From an expert panel of work injury lawyers gain practical guidance on running both statutory and common law work injury claims. From eligibility and WorkCover statutory benefits, a close look at settlements and the recovery of benefits paid by a third party through to establishing a common law claim and assessing common law damages, attend and deepen your knowledge of your work injury practice.
12.15pm to 1.15pm Assessment of Common Law Damages
Focus on the elements that must be established and an evaluation of recent relevant decisions and will include a discussion of;
- Heads of damage
- Economic loss
- Interaction of heads of damage and statutory entitlements
Presented by John-Paul Wilson, Principal, Gilchrist O’Connell; Leading Workers Compensation Lawyers (Defendant), Doyles Guide 2023
9.00am to 10.00am Workers Compensation Eligibility and Statutory Benefits
- Eligibility criteria to access statutory benefits
- Exclusions
- Process for disputing adverse decisions including recent developments
- Recent proposed changes to eligibility: where does this leave us?
Presented by Rebecca Sorgiovanni, Director, Soul Legal
10.00am to 11.00am Settlements and the Recovery of Benefits Paid by a Third Party
- The forms of third party recovery: Medicare; Centrelink; Income protection payments
- What provides the legal right to recover from a settlement sum?
- Calculating the recovery amount and providing advice to your client
- Useful tips and tricks
Presented by Adam Stewart, Barrister, John Toohey Chambers
11.15am to 12.15pm Establishing Employer Negligence
- Considering the particulars of negligence
- Identifying potential factual disputes
- When expert evidence is required
- Examining recent determinations on serious injury in the work context
Presented by Chris Rimmer, Partner, Sparke Helmore; Leading Compulsory Third Party Insurance Lawyers (Defendant) and Leading Public & Product Liability Lawyers (Defendant), Doyles Guide, 2022
Chair
Brian Nugawela, Barrister, Michael Kirby Chambers
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation
11.00am to 11.15am Morning Tea
Presenters
Ms. Rebecca Sorgiovanni, Director, Soul Legal
Rebecca is a co-director at Soul Legal which firm had its inception in 2018. Prior to that she spent 10 years as Principal at Sorgiovanni Legal. Rebecca has worked for both Plaintiff and Defendant firms in Personal Injuries and Insurance law, since being admitted in 1998. Rebecca has previously been involved in the Australian Plaintiff Lawyers Association, WA Branch (now known as the Australian Lawyers Alliance) as head of the Education Committee and as Branch Secretary arranging CPD events, lobbying and assisting in arranging State Conferences. Rebecca is a registered family law mediator and a believer in alternative dispute resolution. At Soul Legal Rebecca and Kevin aim to combine strong litigation skills with a client focused approach, preferring cost effective holistic solutions where possible.
Mr. Adam Stewart, Barrister, John Toohey Chambers
Adam is an experienced advocate practising in personal injury, workers compensation, public liability, professional negligence and employment related matters. He has also advised and appeared in motor vehicle claims proceedings, total and permanent disability disputes and criminal injuries compensation claims. Prior to joining John Toohey Chambers in 2019, Adam was a Senior Solicitor at a boutique firm where he primarily practiced in personal injury and workers compensation disputes.
Mr. Brian Nugawela, Barrister, Michael Kirby Chambers
Brian presents at Legalwise Seminars events on torts, psychiatric injury and workers' compensation. Brian's practice areas include tort law (including professional negligence); workers’ compensation and Comcare, general civil and commercial litigation, Insurance disputes (including income protection and TPD insurance) and appeals (including some criminal appeals). Brian is a member of Michael Kirby Chambers and has appeared at all levels of the judicial hierarchy, from doing tribunal work to appeals in the High Court of Australia.
Mr. Chris Rimmer, Partner, Sparke Helmore
Chris Rimmer completed his law degree at the University of Western Australia in 1994 and was admitted as a barrister and solicitor of the Supreme Court of Western Australia in 1996 and admitted to the High Court of Australia in 2001. Chris has been a partner at Jackson McDonald, Jarman McKenna (which he helped found) and Sparke Helmore for over 20 years. Chris has practised insurance law for nearly 25 years providing advice to insurers and their insureds across all classes of insurance including workers' compensation, public and product liability, CTP and professional indemnity. Chris provides pre-contractual advice to insurance brokers and their clients pertaining to insurance and indemnity risks and regularly appears as Counsel in the Arbitration Service, the District Court and in the Court of Appeal. Chris has a busy workers’ compensation practice and is well qualified to speak on his topic of ‘Establishing employer negligence’.
Mr. John-Paul Wilson, Principal, Gilchrist O’Connell
John-Paul has more than 30 years’ experience in insurance litigation and advice, acting for insurers, insured and self-insured. He is an authority in WA workers’ compensation and employers’ liability and acts in the defence of public liability, CTP, property damage (first party and liability), motor vehicle property, industrial disease and professional indemnity claims. He has advised and represented insurers and insured in complex indemnity disputes. He co-authored the ‘Workers Compensation – Western Australia’ chapter of Halsbury’s Laws of Australia. John-Paul is an Honorary Life Member of the Australian Insurance Law Association. In 2019 he was awarded the Lexology Client Choice Award for Insurance.
