Personal injury
The Personal Injury stream will be hosted on Wednesday 25 November 2020.
Program subject to change.
|
Time |
Topic |
Speaker |
CPD units |
Knowledge area |
|
8.45am-8.50am |
President's welcome | Richard Harvey* President The Law Society of NSW Chair Law Society's Specialist Accreditation Board |
||
| 8.50am- 8.55am | Chair's welcome |
Belinda Cassidy* Special Counsel Stacks Goudkamp |
||
| 8.55am- 9.00am | Lawcover sponsor message |
Kerrie Lalich Chief Executive Officer Lawcover |
||
| 9.00am-10.00am |
Recent developments in medical negligence
• Procedural and interlocutory developments
• Duty and breach trends
• Causation uncertainties
• Wrongful birth claim issues |
Bill Madden* Special Counsel Carroll & O'Dea Lawyers Richard O'Keefe Barrister Maurice Byers Chambers |
1 | Substantive Law |
|
10.05am-11.05am
|
Annual case review covers important personal injury cases of the last 12 months from Australia and other common law countries
In this session Dr Andrew Morrison SC will examine recent relevant personal injury cases from both Australia and other common law jurisdictions. The cases cover a wide range of legal issues and case types, including aviation claims, institutional abuse, occupiers liability, vicarious liability, sporting injuries and many more.
|
Dr Andrew Morrison SC
Barrister Wardell Chambers |
1 | Substantive Law |
| 11.10am-12.10pm |
Legal ethical scenarios in personal injury
Does your client want to hide a pre-existing injury?
Can you make a “final offer” knowing that it isn’t final?
Do you rise when the judge enters online court?
Join Linden as she explores these and other ethical dilemmas in personal injury law. |
Linden Barnes
Senior Ethics Solicitors Law Society of NSW |
1 | Substantive Law |
| 12.10pm- 1.00pm | Lunch |
|||
| 1.00pm- 2.00pm |
Panel: Personal Injury Commission Bill 2020
Join us for a panel session examining the imminent commencement of the Personal Injury Commission and its impact on practitioners. Hear from President, His Honour Judge Gerald Phillips, and Division Heads, Rod Parsons and Marie Johns, as they discuss the background and structure of the Commission, anticipated practice and procedure, as well as challenges and aspirations for what the future of the Commission may hold. |
Moderator: Ian Jones
Partner Sparke Helmore Lawyers Panellists: His Honour Judge Gerald Phillips President Personal Injury Commission Rod Parsons Division Head Workers Compensation Division Personal Injury Commission Marie Johns Division Head Motor Accidents Division Personal Injury Commission |
1 | Substantive Law |
| 2.05pm- 3.05pm |
Merits review and judicial review in motor accident cases: recent cases and takeaways
1. A practical guide to the steps for:
a. An internal review
b. DRS applications
c. Merit review
2. Avenues for judicial review when merits review fails or isn't available |
Jnana Gumbert
Barrister Jack Shand Chambers |
1 | Substantive Law |
| 3.10pm- 4.10pm |
Workers compensation developments in response to COVID-19
COVID-19 has impacted every aspect of the New South Wales workers compensation system since the 1st public health order in March 2020.
The pandemic has provided an opportunity for innovative and responsive changes to lessen or ameliorate the impact of the pandemic on injured workers, insurers and employers.
This session will discuss changes or developments in the regulatory environment, legislation and practice in response to COVID-19 and will consider ‘what next’. |
Roshana May*
Director Independent Legal Assistance and Review Service (ILARS) WIRO |
1 | Substantive Law |
| 4.10pm- 4.14pm | Chair end of day |
Belinda Cassidy*
Special Counsel Stacks Goudkamp |
Sessions on demand
|
Topic |
Speaker |
CPD units |
Knowledge area |
|
Recent changes to defamation law
The NSW government has passed the Defamation Amendment Bill 2020, making the biggest changes to the law in this area for more than a decade. This talk will focus on those changes, including:
• The new “serious harm” requirement;
• The recasting of concerns notice and offer to make amends requirements;
• The change to the limitation period extension rules, including in the context of social media publications;
• The new defence of publication of matter concerning an issue of public interest;
• The new defence for scientific or academic publications;
• The overturning of the Rebel Wilson damages exception.
Other changes will be briefly noted, including to the contextual truth defence, the (old) defence of statutory qualified privilege and to the defence of honest opinion.
In addition recent decisions of interest will be noted, including in relation to social media and social media platforms. |
Kieran Smark SC Barrister 5 Wentworth Chambers |
1 | Substantive Law |
|
A psychiatric perspective on personal injury assessments
In this informative session, Dr Patricia Jungfer provides a psychiatrists insight in assessments for personal injury claims. Topcis covered include the medical concept of causation and how it differs from the legal concept of causation, common psychiatric disorders, diagnostic challenges and an understanding of how psychiatrists determine if there is a psychiatric disorder, and reaching a determination of stabilisation. Dr Jungfer also considers the essentials in a psychiatric independent medical examiner (IME) report, as well as the best way to work with and instruct IMEs. |
Dr Patricia Jungfer Psychiatrist MBBS (Hons), MM, FRANZCP |
1 | Substantive Law |
| CTP update: income loss benefits | Sarah Warren Barrister 9 Windeyer Chambers | 1 | Substantive Law |
|
Issues arising from virtual litigation proceedings and dispute resolution processes
Join Nicole Compton, barrister, for a session on virtual litigation and dispute resolution. This session covers topics such as online courtroom etiquette, preparation of e-briefs and court books, best practice ahead of an online appearance and the importance of communicating with and managing clients and witnesses, particularly as there is the potential for an increased sense of disconnect from the judicial process in a virtual environment. |
Nicole Compton
Barrister Sir James Martin Chambers |
1 | Substantive Law |
*Speaker is an Accredited Specialist
Click here to download the program.
CONTACT USPhone: 02 9926 0250 |
 |
© Copyright 2020 - The Law Society of New South Wales (ABN 98 696 304 966, ACN 000 000 699) |