in the final report of the Queensland Carmody judicial inquiry into the child protection system. His reputation is for combining extensive research of the legal/institutional context with a hands-on understanding of how policies and culture shape practice, and how this can lead to harm and unintended consequences. Professor Lonne is the co-founder of Ferret Consulting.

WEB263N21

Abuse Law Practice and Reform: Navigating Evidence, Redress and Resolution

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All Sessions
Friday, 13 March 2026
9.00am to 4.15pm Australia/Sydney
CPD Points 6
$710.00
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Morning Session
Friday, 13 March 2026
9.00am to 12.15pm Australia/Sydney
CPD Points 3
$420.00
USE EB26230 Promotional Code at the Checkout | $294.00
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Afternoon Session
Friday, 13 March 2026
1.00pm to 4.15pm Australia/Sydney
CPD Points 3
$420.00
USE EB26230 Promotional Code at the Checkout | $294.00
Online 20251120 20260313

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On Demand 20251120 20260313

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