‘How to’ Skills for Litigators

Don’t miss this opportunity to upgrade your litigation skill with this. “How to” Guide. Master the art of analyzing the facts and maximizing the weight of evidence to win. Take a deep dive into pleading particulars, reviewing strategies to consider regarding particulars and what to do when they’re inadequate. Get a valuable guide on what to do to get the most out of your expert. Finally, learn when, what and how to get the best settlement deal for your client, as it’s not always financial.

Thursday, 23 March 2023
Professional Skills
11.15am to 12.15pm A Guide to Working with Experts
  • Briefing experts
    • What do you brief them with? crafting a detailed letter of instructions
    • What parts go to the experts and what should be disclosed to the other side? Relevant documents
  • Engaging experts and ensuring they are prepared for court
  • What is covered by privilege; instructions, draft report, information, and past expert opinions
  • Uniform Civil Procedure Guidelines
  • Admissibility of reports

Presented by Michelle Campbell, Barrister, Frederick Jordan Chambers

Professional Skills
12.15pm to 1.15pm Settlement Strategy: When, What and How to Get the Best Deal for Your Client: It’s not Always Financial
  • Calderbank offers and offers of compromise: when and how to use them
  • Settlement rules: ensuring ‘without prejudice’ offers are indeed ‘without prejudice’
  • Mediation and other forms of settlement conferences
  • Binding and in principle agreements 
  • How to record the settlement: Deed or no deed?

Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers

Chair:

Andrew Martin, Barrister, 13th Floor St James Hall

Professional Skills
9.00am to 10.00am Analysing the Facts and Maximising the Value of Evidence
  • “It’s not just experts…”: tell the finder of fact key things about the person telling the story - their education, life and business experience
  • Other than contextual information, draft your affidavits with an eye to the ‘facts in issue’
  • Conversation alone is insufficient: it usually requires corroboration, by other persons, or by contemporaneous documents and events
  • ‘Curb your enthusiasm’(or that of the witness): the obligation of the legal practitioner

Presented by Andrew Bailey, Barrister, Frederick Jordan Chambers

Professional Skills
10.00am to 11.00am Particulars in Pleading: A Guide to Principle and Strategy
  • ‘Material facts’, ‘Particulars’, ‘Evidence’; where is the line, and does it matter?
  • The purpose of particulars
  • The scope and limits of the requirement to provide particulars
  • Sending (and responding to) informal requests for particulars:  practice and strategy
  • Court applications for further particulars; grounds, defence, process, timing, and remedies
  • Critical strategic dilemmas in pressing for particulars

Presented by Hugh Stowe, Barrister, 5 Wentworth Chambers

Description

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

11.00am to 11.15am Morning Tea

Presenters


Andrew Martin, Barrister, 13th Floor St James Hall
Andrew was called to the Bar in 2009 after working as a solicitor and paralegal for 11 years. He holds a Master of Laws (Hons.) from Sydney University as well as an undergraduate Arts/Law degree. He is also a qualified mediator. Andrew regularly appears unled in the Court of Appeal, as well as in the Supreme Court and Federal courts primarily in corporate, commercial, tax and building matters, with a focus on insolvency. He has almost 20 years’ experience in advising insolvency practitioners, company directors and officers in relation to chapters 5 and 6 of the Corporations Act. Andrew regularly accepts briefs directly from such persons. His practice is driven by commercial considerations and he always looks to find the most suitable process to achieve the client’s end goal, whether that be through litigation strategy, arbitration or ADR. Andrew also accepts a large amount of pro bono civil matters from the bar’s Legal Assistance Referral Scheme, the Law Society pro bono solicitor and various volunteer community legal centres. He has also been appointed a number of times by the Court as amicus curiae.


Hugh Stowe, Barrister, 5 Wentworth Chambers
Hugh Stowe is a member of 5th Floor Wentworth Chambers, and has been at the bar for 10 years. He practices in equity and commercial litigation, with specialization in insolvency and corporations law matters. He has an undergraduate degree from Sydney University, and a Master of Laws from Cambridge. Before coming to the Bar, he practiced at Freehills and Mallesons, and was the Associate to the Chief Justice of the Federal Court of Australia. He has also lectured in law in the University of Durham, in the UK, in subjects including administrative law. While at the Bar, he served for 3 years as legal adviser of the Disciplinary Tribunal of the ASX, in which capacity he sat in on disciplinary proceedings before that Tribunal. He has also served for 4 years on a Professional Conduct Committee at the Bar, being a committee involved in disciplinary proceedings against barristers. Has written papers and delivered seminars on various topics, including bias, expert evidence, legal professional privilege, corporations law, the ethics of witness preparation, restraint of trade.


Andrew Bailey, Barrister, Frederick Jordan Chambers
Andrew Bailey commenced practice at the Bar in August 2014 after 12 years in practice as a solicitor: initially in Queensland, but principally in New South Wales since 2003, with responsibility for the conduct of matters in Victoria. Andrew accepts briefs in most areas of practice: particularly administrative law, bankruptcy and insolvency, commercial, construction, and equity. In his time as a solicitor, he has had some familiarity with costs litigation on behalf of firms he has worked for. This has developed into a discrete area of Andrew's practice at the Bar. Having an undergraduate degree in psychology, Andrew maintains an academic interest in psychiatric injury as a discrete legal topic.


Michelle Campbell, Barrister, Frederick Jordan Chambers
Michelle was admitted to the Bar in 2007. Her practice has extended to both criminal and civil law. Her main areas of practice include common law, in particulars personal injury claims which involves the regular use of experts both in relation to liability and damages. Prior to being called to the Bar, Michelle practices as an advocate as a prosecutor for various government departments, including the NSW Police. Since called to the Bar, Michelle has been briefed in a vast array of matters. She appears both led and unled in various State courts and tribunals, including the Supreme and District Courts of New South Wales. She has also appeared unled in a number of coronial inquests and appeals. She frequently appears in contested motions and in urgent interlocutory applications. Upon commencing practice at the Bar, Michelle developed a solid commercial practice in both common law and equity matters. She later transitioned into the areas of personal injury and professional negligence. The breadth of her practice has seen her more recently appear, led by Murugan Thangaraj SC, in the five month retrial of David Eastman for the murder of Colin Winchester, on behalf of the ACT Director of Public Prosecutions. That matter also involved many months of pre trial hearings, including the use of listening device material and expert evidence transcribing that material. Michelle called evidence from over 35 witnesses, including various experts, and cross examined a number of defence witnesses. Her professional qualifications include Master of Laws (Applied Law) in commercial litigation in 2015 and a Diploma of Law: LPAB in 1997. Michelle has recently become involved in TPD matters and has a particular interest in inquests.


Linda Clarke, Barrister, Second Floor Wentworth Chambers
Linda is a barrister and NMAS mediator practising primarily in the areas of estate litigation (with an emphasis on family provision and probate) and family law. She appears regularly in the Probate and Family Provision Lists. Linda has a particular interest in claims involving the protective jurisdiction, the use and misuse of POA’s and EPOA’s, and the growing area of elder abuse.

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‘How to’ Skills for Litigators

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Single Session
Thursday, 23 March 2023
9.00am to 1.15pm
CPD Points 4
4
$505.00
Face to Face 20240518 20230323

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