Abuse Law Forum

This area of the law is actively evolving with the increase in relevant jurisprudence and the as the number of claims continues to grow, this webinar will help you gain insights into the functioning of the institutional liability lists in the supreme and county court, the current Victorian experience of abuse hearings before juries, comparative awards for general and special damages, assessing past and future economic loss and focussing on what the future of abuse law might look like.

Tuesday, 5 March 2024
9.05am to 9.50am Practical Advice on Current Procedures in the Institutional Liability Lists in the Supreme and County Courts of Victoria
  • How the lists function
  • Pseudonym orders
  • Orders to remove a plaintiff’s address
  • Other non-standard orders
  • Advice from the trenches

Presented by Charles Harrison, Special Counsel, Carroll & O'Dea Lawyers

Chair:

Charles Harrison, Special Counsel, Carroll & O'Dea Lawyers

9.50am to 10.40am Abuse Claims and Juries: The Recent Victorian Experience
  • Exploring case studies offering lessons and insights into litigation strategies and challenges in trials before juries
  • Examining the intersection of abuse claims with public opinion and media influence and the potential impact on jury perceptions and verdicts
  • Opening and Closing submissions in front of a jury. Why they’re different

Presented by Michael Magazanik, Partner, Rightside Legal

10.55am to 11.40am Comparative Awards for General and Special Damages

Overview of damages awards relating to general and special damages (medicals) including:

  • How judges assess and compensate general damages for psychiatric injuries
  • How judges assess and compensate medical and like expenses claims for psychiatric injuries
  • Evidence for claims for physical injuries which relate to the psychiatric injury

Presented by Martin Slattery, Partner and Greg McAllister, Solicitor, Carroll & O’Dea

11.40am to 12.25pm Ingredients for Assessing Past and Future Economic Loss
  • Delve into the essential components of economic loss assessment in institutional abuse law cases, including factors like lost earning capacity
  • Explore methodologies and data sources used to gather information for assessing past and future economic loss, including expert testimony and financial records
  • Assessment under the National Redress Scheme
  • Using real-world case examples, highlight the challenges and strategies involved in accurately assessing economic loss

Presented by Garrie Moloney, Barrister, List A Barristers

12.25pm to 1.15pm Abuse Law Update: Where are We and What’s to Come
  • Stays and GLJ
  • Where are we at with vicarious liability
  • Preparing cases for trial

Presented by David Seeman. Barrister, Lennon’s List; Leading Insurance & Personal Injury Law Junior Counsel Doyles Guide 2023

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

9.00am to 9.05am Opening Comments by the Chair
10.40am to 10.55am Morning Break
Testimonials

Testimonials:

  • Good range of topics, materials provided very good
  • All speakers were very informative, comprehensive and engaging
  • Very applicable and relevant to this particular area of law

Presenters


Mr. Charles Harrison, Special Counsel, Carroll & O'Dea Lawyers
Charles Harrison is a Special Counsel in Carroll & O’Dea Lawyers’ Melbourne Office and works primarily in litigation and dispute resolution. He is also active in the not-for-profit and media law space. Charles has extensive experience in the conduct of civil claims for institutional abuse across a range of jurisdictions including Victoria, New South Wales, Queensland, and Western Australia. Charles acts for both institutional Defendant clients and also for Plaintiffs. Between 2015 and 2016, Charles was initially seconded and then employed by an institutional Defendant. This opportunity deepened Charles’ litigation experience and provided him with a unique insight into a large institutional defendant. Specifically, it augmented his practical approach to issues around discovery, as well as document production and maintenance, and the role involved him being “at the coal face” with various case studies of the Royal Commission into Institutional Responses to Child Sexual Abuse. Charles also appreciates the human element in responding to such matters. Returning to private practice in 2016, Charles now manages large-scale litigation and discovery, using ‘big-data’ to shape a holistic approach to case management. Charles has an in depth understanding of the various areas of law reform which effect and will continue to affect Civil Claims for Institutional Abuse. Charles is currently undertaking a Master of Laws at the University of Melbourne and is a member of the Law Institute of Victoria, the Australian Lawyers Alliance, and the Victorian Privacy Network.


Mr. Garrie Moloney, Barrister, List A Barristers
Garrie Moloney maintains a varied practice covering areas of commercial law, personal injuries law, insurance law, public law, and native title law. At appellate level, he has appeared in matters before the High Court in the Yorta Yorta v Victoria & Ors 214 CLR 422 and in GPAO v Northern Territory. He has also appeared in several native title and commercial cases in the Federal Court as well as several personal injury cases in the Victorian Court of Appeal.


Mr. Michael Magazanik, Partner, Rightside Legal
Michael Magazanik is a Partner with Rightside Legal. He formerly spent 11 years with Slater & Gordon in Perth and Melbourne, before he and Grace Wilson founded Rightside in 2016. Much of Michael’s time is spent representing sexual abuse survivors. Seven of Michael’s clients have taken their abuse claims to (successful) verdict over the past six years. These include two claims in WA (Lawrence and ZYX) and five in the Victorian Supreme Court (Hand, Perez, PCB, O’Connor and Kneale). Rightside Legal also obtained the first court decisions overturning sexual abuse settlement deeds in Western Australia and Victoria. Michael has acted in hundreds of successful asbestos claims, including trial wins in both Western Australia and Victoria. He also wrote a book, Silent Shock, about the global thalidomide tragedy. The book followed his legal work over three years for Australian thalidomide survivors which resulted in a $100 million settlement with the drug distributor. Michael previously worked at The Age, The Australian and for ABC Television.


Mr. David Seeman, Barrister, Lennon’s List
David practices in common law. He regularly appears in damages trials and at mediations, and advises in cases relating to Institutional Abuse, Public Liability, Police Assaults, Workcover, Transport Accidents and Medical Negligence. He is included in ‘Doyle's Guide’ as recommended junior counsel in Victoria in the field of insurance law. Prior to coming to the Bar David was a Judge's Associate and a Solicitor practicing in Personal Injury and Insurance litigation at Norton Rose.


Mr Charles Harrison, Special Counsel, Carroll & O'Dea Lawyers
Charles Harrison is a Special Counsel in Carroll & O’Dea Lawyers’ Melbourne Office and works primarily in litigation and dispute resolution. He is also active in the not-for-profit and media law space. Charles has extensive experience in the conduct of civil claims for institutional abuse across a range of jurisdictions including Victoria, New South Wales, Queensland, and Western Australia. Charles acts for both institutional Defendant clients and also for Plaintiffs. Between 2015 and 2016, Charles was initially seconded and then employed by an institutional Defendant. This opportunity deepened Charles’ litigation experience and provided him with a unique insight into a large institutional defendant. Specifically, it augmented his practical approach to issues around discovery, as well as document production and maintenance, and the role involved him being “at the coal face” with various case studies of the Royal Commission into Institutional Responses to Child Sexual Abuse. Charles also appreciates the human element in responding to such matters. Returning to private practice in 2016, Charles now manages large-scale litigation and discovery, using ‘big-data’ to shape a holistic approach to case management. Charles has an in depth understanding of the various areas of law reform which effect and will continue to affect Civil Claims for Institutional Abuse. Charles is currently undertaking a Master of Laws at the University of Melbourne and is a member of the Law Institute of Victoria, the Australian Lawyers Alliance, and the Victorian Privacy Network.


Mr. Martin Slattery, Partner, Carroll & O’Dea
Martin’s diverse career – journalist, guitarist, lawyer – means he has the life experience and the professional expertise to provide what his clients want when it matters – excellent technical advice, combined with practical solutions. With a strong common law background, Martin is an expert litigator. He has significant commissions of inquiry and royal commissions experience. He has a unique insight and empathy into how the various parties to a dispute perceive the same circumstances that are the nub of the issue. As a musician, his clients trust him to explain the complexities of intellectual property law so they avoid pitfalls and take advantage of opportunities. Martin also works with his clients to protect their intellectual property assets through trademark registration and copyright advice and litigation. Martin also works in the not-for-profit team, providing advice to clients from the not-for-profit sector. This includes governance and regulatory compliance advice, drafting commercial contracts and undertaking property transactions. Martin is responsible for the running of the Melbourne office.


Mr. Greg McAllister, Solicitor, Carroll & O’Dea
Greg is a solicitor in the commercial litigation and dispute resolution team at Carroll & O’Dea Lawyers. He has broad experience acting in a range of litigation matters involving, among other things, breaches of contract, trade practices, building disputes and debt recovery matters. Prior to joining Carroll & O’Dea Lawyers, Greg worked in various roles in the civil engineering and precast concrete industry. Greg’s work experiences enable him to understand the technical nature of building and construction matters. “Gaining business experience outside the law has enabled me to really understand what clients need. Carroll & O’Dea Lawyers has always encouraged lawyers to work outside the law to augment their legal knowledge.”

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Abuse Law Forum

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Single Session
Tuesday, 5 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Online 20240517 20240305

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