Evidence and Advocacy Conference

Hear from 12 of the best, including the Honourable Justices Weinstein and Kunc, Senior Counsel and other experienced litigators. Learn how to prepare expert evidence for complex commercial litigation, the practice of ‘conversation evidence’, the ethics of privilege & inadvertent disclosure. Get tips on managing evidence collection, preparation, and admissibility. Gain instruction on advocacy in interlocutory & urgent applications, and guidance on written advocacy & advocacy in mediations. 

Friday, 1 March 2024
9.00am to 9.25am Opening Address

Presented by The Hon. Justice Richard Weinstein, Supreme Court of New South Wales

9.25am to 10.20am Preparation of Expert Evidence, Particularly in Complex Commercial Litigation
  • The role of lawyers in preparing expert evidence: New Aim Pty Ltd v Leung 
  • Issues under the Evidence Act: see Dasreef Pty Ltd v Hawchar(2011) and Makita (Australia) Pty Ltd v Sprowles (2001)
  • Hindsight bias, its role and efforts to protect against it
  • Expert concurrent evidence: Joint expert reports, ‘hot tubs’ and cross-examination

Presented by Cynthia Cochrane SC and Aditi Rao, Barrister, Level 22 Chambers

10.20am to 11.10am A Quiet and Profound Revolution in the Law and Practice of ‘Conversation Evidence’: Kanes Hire Pty Ltd v Anderson Aviation Australia Pty Ltd
  • Examine the significant practical implication of Kanes Hire for case preparation and presentation
  • Explore the principles of the psychology of memory which underpin the new approach
  • Gain recommended practice guidelines for evidence preparation, which are informed by the decision and the broader principles of the psychology of memory
  • Understand the wider implications for practice and the administration of justice, of the psychology of memory (generally) and the profound vulnerability of conversational memory to distortion (specifically)

Presented by Hugh Stowe, Barrister, 5 Wentworth Chambers and Alexander Vial, Barrister, 5 Wentworth Chambers

Professional Skills
12.25pm to 1.15pm PANEL DISCUSSION: Managing Problems with Evidence Collection, Preparation and Admissibility: Tips and Traps

Facilitator: Vera Culkoff, Barrister, 2 Selbourne Chambers

Panellists:

Jason Betts, Partner, Global Co-Head of Class Actions, Herbert Smith Freehills
Julian O’Sullivan, Barrister, 13 Wentworth Chambers

Professional Skills
2.00pm to 3.00pm Written Advocacy: Writing with Effect and Persuasion

Senior Counsel imparts advanced strategies for skillfully persuading the court through the use of correspondence, affidavits and submissions

Presented by Anthony Cheshire SC, 8 Wentworth Chambers

Session 1: An Evidence Masterclass

Chair: Vera Culkoff, Barrister, 2 Selbourne Chambers

Ethics & Professional Responsibility
11.25am to 12.25pm Implied Waiver of Privilege and Inadvertent Disclosure: Challenges for Advanced Practitioners
  • Scope of legal professional privilege
  • Implied waiver: the grey areas and how to avoid unforeseen pitfalls
  • Inadvertent disclosure and what to do when there is an inadvertent disclosure 
  • Challenges posed by electronic documents and large volume discovery
  • Analysis of recent cases

Presented by Julian O’Sullivan, Barrister, 13 Wentworth Chambers

Session 2: Mastering Your Advocacy Skills: Insights from the Experts

Chair: Kate Eastman AM SC, New Chambers

Professional Skills
3.00pm to 4.00pm Collaboration not Advocacy at Mediation
  • Mediation does not involve proof of facts or persuasion of a third party
  • Appropriate and helpful preparation for mediation does not involve
    • Preparing your clients as if he/she is going to be a witness in court
    • Preparing yourself as if you are going to represent your client in court
  • Focus needs to be on client’s best interests, empowerment and on collaboration

Presented by Max Kimber SC, The Olive Rooms

Professional Skills
4.15pm to 5.15pm HEAR FROM THE BENCH: Interlocutory and Urgent Applications Advocacy

Presented by The Hon. Justice Francois Kunc, Supreme Court of New South Wales

11.10am to 11.25am Morning Tea Break
Description

Attend and earn 7 CPD units including:
2 units in Substantive Law
1 unit in Ethics & Professional Responsibility
4 units in Professional Skills

This program is applicable to practitioners from all States & Territories.

4.00pm to 4.15pm Afternoon Tea Break

Presenters


Mr. Jason Betts, Partner, Global Co-Head of Class Actions, Herbert Smith Freehills
Jason is widely regarded as one of Australia’s leading class action, regulatory investigation and product liability specialists. He has over 25 years’ of litigation experience and has defended the largest class actions and investigations in the Australian market. He is one of the few Australian defence lawyers to have run a class action to final trial and judgment, and is the only Australian lawyer to win two shareholder class actions at trial (on behalf of Worley and Iluka). Jason also led the defence of two of Australia’s largest ever product liability class action cases, and acted for the defendant in the seminal Australian decision on third party litigation funding in Australia – Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd. Jason is a Visitor to the University of Sydney Law School, teaching the post-graduate course “Class Action Litigation in Australia”. In 2022 Jason co-authored the third edition of the leading class actions text book in the country, “Class Actions in Australia”. He obtained his Master of Laws from the University of Virginia, specialising in class action defence theory.


Ms. Vera Culkoff, Barrister, 2 Selbourne Chambers
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She also practices in the area of wills, probate and family provisions disputes, involving complex issues and large estates. She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She remained a partner of the new firm until 2000, responsible for commercial and product liability litigation. She was called to the Bar in 2000. Vera was joint General Editor of the Australian Product Liability Reporter (from 2006 to 2011) and has conducted presentations at seminars on class actions and, whilst at the Bar, in building and construction law. In Timwin Construction v Facade Innovations [2005] NSWSC 548 (McDougall J), the notion of "good faith" was first argued by Vera and accepted by the Court in the context of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). It is now an entrenched part of the law in this field. In Vince Schokman v Xception Construction Pty Limited [2005] NSWSC 297 (Einstein J), the question of election under the same Act was first raised by Vera and resolved in favour of the argument put forward by her.,


The Hon. Justice Francois Kunc, Supreme Court of New South Wales
The Honourable Justice François Kunc was appointed to the Supreme Court of New South Wales in 2013. After graduating with degrees in Arts and Law from the University of Sydney, Justice Kunc practised as a solicitor from 1986 until called to the Bar in 1992. He was appointed Senior Counsel in 2007. He is a Fellow of the Australian Academy of Law and in 2020 graduated Master of Laws from Duke University’s Bolch Judicial Institute. Justice Kunc’s current appointments include Adjunct Professor, School of Law and Justice, Southern Cross University; and membership of the drafting committee for the Australian National Standards for Working with Interpreters in Courts and Tribunals (under the auspices of the Judicial Council for Cultural Diversity).


Mr. Anthony Cheshire SC, Barrister, 8 Wentworth Chambers
Anthony was called to the English Bar in 1992 and practised at the bar in London before coming to Sydney in 2003. He practices from the 8th Floor Wentworth Chambers. He has a broad range of practice, in particular in the general commercial, corporations, insolvency, insurance, equity, probate and professional negligence fields. He has extensive experience in relation to the internal affairs of corporations and associations and has acted for a variety of commercial, sporting, recreational, religious, political and other bodies and their members. He has been a barrister for over 25 years and was appointed Senior Counsel in 2015.


Ms. Aditi Rao, Barrister, Level 22 Chambers
Aditi Rao is briefed in a wide range of commercial and public law matters, including corporations law, insolvency, financial products and services and judicial review. Prior to being called to the bar, Aditi worked for Freehills (now Herbert Smith Freehills) as a commercial litigation solicitor. She was also an associate to Justices of the High Court and Federal Court of Australia, and research assistant to the Solicitor-General in South Australia.


Mr. Hugh Stowe, Barrister, 5 Wentworth Chambers
Hugh Stowe is a member of 5th Floor Wentworth Chambers, and has been at the bar for 10 years. He practices in equity and commercial litigation, with specialisation in insolvency and corporations law matters. He has an undergraduate degree from Sydney University, and a Master of Laws from Cambridge. Before coming to the Bar, he practised at Freehills and Mallesons, and was the Associate to the Chief Justice of the Federal Court of Australia. He has also lectured in law in the University of Durham, in the UK, in subjects including administrative law. While at the Bar, he served for 3 years as legal adviser of the Disciplinary Tribunal of the ASX, in which capacity he sat in on disciplinary proceedings before that Tribunal. He has also served for 4 years on a Professional Conduct Committee at the Bar, being a committee involved in disciplinary proceedings against barristers. Has written papers and delivered seminars on various topics, including bias, expert evidence, legal professional privilege, corporations law, the ethics of witness preparation, restraint of trade.


Ms. Cynthia Cochrane SC, Barrister, Level 22 Chambers
Cynthia Cochrane SC has a breadth of experience in patent law. She also specialises in commercial cases, with particular experience in competition and consumer law, business restraints of trade, insolvency and corporate governance. Cynthia Cochrane SC appears regularly in the Federal Court and Patent Office. She has a depth of appellate experience, including High Court experience over more than 15 years. She also appears in commercial matters in the NSW Supreme Court.


Ms. Kate Eastman AM SC, New Chambers
Kate Eastman AM SC is a barrister based in Sydney. Her practice at the Bar is in the areas of, employment, discrimination, sexual harassment and public law. Kate is the Chair of the Law Council of Australia’s Equal Opportunity Committee and the Australian Bar Association’s Diversity Committee.


Mr. Julian O’Sullivan, Barrister, 13 Wentworth Chambers
Julian O'Sullivan of 13 Wentworth Chambers was admitted to practice as a solicitor in March 1996. He worked in the dispute resolution group of Mallesons Stephen Jaques. In 2001 he joined the London office of Linklaters & Alliance as a member of its Intellectual Property, IT and Communications Group. Since being called to the Bar in 2003, Mr O'Sullivan has practised in the fields of commercial and corporate, banking and insolvency, competition and trade practices, intellectual property, aviation and professional negligence.,


Mr. Alexander Vial, Barrister, 5 Wentworth Chambers
Alexander maintains a national practice in complex commercial and regulatory matters. He is recognised as a Leading Junior (Band 1) for competition law and as a “Rising Star” in regulatory matters in the Legal500 rankings. Alexander specialises in commercial and regulatory litigation that covers all areas of competition and consumer law, trade practices including franchising, class actions, insolvency, intellectual property, and employment law. Alexander regularly advises on and appears in regulatory investigations and enforcement matters, as well as in Royal Commissions and inquiries. Before being called to the Bar, Alexander was a Senior Associate at Clayton Utz in Sydney where he specialised in competition, consumer law, and regulatory investigations and litigation. Earlier in his career, Alexander served as the Associate to the Honourable Chief Justice Doyle AC of the Supreme Court of South Australia and, after his Honour’s retirement, the Associate to the Honourable Chief Justice Kourakis. Alexander’s education includes a Bachelor of Civil Law (BCL) from the University of Oxford and a Bachelor of Laws (LLB) with First Class Honours from the University of Adelaide. Alexander is a founding author of Zuckerman on Australian Civil Procedure, a leading text on Australian civil procedure that is now in its second edition. He regularly publishes articles in a number of practitioner and academic journals.

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Evidence and Advocacy Conference

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All Sessions
Friday, 1 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Friday, 1 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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Afternoon Session
Friday, 1 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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Venue
Legalwise Seminars - 70 Pitt St

Level 11  70 Pitt Street, Sydney 

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

Parking Information

Parking not included in your registration. Here are some options below.

Secure Park 20 Bond Street - Click here for rates
Wilson Park 1 O'Connell Street - Click here for rates
Wilson Park 31 Bond Street - Click here for rates