Catastrophic Injury Claims: Back to Basics

This master class on catastrophic injuries offers you the opportunity to delve into issues that occur when dealing with these complex claims. Be guided through the concerns of causation and liability as well as gain practical guidance on acting for a minor. In addition, explore assessment of damages and walk away with a comprehensive exploration of catastrophic injuries. 

Wednesday, 14 June 2023
3.00pm to 4.00pm Litigating by a Next Friend

A common feature for Plaintiffs who suffer catastrophic injuries is that they lose the capacity to provide legal instructions (amongst other things).

  • Understand the things lawyers for both parties need to be aware of when a Plaintiff does not have capacity
  • Explore the obtaining of necessary evidence to determine capacity, appointing the next friend, and the steps to take to obtain the court’s approval to compromise a Plaintiff’s claim 

Presented by Robert McCabe, Barrister, Albert Wolff Chambers; Recommended Insurance & Personal Injury Law Junior Counsel, Doyle's Guide 2022

Chair:

Graham Droppert SC, Albert Wolff Chambers; Recommended Insurance & Personal Injury Law Senior Counsel, Doyle's Guide 2022

2.00pm to 3.00pm Liability in Motor Accident Claims
  • Causation: legal principles
  • Establishing breach of duty: what to consider
  • Recent cases 

Presented by Neil Morrissey, Barrister, Albert Wolff Chambers; Leading Insurance & Personal Injury Law Junior Counsel, Doyle's Guide 2022

4.15pm to 5.15pm Assessment of Damages in Catastrophic Injury Claims
  • What is a catastrophic claim?
  • Physical and mental consequences of catastrophic injuries
  • Necessary expert evidence to get up such claims
  • Heads of damages claimed
  • Life expectancy issues
  • Drafting schedules of damages before conferences
  • Cost/assessment of future paid care
  • Structured settlements
  • Private v public trustee
  • Levi Saunders v Turner (2020) WADC 133 – implications for defendants – no recovery for unlevied trustee fees on ‘recovery’ of brain damaged young claimants
  • Practical case examples setting out quantum awards
  • Caselaw discussion 

Presented by David Burton, Partner, McCabes; Preeminent Compulsory Third Party Insurance Lawyers (Defendant), Leading Workers Compensation Lawyers (Defendant) and Recommended Public & Product Liability Lawyers (Defendant) Doyle's Guide 2022 

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation

4.00pm to 4.15pm Afternoon Tea

Presenters


Mr. Graham Droppert SC, Albert Wolff Chambers
Graham was called to the bar in 1996 after practicing in industrial law and personal injury litigation as a solicitor for 8 years. In the years that followed, his involvement in large cases involving brain injury, spinal injuries and major medical negligence led to a greater concentration on personal injury litigation. He was appointed Senior Counsel in 2020 and was the National President of the Australian Lawyers Alliance between 2020 and 2022. He has represented Bangladesh as its Honorary Consul-General. Graham also enjoys engaging in the building of the capacity of the State to meet the many demands for a skilled workforce in the years to come through the North Metro TAFE.


Mr. Neil Morrissey, Barrister, Albert Wolff Chambers
Growing up on a remote pastoral property, Neil broke family tradition by choosing a career in the legal profession. Neil's practice is predominantly in the area of civil litigation with a focus on personal injuries cases. Prior to joining the independent bar he was a solicitor at Bradford & Co. In 2013 Neil completed a Master of Laws at the University of Western Australia with his primary research area being negligence liability. He has a special interest in trial and appellate advocacy and has appeared on behalf of clients in most courts. Neil is a LexisNexis Author co-authoring Practical Guidance for the Western Australian Supreme and District Courts. Neil's notable cases include New South Wales v DC [2017] HCA 22 (led) (abuse of minors), Engine Protection Equipment Pty Ltd v Miller [2018] WASCA 55 (workers' compensation), Cullen v Woodside Energy Pty Ltd [2021] WADC 56 (workers' compensation), Gentle v Wright [2021] WADC 63 (landlord and tenant), Jenner v Mundrabilla Roadhouse Pty Ltd [2021] WADC 59 (occupiers' liability), RLA Morgans v Vrebac [2022] WADC 86 (workers' compensation/statutory construction), Delgado v Bevchain Pty Limited [2022] WADC 98 (discovery) and Praetz v Sodexo Australia Pty Ltd [2023] WADC 48 (pleadings). Neil is a member of the RSPCA's pro bono legal panel and is the current Western Australian State President of the Australian Lawyers Alliance. Outside of work Neil is a qualified aerial mustering pilot and has spent time mustering in the East Kimberley region and in the Northern Territory.


Mr. Robert McCabe, Barrister, Albert Wolff Chambers
Robert McCabe was admitted as a practitioner of the Supreme Court of Western Australia in 2008 and joined the Bar in 2013. Robert's practice has been predominantly in personal injury litigation. Robert has represented individuals and employers in various Courts and Tribunals including Work Cover WA, the Administrative Appeals Tribunal, the District Court and the Western Australian Court of Appeal.


Mr. David Burton, Partner, McCabes
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation during the height of turbulent apartheid years in South Africa. David emigrated to Perth in 1986 and was an insurance partner at the national insurance law firm, Phillips Fox, for 10 years, where he headed up to the workers compensation department and established a substantial defendant personal injury insurance practice. David joined Norm Srdarov and Graeme Richards to establish, as a founding partner, Srdarov Richards Burton, in 1999, and then rebadged SRB Legal, a specialist insurance law firm. On 1 July 2020 SRB Legal joined and became part of a national law firm, McCabes. David is a highly experienced mediator, having settled 100s of personal injury claims for insurers and self-insureds, but is also an experienced Trial Counsel, regularly appearing as SRB Legal/McCabes In-House Counsel. David has successfully appeared as Counsel in defending claims in the High Court, Appeal Court, Supreme Court, District Court as well as the WorkCover Tribunal over the last 30 years. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. David has over two decades experience in acting as Trial Counsel for the Insurance Commission of Western Australia (ICWA) in the defence of CTP, catastrophic, psychiatric, workers compensation, public liability and employer common law claims. David has consistently been recognised as a pre-eminent defendant CTP and personal injury lawyer in the Doyle Guide rankings from 2016 – 2021. Outside of the law, David is an avid reader, Rugby Union tragic and passionate surfer. He loves the waves in the Yallingup area, and travelling with his wife to tropical surf locations, where the water is warm, the sharks are small and vegetarian.

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Catastrophic Injury Claims: Back to Basics

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Single Session
Wednesday, 14 June 2023
2.00pm to 5.15pm Australia/Perth
CPD Points 3
3
$420.00
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