Ensure you benefit from 4 of the leading lights in in public liability claims. In just one morning you will gain a detailed review and analysis of the legislative and case law that applies to public liability in NSW including establishing liability under the Civil Liability Act 2002, the application of compensation to relatives and Section 15 of the Civil Liability Act as well as a comprehensive guide to assessing damages.
9.00am to 11.00am Establishing Liability Under the Provisions of the Civil Liability Act 2002
- What civil liability is excluded from the Act?
- How do you establish a duty of care and breach of that duty
- Examine the elements required to establish causation, that the alleged negligence or breach of duty of care were causative of the injury or harm allegedly suffered
- What is an obvious risk?
- Are all recreational and/or sporting activities dangerous? How do you establish, firstly that a sporting or recreational activity isn’t dangerous and, secondly, that the risk of harm from the activity wasn’t obvious?
- Are Aviation accidents and claims arising from injuries suffered in a plane required to be assessed in accordance with the provisions of the Civil Liability Act 2002?
- Do Sections 42, 43, 43A and 44 of the Civil Liability Act 2002 make it impossible to succeed in a claim against a Council or Public Authority?
Presented by Rob Taylor, Barrister, Jack Shand Chambers
Chair:
Paul Blacket SC, Sir James Martin Chambers
12.15pm to 1.15pm Assessment of Damages
- Economic Loss: how to shift the goalposts
- Future uncertain: damages for self-employed and non-wage earners
- The market for employment and its limits
- Building beautiful buffers
- The young plaintiff
- Damages to seventy and beyond: proving longer working lives
- The virtue of a broad brush
Presented by Tim McKenzie, Barrister
11.15am to 12.15pm Compensation to Relatives and Section 15 of the Civil Liability Act
- A consideration of the effect of s.15 Civil Liability Act 2002 (NSW) on the recovery of damages in respect of services a deceased would, but for their death, have provided to their household
- Analysis of the decision in Coote v. Kelly; Northam v. Kelly [2016] NSWSC 1447 in relation to claims for Nguyen v Nguyen damages
Presented by James Thompson, Barrister, Jack Shand Chambers, paper prepared by Dominic Toomey SC, Jack Shand Chambers; Leading Insurance Law Senior Counsel, Doyles Guide 2022
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
11.00am to 11.15am Morning Tea
Presenters
Paul Blacket SC, Sir James Martin Chambers
Paul Blacket SC was admitted to the Bar in 1978, having served his apprenticeship for five years as both Articled Clerk and employed Solicitor. He took Silk in 1999 and practices at 13th Floor, St James Hall in a wide range of matters including catastrophic and major personal injury, professional negligence, appellate work, administrative work, particularly involving professional misconduct, and work generally in relation to insurance. He has also practised extensively in Alternative Dispute Resolution and Mediation and has been at various times a Supreme and District Court, and Dust Diseases Tribunal Mediator, Arbitrator and Contributions Assessor. He has been extensively involved recently and for the last three years in the matter of Beckett v The State of New South Wales which concluded before Christmas after thirty-one days before Justice Harrison, having been once to the High Court and twice to the Court of Appeal on the way. He is interested in Aviation Law and Medical Malpractice and sees the potential for common lawyers in many aspects and complexities of professional sport and law. He has provided pro bono sports law assistance to a number of professional and amateur sports players.
Rob Taylor, Barrister, Jack Shand Chambers
Rob Taylor was admitted as a Solicitor in 1984 and as a Barrister in 1992. He has practiced for more than 38 years in personal injuries and associated litigation. He was employed as a Solicitor by Carroll & O’Dea for 8-years and was working as an Associate Partner when called to the Bar. As Counsel, Rob has appeared regularly in the Supreme Courts of NSW and ACT, the NSW District Court, the Compensation Court and Workers Compensation Commission of NSW and more recently in the Personal Injuries Commission of NSW. Rob has a large practice involved in preparation of and appearing for injured workers in Work Injury Damages claims and for Plaintiffs in Medical Negligence claims, TPD and Income Protection claims and Common Law/Public Liability claims. He also has a large practice assisting in the preparation of Motor Accident claims and appearing at Assessments, mostly for injured Plaintiffs. From time to time, but thankfully not regularly, he has also appeared in and represented clients in the NSW Court of Appeal and the High Court. Rob has a reputation as Counsel who fights hard for his client, who prepares claims well and who provides regular and detailed Advices on how a claim can be best prepared not only to maximise the quantum of the claim but also how to identify and, if possible, avoid or minimise problems with a claim.
Mr. James Thompson, Barrister, Jack Shand Chambers,
Since being called to the Bar in 2019, James has developed a busy practice across numerous practice areas. He has a particular interest in tort law, and regularly appears for both plaintiffs and defendants in public liability matters, and damages actions arising from medical and other professional negligence; intentional torts; historical sexual abuse; motor accidents; and workplace injuries. In addition, James is regularly briefed by insurers and insureds in matters involving property damage, building and construction disputes, and agricultural losses. James regularly appears in the Supreme Court and District Court of New South Wales, both led and unled.
Mr. Tim McKenzie, Barrister
Tim has 35 years experience at the bar and does exclusively common law cases in the various Tribunals and Courts in NSW. His main experience has been representing Plaintiffs in industrial accidents and motor accidents claims. He also does medical negligence claims. He likes cricket and has too many children, but a sympathetic dog.
