Join leading barristers for a deep dive into the evolving landscape of abuse law and its critical implications for practitioners. Explore vicarious liability and non-delegable duties of care in light of Bird v DP and AA, and consider potential legislative reforms. Gain clarity on applications to set aside deeds of release with guidance from the High Court in DZY, including discovery issues and privilege waiver. Learn how culturally safe practice transforms case strategy when representing Aboriginal survivors, addressing the compounded harm of removal and racism. With expert insights and practical guidance, this program equips lawyers to navigate complex claims and deliver meaningful outcomes in a rapidly changing legal environment.
Charles Harrison, Partner, Carroll & O’Dea Lawyers
- The impact of Bird v DP
- The availability or otherwise of a non-delegable duty of care in light of AA
- Potential legislative changes
Presented by David Seeman. Barrister, Lennon’s List; Leading Insurance & Personal Injury Law Junior Counsel Doyle's Guide 2024
- Guidance from the High Court in DZY
- Setting aside whole deeds or only deeds insofar as they relate to claims for general damages
- Discovery of prior files of plaintiffs and defendants and privilege waiver
Presented by Nina Vallins, Barrister, Owen Dixon Chambers West
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Understanding culturally safe practice means seeing how Abuse is compounded by removal, racism and state-based harm. Examine what culturally safe practice looks like in practice, and how to deliver meaningful remedies.
Presented by Hanina Rind, Principal Lawyer, Yarn Lawyers
- Where the trial went wrong
- How a priest accused of sexual misconduct with a child was regarded as an impressive witness
- New evidence between trial and appeal
- Defendant discovery failures
Presenters
Michael Magazanik, Partner, Rightside LegalMichael 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, Owen Dixon Chambers West
Nina practices in common law with particular expertise in institutional abuse matters and Sentencing Act applications for compensation. Prior to coming to the bar, she was a solicitor at Angela Sdrinis Legal, a Judge’s Associate, and working in management and policy positions in community and international development.
Charles Harrison, Special Counsel, 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.
David Seeman. Barrister, Lennon’s List
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.
Hanina Rind, Principal Lawyer, Yarn Lawyers
Hanina is a proud Yamatji Badimaya woman. She a solicitor with the Abuse Law team at Shine Lawyers. Working in Abuse Law, Hanina represents survivors of abuse, helping them access justice and compensation for the wrongdoing they’ve suffered. She has been involved in implementing and overseeing cultural healing programs for survivors and ongoing advocacy to highlight the needs and rights of Aboriginal survivors and push for a survivor-lead, trauma-informed, and culturally-safe National Redress Scheme.