Gain real insights, tips and traps on drafting effective and concise pleadings, defences and other non-originating pleadings, plus get an intensive guide to principles and strategies to consider before drafting your particulars. Review your ethical obligation in signing and adopting pleadings, with reference to the Harman Undertaking. Don’t miss this opportunity listen to and learn from this skilled panel of litigators, taking your skills to the next level.
9.00am to 10.00am Drafting Effective and Concise Pleadings
- Drafting successful pleadings: practical advice
- Late amendments/granting extensions
- When to review strategy
- Petty objections: how to deal with them
Presented by Brian Nugawela, Barrister, Michael Kirby Chambers
11.15am to 12.15pm Particulars of Pleadings: A Guide to Principle and Strategy
- How do you make the particulars helpful?
- The scope and limits of the requirement to provide particulars
- Sending (and responding to) informal requests for particulars: practice and strategy
- Court applications for further particulars; grounds, defence, process, timing, and remedies
- Critical strategic dilemmas in pressing for particulars
Presented by Richard Douglas, Barrister, Francis Burt Chambers
Chair:
Tim Lethbridge, Lawyer, Croftbridge
12.15pm to 1.15pm Ethical Obligations in Drafting Pleadings
- Lawyers obligations in signing or adopting a pleading
- The Harman Undertaking as it applies to preparing pleadings
- Unusual causes of action
- The virtues of 'The Smell Test'
- Managing client expectations
Presented by Brendan Ashdown, Barrister, John Toohey
10.00am to 11.00am Defences and Other Pleadings
So, you have a statement of claim, what about the other pleadings? Discover tips, traps and key insights when drafting defences, third party pleadings, admissions and joinders.
Presented by Katja J Levy, Principal, Rossello Legal
Description
Attend and earn 4 CPD points in Competency Area 2: Professional Skills
This program is based on WA legislation
11.00am to 11.15am Morning Tea
Presenters
Mr. Tim Lethbridge, Lawyer, Croftbridge
Tim Lethbridge graduated from UWA in 2000 with degrees in Law and Computer Science. He completed his articles at Lewis Blyth & Hooper, where he worked for 5 years, before taking a break in Melbourne, then Europe. He returned to Perth in 2006 and was employed by Kott Gunning, where he became a partner in 2010. In September 2016, Tim and Elise Croft, one of his fellow partners at Kott Gunning, decided to go out on their own. They started their own firm, Croftbridge, specialising in employment law, contested estates, safety law and general commercial litigation. Tim has presented seminars for Legalwise, AventEdge, AIMWA, the Governance Institute, and IFAP (the Industrial Foundation of Accident Prevention) on a diverse range of topics including bullying in the age of social media, director and officer liability for occupational health and safety breaches, dismissal of employees, drafting employment contracts, legal issues surrounding real estate agents and managing sick and injured employees.
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. Some of Brian's notable cases include Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11 and Newcrest Mining Limited v Thornton [2012]HCA 60 and Westrupp v BIS Industries [2015] FCAFC where the Full Federal Court interpreted the HCA's decision in Comcare v PVYW oncerning statutory concept of "injury".
Mr. 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.
Ms. 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.
Mr. Brendan Ashdown, Barrister, John Toohey
Brendan Ashdown has been admitted to legal practice for over 25 years. After founding his own firm, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers. Brendan undertakes trial and appellate work in a wide range of areas with an emphasis on equity & trusts, property, banking & finance, bankruptcy & insolvency, commercial law & trade practices, contested probate, wills & estates, and family law property matters (appeals, trust, company & third party issues).
