This unique program offers 3 industry experts who will dissect a key area related to maximising a personal injury claim. Examine how to ensure your knowledge of financial and accounting principles contributes to a better outcome for your client, explore the law and practice that improves the ultimate result as well as creates a productive working relationship with expert medical witnesses and finally, ensure you have the tools to maximise damages for loss of earning capacity.
Thursday, 31 August 2023
Chair:
Michael Barnes, Partner, Carroll & O’Dea
Professional Skills
3.00pm to 4.00pm Maximising the Value from an Expert Medical Witness: Building the Winning Team
- Best practices when working with medical experts
- Selecting an expert witness
- Gathering and providing information for expert witness reports
- Understanding tests and medical records and the value they can provide
- Preparing expert witness reports
- How to evaluate an opponent’s expert witness
Presented by Dugald McWilliams, Barrister, Dever’s List
Professional Skills
2.00pm to 3.00pm A Financial and Accounting Approach to Assessment of Damages
- Understand common accounting concepts
- Reading financial statements
- How financial statements can be misleading if not properly understood
- Understand the key cause of business failure and the solution
Presented by Kain Elsmore, Director, Forensic Commercial, Vincents
4.15pm to 5.15pm Maximising Damages for Loss of Earning Capacity
- The conceptual distinction between loss of earnings and loss of earning capacity
- Why characterising a claim as a loss of earning capacity is advantageous
- Evidentiary strategies to maximise claims for loss of earning capacity
- Strategic considerations: causation and onus
Presented by Petros Macarounas, Barrister, Frederick Jordan Chambers
4.00pm to 4.15pm Afternoon Break
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Dugald McWilliams, Barrister, Dever’s List
Dugald specialises in common law, insurance and commercial matters including industrial accidents, transport accidents, medical negligence, general insurance, product liability, professional negligence, inquests and class actions at trial (both before juries and Judge alone) and appellate level. He is ranked by Doyle's Guide as preeminent junior counsel in Victoria in the field of insurance law. Dugald was admitted in New South Wales in 1997 and worked as a solicitor in Sydney, London and Melbourne before coming to the Bar.
Mr. Petros Macarounas, Barrister, Frederick Jordan Chambers
Petros maintains a broad practice, with his core areas of focus encompassing commercial and equity, common law, family law and criminal law. Petros holds a Bachelor of Laws (with Honours) and a Bachelor of Medical Science from the University of Technology, Sydney. The combination of these two disciplines, in addition to being awarded the Roche Award for Excellence in Pharmacology at university, provides Petros with a solid foundation upon which to interpret medical evidence in the many cases in which he advises and appears. He appears predominantly for plaintiffs in personal injury matters, and insurers in motor vehicle property litigation, and his commercial practice sees him acting for both individuals and small companies. Prior to being called to the Bar, Petros practised as a solicitor at Henry Davis York and McLachlan Chilton, where he gained significant experience in the areas in which he continues to practice, providing him with a well-balanced approach when representing clients. Such areas include litigation and disputes relating to insurance, property, family provisions, estates, building and construction, CTP, personal injury and motor vehicle property damage.
Mr. Kain Elsmore, Director, Forensic Commercial, Vincents
Kain has been a director in the forensic division at Vincents since 2016, and started his accounting career with them in 2007. Throughout his career, Kain has specialised in the preparation of forensic accounting reports for litigation in personal injury matters. Kain has prepared reports in various jurisdictions throughout Australia, and his practice relates to dust disease matters, medical negligence, dependency / nervous shock claims and institutional abuse. Having previously been a Chef in the United Kingdom and Australia, Kain studied for his Bachelor of Commerce in Brisbane and subsequently attained a Graduate Diploma of Chartered Accounting.