Litigation Skills for Government Lawyers

This seminar will delve into crucial aspects of litigation for government lawyers, with discussions providing you with an up-to-date perspective on Parliamentary Privilege and it’s implications for government lawyers, an updated view of the Model Litigant, issues with handling and protecting witnesses, and a consideration of Legal Professional Privilege.

Thursday, 26 October 2023
Chair:

Dr Steven Stern, Barrister and Trade Mark Attorney and Adjunct Professor, Victoria University, Svenson Barristers

Professional Skills
9:00am to 10.00am Parliamentary Privilege

Join Chris Erskine SC for an in-depth discussion on Parliamentary Privilege and its significance for government lawyers.

Presented by Chris Erskine SC, Barrister, Blackburn Chambers

Professional Skills
11.15pm to 12.15pm Handling and Protecting Witnesses
  • Identifying witnesses with particular vulnerabilities
  • What statutory protections are available for witnesses in disciplinary tribunal proceedings?
  • What further support can be offered by the regulator or relevant agency?

Presented by Jeremy Smith, Senior Legal Advisor, Australian Health Practitioner Regulation Agency 

Practical Legal Ethics
10.00am to 11.00am The Modern Lens of the Model Litigant
  • The source of the obligation and the ‘duty of fairness’
  • Examples of its application and lessons learnt
  • Implications of the Robodebt Royal commission
  • Practical insights and tips

Presented by Andrea Mapp, Managing Principal Solicitor, Victorian Government Solicitor Office, Inquiries Prosecutions and Administrative Law

Practical Legal Ethics
12.15pm to 1.15pm Legal Professional Privilege
  • Defining Legal Professional Privilege
  • Determining whether LLP is regulated by Common Law or Evidence Act
  • Satisfying the dominant purpose test
  • Extension of LPP to third parties
  • Making a claim of LPP
  • Loss of privilege

Presented by Simon Fuller, Barrister, Foley’s List

Description

Attend and earn 4 CPD units including:
2 units in Practical Legal Ethics
2 units in Professional Skills

 

This program is applicable to practitioners from all States & Territories

11.00am to 11.15am Morning Tea

Presenters


Andrea Mapp, Managing Principal Solicitor, Victorian Government Solicitor Office
Andrea Mapp is Managing Principal Solicitor at the Victorian Government Solicitor Office. At the VGSO, Andrea's practice encompasses advocacy, litigation and dispute resolution, regulatory prosecutions and statutory interpretation across a diverse range of legislation. Andrea advises on departmental and regulator responses to, and governance of, emerging or existing industry practices. Her experience ranges from providing specialised advocacy, drafting regulatory frameworks, procedure manuals, precedent documents for internal use by agencies, through to advice on the rules of evidence and prospects of success in inquiries, disciplinary proceedings, prosecutions and appeals. Prior to joining the VGSO, Andrea was a Senior Advocate at Consumer Affairs Victoria, where she advocated on behalf of the Director of Consumer Affairs Victoria in complex and serious matters. Andrea was also formerly barrister at the Victorian Bar with over 20 years' legal experience. Prior to joining the bar Andrea worked both in private practice and as in house counsel. Andrea is a qualified mediator with extensive experience in a varied range of commercial areas, with a particular focus on prosecutions, administrative law, building and construction, property and the Australian Consumer Law.


Simon Fuller, Barrister, Foley’s List
Simon practises in a broad range of matters in the areas of family, commercial, and administrative law. Having a diverse litigation practice provides him with a strong understanding of the law, court-room advocacy, issues of evidence, and strategy. It also allows him a unique understanding of the intersections of different areas of the law. He appears both led and unled in state and federal courts and tribunals at all levels in both original and appellate matters.


Chris Erskine SC, Barrister, Blackburn Chambers
Chris Erskine SC was admitted in 1982 and went to the bar in 1993, becoming a Senior Counsel in 2008. He practices in Canberra in all civil litigation, but especially litigation involving the government. He was one of the counsel for NSW in the largest civil litigation in the history of the ACT, the case arising from the 2003 bushfires, which ran from 2003 to 2014.


Jeremy Smith, Senior Legal Advisor, Australian Health Practitioner Regulation Agency
Jeremy Smith is a Senior Legal Advisor at the Australian Health Practitioner Regulation Agency, working in the Professional Misconduct Unit of its National Legal Practice. Jeremy manages professional misconduct referrals to the responsible tribunals (predominantly in the Victorian and Civil Administrative Tribunal); and any associated advice work and appellate work (whether merits review, judicial review, or appeals on an error of law). Jeremy has extensive experience advising on and managing matters that relate to allegations of sexual misconduct. Jeremy began his career in the law as an Associate to a Judge at the County Court of Victoria. Immediately prior to working at Ahpra, Jeremy was a Senior Associate at a mid-tier firm, acting in and advising on a wide variety of matters, including: professional disciplinary investigations and proceedings; Department of Health (State and Federal) investigations and prosecutions; Criminal investigations and prosecution of health practitioners (predominantly sexual offences); Occupational health and safety investigations and prosecutions; Coronial inquests; Anti-discrimination / equal opportunity proceedings; Civil proceedings (predominantly professional negligence, occupier liability, and workplace negligence / breach of statutory duty), appellate work, and otherwise advising insurers on indemnity.

WEB2310Q01Z

Litigation Skills for Government Lawyers

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Single Session
Thursday, 26 October 2023
9:00am to 1.15pm Australia/Brisbane
CPD Points 4
$505.00
Online 20241123 20231026

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