Abuse Law Intensive

Tackle the practical implications of the current and emerging challenges facing lawyers working in the abuse law space – everything from dealing with defences through to damages. Navigate the issues of setting aside deeds and the “Dead Man’s Defence” which is being used frequently in abuse claims. Consider the practical legal implications for secondary victims matters plus an analysis of assessment of damages in institutional abuse law. 

Tuesday, 17 October 2023
12.15pm to 1.15pm Assessment of Damages in Abuse Law Cases

 

  • A review of the few but recent judgments awarding damages and the difficulties created by these decisions for plaintiffs and defendants in assessing damages 
  • Navigating the uncertainties and speculation inherent in assessing pre-morbid earning capacity 
  • Accessing offenders’ superannuation for victims and survivors of child sexual abuse 

Presented by Luke Geary, Partner, Mills Oakley  

 

9.00am to 10.00am Setting Aside Deeds

 

  • Review the relevant legislation the assists victims to set aside a deed
  • Reflect on how the Courts apply the law
  • Analysis of the legislation in light of current case law 

Presented by James Masur, Barrister, Jack Shand Chambers

11.15am to 12.15pm Legal Issues for Secondary Victims in Institutional Abuse Law

 

From the Royal Commission to legislative reform: where to next for secondary victim claims?

  • Royal commission submissions
  • Legislation
  • Case law – RWQ
  • Impact of indemnity clauses of primary victims
  • Legislative reform

Presented by Samantha Camilleri, Senior Lawyer, Judy Courtin Legal

10.00am to 11.00am In Conversation: The Dead Man’s Defence

 

Applications to permanently stay a claim can be made when a case is considered so oppressively unfair to one party that it’s an abuse of process. In recent times, it is a defence that institutions use regularly in abuse cases. Join the conversation when James and Luke will examine:

  • The current state of the law of the Dead Man’s Defence
  • How it Is being applied in abuse claims
  • What, if any government intervention might occur

Presented by James Masur, Barrister, Jack Shand Chambers and Luke Geary, Partner, Mills Oakley

 

Chair:

Christine Boyle, Barrister, Lennon’s List

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

11.00am to 11.15am Morning Tea

Presenters


Mr. James Masur, Barrister, Jack Shand Chambers
James is an experienced Barrister with a demonstrated history of working on a variety of civil litigation matters, as well as sensitive domestic and international counter-terrorism issues. Since 2014, James has had a particular focus in acting for plaintiffs for claims arising from historical institutional abuse matters against religious, educational and government institutions. James has appeared in notable cases including MC v Morris [2019] NSWSC 1326 wherein Fagan J awarded damages in excess of $3.5 million – the largest award of damages in Australia for cases of this kind. James levies his experience with the government, military, international sporting, and in private practice to bring a practical approach to managing and solving real-world legal and regulatory challenges based on in-depth legal analysis.


Mr. Luke Geary, Partner, Mills Oakley
Luke is a Partner in the Mills Oakley Not-For-Profit & Social Enterprise team in Brisbane and has extensive experience in the Not-For-Profit sector. Luke has a particular expertiseassisting 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.


Ms. Christine Boyle, Barrister, Lennon’s List
Christine Boyle is an experienced advocate practising in Common Law. Her main areas of practice are institutional abuse, medical negligence, inquests and public liability. In the institutional abuse field, Christine acts predominantly for plaintiffs, including those with intellectual disabilities, who were abused as children in Church or State run institutions. Christine appears regularly in damages trials, interlocutory applications, mediations and settlement conferences. Before coming to the Bar, Christine was a solicitor at Freehill, Hollingdale and Page (now Herbert Smith Freehills) and Rigby Cooke and for a major international funds manager in its Melbourne, London and Paris Offices.


Ms. Samantha Camilleri, Senior Lawyer, Judy Courtin Legal
Samantha Camilleri is a Senior Lawyer at Judy Courtin Legal, a firm proud to be specialising in institutional abuse law. Samantha has eight years’ experience in personal injury, the last two and half at Judy Courtin Legal. She has extensive litigation experience, spanning multiple jurisdictions, securing successful settlements for clients who have suffered profound psychiatric injuries due to the abject failures of the State, Church, School, and Sporting institutions. Samantha’s personal injury career commenced at Maurice Blackburn Lawyers working on Bonsoy, Black Saturday Bushfires and DePuy Hip Implant class actions, resulting in multimillion dollar settlements. Time spent as a Defendant solicitor at Wisewould Mahony enhanced her litigation experience in the County and Supreme Courts, as well as the Court of Appeal. Samantha’s pro bono work with the Mental Health Legal Clinic, Asylum Seeker Resource Centre and Springvale Monash Legal Service, has also given her the opportunity and privilege to advocate for some of society’s most vulnerable people.

WEB2310N04Z

Abuse Law Intensive

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DELIVERY MODE BELOW

Single Session
Tuesday, 17 October 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
Online 20241123 20231017

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