Practical Guide to Cross-Examination in Criminal Law

Gain practical tips on effective cross-examination in criminal cases. Receive an update on how to cross-examine children in light of recent case law and how to best manage ground rules hearings. Understand cross-examination of expert witness including the potential benefits or pitfalls of “hot tubbing” and concurrent expert evidence. Explore best practice for cross-examining adult complainants in sexual offence and family violence cases. 

Friday, 16 June 2023
Professional Skills
9.00am to 10.00am Cross-Examining Child Complainants

 

  • How to get the most out of ground rules hearings
  • How do you cross examine children...how times have changed
  • One eye on the Court of Appeal and one eye on your jury - Arbogast v The Queen [2022] VSCA 143

Presented by Jo Swiney, Barrister, Parnell’s Barristers

Chair:

Paul Galbally, Partner, Galbally O’Bryan, Accredited Specialist in Criminal Law; Leading Criminal Defence Lawyer, Doyle’s Guide 2022

Description

Attend and earn 3 CPD units in Professional Skills
This program is based on VIC legislation

Professional Skills
10.00am to 11.00am Cross-Examining Expert Witnesses

 

Presented by David Jones KC, Barrister, Queen’s Arms Chambers, and Liam McAuliffe, Barrister, William Crocket Chambers

11.00am to 11.15am Morning Break
Professional Skills
11.15am to 12.15pm Cross-Examining Adult Complainants in Sexual Offence and Family Violence Cases

 

Cross-examination in sexual offence and family violence cases is a sensitive process but a crucial process to execute well, so join Chief Counsel at VLA Chambers, Victoria Legal Aid, Julia Munster, as she shares her tips on how to effectively cross-examine complainants.
Presented by Julia Munster, Chief Counsel, VLA Chambers, Victoria Legal Aid; Accredited Specialist in Criminal Law, and Naomi Smith, Barrister and Senior Public Defender, Victoria Legal Aid Chambers

Presenters


Mr. David Jones KC, Barrister, Queen’s Arms Chambers
Since 2006, Mr Jones has appeared in hundreds of jury trials. He is regularly briefed in serious and complicated matters all across Australia including a number of high profile matters. David was recently accepted on the Victoria Legal Aid Preferred Barrister List. Mr Jones’ range of experience is vast. He has appeared in murder, manslaughter, attempted murder, drug trafficking, torture, and other serious criminal matters that include allegations of organised crime. Mr Jones was admitted as a barrister in the High Court of Australia in 2007. At the age of 24, Mr Jones received his permanent commission as a Crown Prosecutor. In 2010, he was appointed as a Senior Crown Prosecutor. He is currently listed on the Defence Counsel Services Panel for the Australian Defence Force. Mr Jones’ strength is in his advocacy, especially his trial advocacy. He has presented multiple CPD events that focus on evidentiary issues and trial advocacy. Mr Jones’ practice is not limited to representing those accused of serious allegations. He is also briefed to provide advice. The recipients of the professional advice range from large organisations such as the Australian Securities and Investment Commission through to small business owners and individuals.


Mr. Liam McAuliffe, Barrister, William Crocket Chambers
Liam practises in public and administrative law, common law, regulatory law, quasi-criminal and criminal law. He regularly appears in the County Court and the Magistrates' Court. He has significant experience in matters under the Serious Offenders Act 2018, and under the Crimes Mental Impairment (Unfitness to be Tried) Act 1997. Liam is experienced in regulatory prosecutions and in professional disciplinary matters. He also maintains an appellate practice relating to criminal law matters. He appears in coronial inquests, judicial review proceedings, public interest immunity matters, as well as confidentiality and suppression order proceedings. He also appears in VCAT in public law and human rights matters, merits review proceedings, privacy law and professional conduct matters. Liam in currently participating in the 2024 VLA Trial Counsel Development Program.


Ms. Julia Munster, Chief Counsel, VLA Chambers, Victoria Legal Aid
Julia Munster is an experienced trial advocate and has significant experience in complex sex offence trials, and in cross-examining complainants in sexual offence and family violence matters. Julia left Melbourne shortly after admission for an adventure in the desert. After many years working as an anthropologist she was ready to return to law. She spent 7 years as a solicitor advocate at the NT Legal Aid Commission, where she had a mixed practice in criminal, family and children’s law. She joined Victoria Legal Aid in 2010 and was appointed Chief Counsel of VLA Chambers in 2021. She practices in criminal law and public law/administrative law matters which intersect with criminal law. She regularly appears in complex trials and other hearings. She is an LIV Accredited Specialist in Criminal Law, the co-chair of the LIV’s criminal law specialisation advisory committee and is currently completing a Master of Laws. Like Naomi, she enjoys teaching and supporting less experienced practitioners.


Ms. Naomi Smith, Barrister and Senior Public Defender, Victoria Legal Aid Chambers
Naomi Smith is an experienced trial advocate. Naomi has significant experience in complex sex offence trials, and in cross-examining complainants in sexual offence and family violence matters. Naomi began her legal career in personal injuries before going on to work for Victoria Legal Aid and the Office of Public Prosecutions. She spent 10 years at the Victorian Bar both prosecuting and defending criminal cases. She joined VLA Chambers as a Senior Public Defender in 2018 and has appeared for legally aided clients in many complex trials and other hearings. She is an LIV Accredited Specialist in Criminal Law, a Consultant for the Monash Law Faculty and an accredited advocacy teacher with the Australian Advocacy Institute. She is an experienced, supportive and enthusiastic teacher, advocacy coach and mentor for less experienced practitioners. In her spare time she is a civil celebrant and has married many friends and colleagues in criminal law.


Paul Galbally, Partner, Galbally O’Bryan
Paul Galbally is a partner at Galbally & O'Bryan as well as an Accredited Criminal Law Specialist. He has been retained in some of the country's largest and complex criminal law proceedings which for the most part have involved white collar crime. He acted on behalf of a co-accused in the Elliott foreign exchange trial. He was retained in the Pro-Image proceeding and recently acted on behalf of Glenn Wheatley and is currently retained by Mr Andrew Lindberg, the former CEO of AWB, in regard to a civil penalty proceeding brought by ASIC and Mr Martin Kemp, a former director of ABC Learning Centres Ltd.


Ms. Jo Swiney, Barrister, Parnell’s Barristers
Jo is an experienced trial and appealant advcocate representing clients from pre-trial through to trial and hearing stages in Criminal, Testator Family Maintainence, Adminstrative and Employment law. Jo reguarly appears in the Court of Appeal, Supreme, County and Magistrates Court in trials, pleas, hearings, appeals and coercive hearings before investigatory bodies such as IBAC, and the Chief Examiner. Her primary practice is in Criminal Trials. She is instuctor and assessor in Crime, Ethics and Advocacy at the Leo Cussen Institute and lead counsel for Victoria Legal Aid's Trial Counsel Development Program. Jo was awarded an Indictable Crime Certificate in 2016 and is on the Victoria Legal Aid Preferred Trial Counsel list.

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Practical Guide to Cross-Examination in Criminal Law

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Single Session
Friday, 16 June 2023
9.00am to 12.15pm Australia/Sydney
CPD Points 3
$420.00
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