Litigation Evidence & Advocacy

Learn evidence & advocacy skills from some of the best. Gain an in-depth understanding of expert evidence from admissibility through to the mechanics behind briefing experts and review the principles of privilege. Finally, skilled advocacy provides the tools to build that foundation into a winning case. You’ll improve your written submissions and learn how to be effective in your examination in chief and cross examination.

Thursday, 16 March 2023
9.00am to 10.00am Admissible and Persuasive Expert Evidence: Practical Guidance
  • Fields of expertise
  • Hearsay foundation for expert knowledge and opinion:  significance, scope and limits
  • Statement of reasoning: drawing the line of sufficiency
  • Collaborative preparation of expert reports: parameters of admissibility
  • Joint Expert Reports and Concurrent Expert Evidence: what are the Rules of Admissibility
  • Ethical limits of expert report preparation
  • Objections to expert evidence: strategies and the critical dilemmas

Presented by Paul Mendelow, Barrister, Francis Burt Chambers; Recommended Commercial Litigation & Dispute Resolution Barrister – Western Australia, 2022

12.15pm to 1.15pm Going for the Whales: How to Prepare an Effective Examination in Chief and Cross Examination

Presented by Michael Nicholls KC, Recommended Family Law Senior Counsel, Doyle’s Guide 2020

Professional Skills
11.15am to 12.15pm Written Submissions: A Tool to be Reckoned With
  • Drafting written submissions for applications and trials
  • Relationship between the written submissions and oral argument
  • How to persuade, making the most of your opportunity

Presented by Richard Douglas, Barrister, Francis Burt Chambers & Katja J Levy, Principal, Rossello Legal

Chair:

Stephen Owen-Conway KC, Sir Lawrence Jackson Chambers

10.00am to 11.00am Dealing with Privilege
  • Types of privilege: legal professional privilege; without prejudice privilege; privilege against self-incrimination; public interest immunity.
  • Elements required to establish each type of privilege
  • Deep dive into common interest privilege: how to protect legal professional privilege when working with others in the context of litigation

Presented by Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance

Description

Attend and earn 4 CPD points including:
2 points in Competency Area 2: Professional Skills
2 points in Competency Area 4: Substantive Law

This program is based on WA legislation

11.00am to 11.15am Morning Tea

Presenters


Paul Mendelow, Barrister, Francis Burt Chambers
Paul Mendelow joined the Independent Bar in 1994 and has practised from Francis Burt Chambers since that date. His primary areas of practice include Consumer Law, Corporations Law, tort, contractual disputes, insurance law, estates litigation and defending Occupational Safety prosecutions (involving death or serious injury). He regularly appears in the Superior Courts (at both trial and appellate level) in matters involving large, complex litigation. Successful High Court appearances include Henville v Walker (2001) 206 CLR 459 and Electricity Networks Corporation t/as Western Power v Herridge Parties & Ors [2022] HCA 37 (delivered 7 December 2022). Publications include the following articles published in the Australian Law Journal - "Expert Evidence: Legal Professional Privilege and Experts' Reports" (2001) 75(4) ALJ 258; and "Trade Practices Act: Recent Developments in Assessment of Damages" (2003) 77(8) ALJ 534. Paul is currently a member of Bar Council of the Western Australian Bar Association and for a number of years was the Convenor of the Western Australian Bar Readers’ Course.


Stephen Owen-Conway KC, Sir Lawrence Jackson Chambers
Stephen Owen-Conway QC specialises in commercial litigation and practices in the fields of competition Law, taxation, intellectual property; corporations law; maritime law and sports law. He appears in the Federal Court of Australia and other Commonwealth Courts and Tribunals. He also appears in the Supreme Court of Western Australia and in the Court of Appeal. Stephen was first called to the English Bar in 1973, then joining the Queensland Bar in 1975 and the Western Australian Bar in 1977 and was appointed a Queen's Counsel in the states of Queensland and Western Australia in 1992. He has held a number of academic positions throughout his career including visiting lecturer at Nottingham University, senior teaching fellow at the University of Western Australia and was a lecturer at the universities of Plymouth, Queensland and Western Australia. Stephen currently holds the position of adjunct professor of law at Murdoch University in Perth. Stephen has a particular interest in professional football and most recently was a director of Cardiff City Football Club in 2012. Stephen’s List Clerks are Svenson Barristers who are located in Melbourne.


Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance
Pat is a member of Clifford Chance's global litigation and dispute resolution team, and heads the Maritime team in Australia. She specialises in complex dispute resolution, acting for multinational and local companies in sectors including energy and resources (oil, gas and power), mining, logistics and shipping. She is a Past President of the Maritime Law Association of Australia and New Zealand (MLAANZ) and chairs it's Western Australian branch. She has a Doctorate of Juridical Science in Shipping Law from the University of Western Australia. Pat has lectured at the University of Notre Dame including in shipping law and has tutored at the University of Western Australia. She also sits on a number of professional committees.


Richard Douglas, Barrister, Francis Burt Chambers
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and the Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard has been a member and chair of the WA Law Reform Commission and acted in relation to a number of public enquiries. Richard continues to act in relation to complex, difficult and urgent matters in courts across Australia.


Katja J Levy, Principal, Rossello Legal
Katja Levy provides specialist advice in relation to all commercial, corporate and operational matters, with a focus on restructuring and insolvency, and major and complex or difficult projects. She also has expertise in dispute resolution in banking, construction, property, regulatory, cyber security, and information technology and services. Katja has a detailed understanding of best practices in governance and risk management as well as the current issues facing corporations and the role and responsibilities of company directors. With experience as an independent barrister, Katja's practice includes a broad range of work, including as counsel in complex trials and appeals across multiple jurisdictions.


Michael Nicholls KC, Barrister
Michael Nicholls KC is a barrister practicing in Family Law in Western Australia. As well as dealing with domestic property settlement and children's cases, he has a considerable practice in international family law, and deals with cases about international child abduction, relocation, adoption and surrogacy arrangements, jurisdiction and forum disputes and cases about the validity of marriages and divorces, as well as recognition and enforcement of foreign orders. Called to the Bar in London 1975, Michael has had a varied legal career, including being responsible for the Child Abduction Unit in the UK, a consultant to the Council of Europe on children’s matters and a visiting lecturer at the Academy of European Law in Trier. He often writes books and articles about international family law.

233W20

Litigation Evidence & Advocacy

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DELIVERY MODE BELOW

Single Session
Thursday, 16 March 2023
9.00am to 1.15pm Australia/Perth
CPD Points 4
4
$505.00
Face to Face 20240518 20230316

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Venue
Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

Parking is not included in you registration. Here are some options below:

Parmelia Hilton - Valet Parking only - Click here to view rates 
Convention Centre - 100 metres from Parmelia Hilton.  Click here to view rates