Civil Litigation: From Preparation to Hearing

Perfect your civil litigation skills from preparation to hearing in one day. Ensure you are effective in case preparation and management. Master drafting statements of claims, defence, replies and particulars. Examine ethical obligations in pleadings. Review disclosure and options for addressing common areas of dispute. Analyse different options to ensure the best evidence in your case. Redefine your skills and knowledge in relation to expert evidence, oral, affidavit and documentary evidence.
Thursday, 24 August 2023
Professional Skills
4.15pm to 5.15pm Adducing Admissible Documentary Evidence

 

  • How to tender a document through a witness
  • Tendering a document without a witness
  • Can non-disclosed documents be put in evidence?
  • What is documentary hearsay?
  • Notices to produce, subpoenas for production of documents
  • How to assess a document for relevance, stamping considerations, use of copies, evidence act issues

Presented by Michael Trim, Barrister, Level Twenty Seven Chambers; Preeminent Construction & Infrastructure Law Junior Counsel, Doyle’s Guide 2023 and Leading Commercial Litigation & Dispute Resolution Junior Counsel, Doyle’s Guide 2022

11.15am to 12.15am Disclosure Obligations and Dealing with Disputes about Disclosure

 

  • The disclosure rules: a recap (pre-proceeding and within proceeding)
  • Common areas of dispute and options for addressing:
    • Insufficient disclosure
    • Flooding / improper disclosure
    • Inadvertent disclosure
    • Breach of Harman undertaking
    • Continuing obligations

Presented by Alicia Hill, Principal, Sladen Legal; Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator

Professional Skills
3.00pm to 4.00pm Oral vs Affidavit Evidence

 

  • Obtaining witness statements
  • Oral evidence vs affidavit evidence
  • Preparing witnesses and managing expectations
  • Use of tender documents in oral evidence
  • Checklist to drafting bullet proof Affidavits

Presented by Angela Laylee, Barrister, Inns of Court

Professional Skills
2.00pm to 3.00pm Effective Engagement with Experts and Admissibility of their Evidence

 

  • Instructing and conferencing with experts
  • Where to draw the line in assisting and proofing expert reports
  • Update on approach to disclosure of expert dealings and draft reports
  • Assessing the relevance, admissibility, and weight of expert evidence

Presented by Melanie Quixley, Principal, Barry Nilsson; Best Lawyers 2022, Product Liability, Personal Injury and Insurance Litigation; Leading Public & Product Liability Lawyer and Recommended Professional Indemnity Lawyer, Doyle’s Guide 2022

Professional Skills
9.00am to 10.00am Drafting the Statement of Claim, Defence and Reply

 

  • The drafting process
  • The pleading rules in the Queensland and NSW UCPR and the Federal Court rules
  • The role of particulars
  • Some ‘no no’s when drafting pleadings
  • Avoiding deemed admissions
  • Pleading claims or defences based on misleading or deceptive conduct, estoppel or unconscionable conduct
  • Refining your pleading skills

Presented by Jane Muir, Barrister, Gerard Brennan Chambers

Professional Skills
12.15pm to 1.15pm The Different Avenues for Obtaining the Best Evidence to Prove your Case

 

  • Identifying potential witnesses
  • The other parties (disclosure and notices to produce)
  • Non-parties (non-party disclosure and subpoenas)
  • Publicly available material including social media
  • Electronic documents including metadata
  • Methods for obtaining material held by foreign entities (eg. Sabre orders)

Presenter by Allana Agnew, Principal, Agnew Litigation & HR; Accredited Specialist in Commercial Litigation

Practical Legal Ethics
10.00am to 11.00am Ethical Obligations when Pleading a Case

 

  • Threshold to ensure facts support your case
  • Pleading fraud and unusual causes of action: higher test
  • The virtues of 'The Smell Test' Does it feel right?
  • Managing client expectations

Presented by Mark Martin KC, Level 10, Inns of Court

Session 1 Civil Litigation: Effective Case Preparation and Management
Chair:  Sarah Davies , Director, Sarah Davies Legal; Accredited Specialist in Commercial Litigation
Description

Attend and earn 7 CPD units including:
1 unit in Substantive Law
1 unit in Practical Legal Ethics
5 units in Professional Skills

This program is based on QLD, NSW & WA legislation

11.00am to 11.15am Morning Tea
5.15pm to Q&A and Close
Session 2: Collecting and Leading Evidence Effectively
Chair:  Karen Gaston , Barrister, Callinan Chambers; Accredited Specialist in Succession Law; Recommended Wills and Estate Litigation Junior Counsel,  Doyle’s Guide  2022
4.00pm to 4.15pm Afternoon Tea

Presenters


Ms. Jane Muir, Barrister, Gerard Brennan Chambers
Jane accepts briefs in all areas of commercial law. Her experience includes acting for clients in banking, bankruptcy, building and construction, commercial contracts, consumer protection, corporate, employment, equity, insolvency, insurance, and trade practices, matters. Jane regularly appears in State and Federal courts and tribunals, and represents clients in mediations and arbitrations. Before being called to the Bar, Jane practised as a solicitor at Freehills (now Herbert Smith Freehills) in the litigation and corporate departments. She also practised at McCann FitzGerald, in banking and finance, and at Freshfields Bruckhaus Deringer in London, in the financial institutions disputes group. Jane holds a Bachelor of Laws (with honours) and a Bachelor of Arts from the University of Queensland.


Ms. Alicia Hill, Principal, Sladen Legal
Alicia Hill is an Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator, and a graded arbitrator with the Resolution Institute. Alicia practices as a Principal in the Dispute Resolution and Litigation team of Sladen Legal in Melbourne. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty expertise in Franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising. a board member of the Law Institute of Victoria’s Accredited Specialists Board and has been recognised by her peers in the Best Lawyers awards for Litigation since 2016.


Ms. Allana Agnew, Principal, Agnew Litigation & HR
Allana Agnew is the director of Agnew Litigation & HR Pty Ltd specialising in employment law and commercial litigation (financial services, property development, building and construction, mining and animal care and veterinary industries among others). Allana is Specialist Accredited in commercial litigation (Queensland), receiving the highest achievement award for that class in 2016. She has over 12 years’ experience litigating in the various State and Territory Courts and in the Federal Courts for a broad range of disputes involving director and shareholder disputes, commercial contracts, joint ventures, misleading or deceptive representations and conduct in respect of marketing materials and capital raising documents as well as adverse action claims.


Mr. Mark Martin KC, Level 10, Inns of Court
Martin KC practices in the following areas: commercial, property, insolvency, intellectual property and defamation. He was admitted as barrister in 1987 and Queen's Counsel in 2013. He is Honorary Counsel for the Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 32, 31 and 27 and a girl aged 24. His interest includes mountain bike riding and snow skiing.


Ms. Melanie Quixley, Principal, Barry Nilsson
Melanie Quixley, Principal, Barry Nilsson; President of the National Board of the Australian Insurance Law Association (AILA) Melanie is a principal in Barry Nilsson Lawyers’ Insurance & Health team and is based in the Brisbane office. Since joining Barry Nilsson in 2003, she has developed a practice in the areas of general liability and professional indemnity acting for local and overseas insurers, and directly for large corporate entities. Melanie is consistently listed in the Best Lawyers for Insurance Law, Personal Injury Litigation and Product Liability Litigation and Doyles Guide for Public and Product Liability and Professional Indemnity. She was also the exclusive winner of the 2018 and 2021 Client Choice Award for Insurance in Australia which recognises solicitors from around the world for the level of client care they provide and the quality of their service.


Ms. Angela Laylee, Barrister, Inns of Court
Angela Laylee practiced as a solicitor in Brisbane for 12 years and was called to the Bar in 2016. Angela is experienced in family law matters, wills and estates disputes (in particular family provision applications), and commercial litigation including insolvency, contract disputes and property matters. As well as appearing regularly in both the state and federal jurisdictions, Angela is also frequently involved in Alternate Dispute Resolution processes.


Mr. Michael Trim, Barrister, Level Twenty Seven Chambers
Michael’s broad commercial practice encompasses advising and assisting on disputes in the following fields: building and construction, general commercial matters, insolvency, banking & finance, insurance & re-insurance, professional negligence and commercial property. His practice encompasses appearances in courts, arbitrations, mediations and commissions and work as a mediator or arbitrator. He is listed in Band 1 and one of only six ranked junior barristers in Australia for Construction & Infrastructure by Chambers & Partners Asia Pacific 2023 and has been ranked in Band 1 for Construction in Legal 500’s Asia Pacific guide to the Australian bar since 2021. The current edition of Doyle’s Guide to the Australian Legal Profession lists Michael as a ‘preeminent’, ‘leading’ or ‘recommended’ junior in the areas of Commercial Litigation & Disputes (National and Queensland); Construction & Infrastructure (National and Queensland); and Insolvency & Restructuring (National and Queensland). In addition, Michael has been listed in the Australian Financial Review’s Best Lawyers from 2017 to 2023 for Alternative Dispute Resolution, Construction & Infrastructure and Litigation (and for International Arbitration since 2021).


Ms. Sarah Davies, Director, Sarah Davies Legal
Sarah Davies is a director of Sarah Davies Legal Pty Ltd, and specializes in commercial litigation for clients involved in agribusiness, financial services, property development and building & construction matters. She is an accredited specialist in commercial litigation, having received the highest achievement award when she completed her accreditation in 2010. She has experience with disputes involving commercial contracts, property transactions, joint ventures, corporations, trusts and managed investment schemes, public offer documents and issues relating to the provision of financial services. Sarah also chairs the board of a mutual banking institution.


Karen Gaston, Barrister, Callinan Chambers
Karen has experience conducting complex, lengthy litigation usually with the overlay of an emotional family dispute. In particular she has substantial experience running family provision applications, litigation about the validity of wills (sometimes called solemn form probate litigation), applications concerning the construction of wills, Beddoe applications, power of attorney disputes, and equity litigation involving unconscionable conduct and undue influence. Karen is a Queensland Law Society accredited specialist in succession law. Doyle’s Guide recognises Karen as “Preeminent” in the Wills and Estate Litigation Lawyers category in 2020 and 2021. Karen works as a team with a solicitor, to represent a client. She does not accept briefs directly from the general public. Karen can, however, provide a list of referrals to highly regarded solicitors who can assist members of the public directly.

238Q04

Civil Litigation: From Preparation to Hearing

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All Sessions
Thursday, 24 August 2023
9.00am to 5.15pm
CPD Points 7
$795.00
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Morning Session
Thursday, 24 August 2023
9.00am to 1.15pm
CPD Points 4
$505.00
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Afternoon Session
Thursday, 24 August 2023
2.00pm to 5.15pm
CPD Points 3
$420.00
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Venue
Cliftons - Brisbane

Level 24, 288 Edward Street, Brisbane 

Directions

Nearby Public Transport:
Train Stations - Brisbane Central Train Station
Bus Interchange - Adelaide St Stop 24

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