Coronial Inquiries in a Medical Setting

Immerse yourself in all things coronial. Starting with an overview of the jurisdiction, continuing with a presentation focusing on coronial investigations involving medical professionals and finishing with a presentation by a recently retired coroner, looking at the recent decisions relating to the exception to giving self-incriminating evidence. You will come away from this webinar with a deeper understanding of coronial inquiries in a health setting. 

Tuesday, 13 June 2023
Chair:

Claire Bassingthwaighte, Legal Team Manager, Professional Conduct, Avant Law

10.00am to 11.00am Medical Professionals under Coronial investigation: Reputation, Registration and Review
  • Coroner’s referrals to disciplinary bodies where medical professionals are involved
  • Lessons learnt from the St Basils Inquest
  • Analysis of recent decisions from superior courts in Victoria and their application nationally

Presented by Megan Fitzgerald, Barrister, Greens List and Joel Harris, Barrister, Greens List

9.00am to 10.00am The Coroner’s Court: A Unique Jurisdiction
  • The purpose of coronial proceedings
  • Understanding the distinction between manner of death and cause of death
  • The privilege against self-incrimination
  • Witness preparation
  • Apologies and family statements

Presented by Richard Sergi, Barrister, Greenway Chambers

11.15am to 12.15pm Exploring the Exception to Giving Self-incriminating Evidence in the Coroners Court: the Curate’s Egg?
  • Understanding the imperfect protection of Section 57 Coroner’s Act (VIC) and similar provisions in other States
  • Analysis of legislation and authority when a presumedly innocent person’s otherwise inalienable right to be ‘required’ to damn themselves may be forfeited for the ‘common good’ including Kontis & Anor v Coroners Court of Victoria [2022] VSC 422
  • A discussion of how the legislation and case law applies to matters involving health practitioners

Presented by Darren Bracken, Barrister and former Coroner, Coroner’s Court Victoria

Description

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

11.00am to 11.15am Morning break

Presenters


Ms. Megan Fitzgerald, Barrister, Greens List
Megan practices in inquests, royal commissions and public inquiries, regulatory prosecutions and damages proceedings. She has a particular interest in medical and legal professional obligations and public administration. Since joining the bar Megan has appeared alone and as junior counsel in disciplinary prosecutions and negligence actions relating to health practitioners and legal professionals; inquests and public inquiries acting for bereaved family members, public interest groups and health practitioners; and personal injury actions arising out of medical, industrial and motor vehicle incidents. Along with appearance work, Megan has a strong practice in drafting and advice work. Prior to coming to the Bar, Megan practised as a solicitor in the insurance litigation department of Lander & Rogers, primarily in professional negligence and personal injuries.


Mr. Darren Bracken, Barrister and former Coroner, Coroner’s Court Victoria
Darren Bracken practices broadly in the civil jurisdiction providing strategic advice and advocacy in both common law and commercial proceedings. He has over 20 years of experience at the Bar and was a Coroner at the Coroner’s Court of Victoria for five years until his return to the Bar in February 2023.Darren has appeared in cases involving debt disputes, insurance disputes (acting for both insurer and insured), professional indemnity claims, defamation proceedings, building disputes. Confiscation Act matters, Sentencing Act claims for property and compensation and a wide range of complex claims including class actions/group proceedings. Darren’s broad experience allows efficient and insightful assessment of facts, law and circumstances resulting in early identification of a case’s strengths and difficulties. His strong communication skills result in his clients feeling engaged and confident that their interests are being enthusiastically advanced. Darren has appeared in many Supreme Court and Court of Appeal cases dealing with applications for compensation under the Sentencing Act including many of the 'Esso/Longford applications' and subsequent appeals. He has appeared at the Racing Appeals Tribunal, the Racing Appeals and Disciplinary Board and the International Court of Arbitration for Sport.


Claire Bassingthwaighte, Legal Team Manager, Avant Law
Claire was admitted as a solicitor of the Supreme Court of Queensland in 2003 and the High Court of Australia in 2006. Before joining Avant in 2008, she worked in private law firms defending public and private hospitals in medical negligence claims and represented the Medical Board prosecuting practitioners. As Manager of the Professional Conduct Team, Claire now leads a group of experienced solicitors who specialise in defending practitioners in a wide range of complex health law matters including; coronial investigations and inquests, commissions of inquiry, and complaints to regulators. She has represented practitioners in the Coroners Court of Queensland, the Human Rights Commission, the Queensland Civil and Administrative Tribunal as well as both the District and Supreme Courts. She also provides general advice as part of Avant’s Medico-legal Advisory service. Claire is the Deputy Chair of the Queensland Law Society’s Health and Disability Law Committee well as a member of the Occupational Discipline Law Committee. She is a volunteer Judicial Committee Member with community sporting organisations and a member of the Medico-Legal Society of Queensland.


Mr. Richard Sergi, Barrister, Greenway Chambers
Richard Sergi is a barrister with over 20 years’ experience at the Bar specialising in medical negligence (common law personal injury claims), Inquests and health practitioner disciplinary proceedings. Complex medical negligence matters and major claims form a significant part of Richard’s practice. His extensive experience covers all clinical areas including, for example, emergency medicine, obstetrics and gynaecology, cardiothoracic medicine, respiratory medicine, orthopaedics, neurosurgery, neurology, general surgery, and psychiatric practice. Richard acts for public health authorities and private hospitals as well as individual practitioners including Visiting Medical Officers, Staff Specialists, and employed medical and allied health practitioners in both public and private practice. The particular obligations, pitfalls and forensic idiosyncrasies of coronial proceedings and the Coroners Act 2009 are a significant part of Richard’s practice. He appears for all manner of interested parties including hospitals, service providers, and health practitioners in matters arising under the Health Practitioners Regulation National Law (NSW).Richard facilitates expert enclaves and is an accredited mediator. He is briefed as Independent Counsel to determine damages of eligible claimants in class action proceedings. While medical negligence and related matters are Richard’s principal area of practice, he maintains a practice in other common law areas including public liability, occupiers’ liability, and intentional wrongs. Richard has built his practice on an unfailing commitment to achieving the best possible outcome for his clients. The hallmarks of his approach are his down-to-earth manner, exceptional advocacy skills and attention to detail. Patient, diplomatic and frank, Richard is an advocate who understands the importance of clear and timely advice. He believes that a collegiate working relationship with solicitors is fundamental to ensuring clients make informed decisions during the legal process and achieve the best result. Richard is a member of the NSW Medico-Legal Society of NSW Inc.


Mr. Joel Harris, Barrister, Greens List
Joel Harris is a Barrister at the Victorian Bar and is a member of Greens List. Joel maintains a broad common law practice, encompassing personal injuries, insurance law, medical and professional negligence claims and administrative law. Joel has appeared in a range of matters including damages trials in the County and Supreme Courts, serious injury applications, statutory benefits hearings (WorkCover, Comcare and TAC) and VCAT reviews. He appears in mediations and statutory settlement conferences. Joel is also Consultant and Reporter for the Australian Torts Reports. Joel was called to the Bar of England and Wales in November 2016 and is a member of The Honourable Society of Middle Temple. In London he worked for the Medical Protection Society managing a range of medical negligence claims including delayed treatment, misdiagnosis, surgical error and failure to warn brought against Dentists, General Practitioners, Surgeons and Consultants.




This seminar is part of a series

Legal and Regulatory Issues for the Health Sector

Tuesday, 30 May 2023

This timely, and information-packed webinar series will assist senior health decision makers and their legal advisors to keep abreast of hot legal topics and regulatory developments that they will find of practical application. Commencing on Tuesday 30 May and each Tuesday for 3 weeks, the webinars provide information on key legal issues, AHPRA & Medical Board regulatory updates as well as an in-depth look at Coronial Inquiries in a health setting. Book all 3 or the webinars of most value to you. WEB235N26Z

Description

Attend the full series and earn 9 CPD units including:
8 units in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

 

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WEB236N26CZ

Coronial Inquiries in a Medical Setting

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Tuesday, 30 May 2023
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$420.00
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