8th Annual Advanced Evidence and Advocacy Conference

Session ID: 183N01
Date: Friday, 02 March 2018
Time: 09:00am - 05:15pm
Venue: UNSW CBD Campus, Level 6, 1 O'Connell Street, SYDNEY

Face to face

Ethics & Professional Responsibility: 1
Professional Skills: 6

State: NSW CPD:7
Standard Price $860.00

Also available as

OND183N01 Seminar Recording WEB183N01 Live Web Seminar

Overview

Session Content

Date: Friday 02 March 2018
Time: 9.00am to 5.15pm
Venue: UNSW, 1 O'Connell Street, Sydney

Attend the full day and earn 7 CPD units including:
6 units in Professional Skills
1 unit in Ethics & Professional Responsibility

Effective evidence provides the foundation to a solid case. Skilled advocacy provides the tools to build that foundation into a winning case. Without either, everything will crumble. Master how to leverage your persuasive evidence, minimise the need for superfluous evidence and ensure it's all admissible. Then gain valuable insights on advocacy from some of Sydney's foremost advocates so you'll have the tools for success in any matter.

Session 1: Evidence Masterclass: Admissible, Persuasive and Efficient

Chair: Peter Taylor SC, 13th Floor St James Hall; General Editor, Ritchie's NSW Supreme Court Practice

Advanced Strategies for Admissible and Persuasive Expert Evidence

  • How involved should lawyers be in assisting experts to draft?
  • Can in-house experts (project managers/architects/accountants) give evidence and what weight does it bear?
  • Proofing the witness and taking their statements
  • Maximising the admissibility and probative value of their report
  • The fine line between pre-trial conferences and coaching
  • The usual bases for objecting to expert evidence

Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne Chambers

Developing a Case Theory to Minimise the Necessity for Lay Evidence

  • Analysing the pleadings to work out what factual issues are in controversy
  • Consider extracting admissions before putting on evidence: benefits of Notices to Admit
  • Do you really need affidavits to support your case? Other sources of evidence to consider
  • Seeking to get your client out of the witness box

Presented by John-Paul Redmond, Barrister, 53 Martin Place Chambers; Sessional Lecturer in Evidence Law, Australian Catholic University

Arguing Admissibility Issues

  • The main bases of objection taken to affidavits and expert reports
  • Seeking discretionary rulings on admissibility
  • Developing strategies to deal with problematic evidence
  • Dealing with challenges from opposing counsel

Presented by Zoe Hillman, Barrister, Eight Selborne; Recommended Litigation Counsel, Doyle's Guide 2017

Ethics & Professional Responsibility
Legal Professional Privilege and Implied Waiver: Guidance for the Senior Practitioner

  • Implied waiver of privilege, inadvertent disclosure and how to deal with it
  • Challenges posed by electronic documents and large volume discovery
  • Analysis of recent cases

Presented by Vahan Bedrossian, Barrister, Edmund Barton Chambers

Session 2: Advocacy Insights from the Experts

Chair: Kevin Connor SC, Maurice Byers Chambers

Written Submissions for Appeals: Win it on the Papers

  • Drafting written submissions for appeals in the intermediate appellate courts
  • Relationship between written submissions and later oral argument
  • Observations on applications for Special Leave to Appeal to the High Court

Presented by David Jackson AM QC, New Chambers

Enhancing Your Cross-Examination Practice and Procedure

  • Evaluating your preparation and cross-examination techniques: questions to ask the witnesses and how to discredit the witness
  • Less is more: avoiding unnecessary cross-examination and re-examination
  • Identifying and leveraging cross-examination inconsistencies
  • Controlling the witness to elicit the appropriate response
  • Revaluating your approach

Presented by James Glissan ESM QC, H B Higgins Chambers

The Art of Advocacy in Mediation

  • Objectives: What are you trying to achieve in the mediation?
  • Preparation: pre-negotiation strategies, influencing perceptions of strength and use of documents
  • Presenting the argument: use of agendas and silence, uncovering assumptions and maximising interests
  • Effective bargaining: inventing options, expanding issues, trading concessions, breaking impasses
  • Closing the deal: effective techniques for achieving closure

Presented by Harold Werksman, Partner, Thomson Geer; Accredited Commercial Litigation Specialist; Best Lawyers 2018, Alternative Dispute Resolution; Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle's Guide 2017

Presenters

Chair:Peter Taylor SC

Peter Taylor was admitted to the Bar in November 1977. Peter was appointed Senior Counsel in NSW in 1993, and Queens Counsel in South Australia in 1994 and Western Australia in 1996. Peter is widely experienced both as a practising barrister and as a legal educator. Peter was the editor LexisNexis Ritchie's Supreme Court Procedure from 1984 and 2005. Since 2005 he has been the General Editor of Ritchie's Uniform Civil Procedure - the pre-eminent NSW civil litigation practice manual. Peter was a member of the NSW Legal Practitioners Board between 1994 and 2004. He was the inaugural chairman of the NSW Bar Advocacy Committee from 1996 to 2000. He is a former Chair of the Australian Institute of Advocacy Teacher Training sub-committee. Since 2006 Peter has been a Senior Member (Part Time) of the Administrative Appeals Tribunal.

Sydney Jacobs

Sydney Jacobs is a barrister at 13th Wentworth Selborne Chambers. He is also an arbitrator and expert determiner. Sydney obtained his BA. LLB at the University of Cape Town, South Africa, and read for his LL.M at Cambridge University, England. He later obtained a Higher Diploma in Company Law from the University of the Witwatersrand, South Africa. Sydney has a commercial equity practice with a focus on property litigation e.g. easement disputes, leasing matters (e.g. rectification and specific performance of leases) and contracts for the sale of land e.g. relief against forfeiture of deposit and building & construction disputes. In these types of cases, expert reports are almost always called for. He is the sole author of two major loose-leaf services, namely: Damages in a Commercial Context, and Injunctions: Law and Practice, both published by Thomson Reuters. He part authors the leading work, Commercial & International Arbitration, likewise published by Thomson Reuters.

John-Paul Redmond

John-Paul Redmond practice is diverse. Much of his work is of a commercial or equitable nature. This includes a broad range of matters: for example, matters arising under companies law, competition law, trust law, property law, insurance law and insolvency law. He also practices administrative law and public law. In addition to running his practice, John-Paul also teaches. He actively engages in pro-bono work based on the individual merits of each case.

Zoe Hillman

Zoe Hillman is a barrister practising from Eight Selborne chambers. Zoe's practise is focused on corporate and commercial law matters, including shareholder disputes. Prior to coming to the Bar, Zoe practised in banking and insolvency litigation at King & Wood Mallesons and was a partner of the boutique corporate and commercial law firm, Atanaskovic Hartnell.

Vahan Bedrossian

Vahan Bedrossian was called to the Bar in February 2000. He holds a Bachelor of Economics (Hons) and a Bachelor of Laws (Hons) from the University of Sydney. He practises primarily in the areas of commercial law, corporate law, equity, Insolvency and property. Vahan is a member of Edmund Barton Chambers. He was a member of a New South Wales Bar Association Professional Conduct Committee (PCC) from 2003 to 2010. Since coming to the Bar, Vahan has been involved in a wide range of matters aside from those areas constituting his daily practice areas, including proceedings for contempt, franchising litigation, and banking disputes.

Kevin Connor SC

Kevin Connor did medicine graduating in 1984 (MB BS Hons I). He also did neuroscience research in the laboratory of Professor Mark Rowe for which he was awarded a Bachelor of Medical Science. He practiced medicine in hospitals for three years - 1984, 1985 and 1986. Kevin completed the Barristers Admission Board Course in March 1986 (Dip Law). In 1987 and 1988 he was an Associate to Justice Mary Gaudron, who in February 1987 became the first woman to be appointed to the High Court of Australia. Kevin commenced practice at the New South Wales Bar in July 1989, first at 10 Selborne Chambers, and then from 1995 at Ten St James Hall Chambers, and from April 2000 at Maurice Byers Chambers on Level 60 of the MLC Building. He is interested in law generally, and continues to have an interest in neuroscience, particularly affective neuroscience. Kevin has been involved in cases in many different areas of the law, including tax, medical negligence, equity and trusts, commercial disputes, constitutional law, copyright, and professional disciplinary matters. In 2002 and 2003 Kevin was counsel assisting in the ICAC inquiry into the collapse of the New South Wales Grains Board. For a number of years in the 1990s Kevin lectured in the Admission Board Courses in the subjects of Torts, Equity and Trade Practices. Kevin was appointed Senior Counsel in 2007.

David Jackson AM QC

David Jackson has specialised in constitutional matters and appellate matters in the High Court of Australia and in final and intermediate courts of appeal in Australia and other countries for many years. He also practises as an arbitrator and expert determiner.

James Glissan ESM QC

James Glissan QC, areas of expertise are appellate advocacy in all matters before State Courts of Appeal and the High Court of Australia, first instance trial work, evidence on commission at trial level in the United States, the United Kingdom and New Zealand and criminal jury trials in all Australian jurisdictions. He is also a Class 1 mediator, member of IAMA, and so able to mediate disputes unlimited as to value/quantum, both nationally and overseas. He was admitted to practice as a barrister in 1971, public defender for New South Wales from 1981-1985 and was appointed Queens Counsel in 1985. He was Acting District Court Judge from 1989- 1991 and arbitrator of the Supreme Court of NSW from 1992-1998. He is currently an Adjunct Professor of Law, at the School of Advocacy at University of Canberra. Mr Glissan QC has written and co-authored many books including: Cross Examination, Practice and Procedure - An Australian Perspective; The Right Direction - A General Handbook of Jury Directions; The Laws of Australia, Vol.11 - Criminal Procedure; Personal Injuries Litigation in New South Wales; Australian Criminal Trial Directions; Advocacy In Practice and has had numerous published papers and periodicals.

Harold Werksman

Harold Werksman is a Partner at Thomson Geer and an accredited specialist litigator and mediator. He is an Australian pioneer in the use of alternative dispute resolution processes. He has particular expertise in relation to Corporate, Commercial, Contractual and Trade Practices disputes and have developed specialised negotiating techniques designed to resolve commercial disputes. He was nominated by General Counsel as one of "Australia's Best Lawyers As Judged By Their Clients" in The Australian.

Venue Details

UNSW CBD Campus

Level 6, 1 O'Connell Street
SYDNEY 2000
NSW, AUS

Ph: 02 9985 1515

Directions:

All day parking is $43 for entry and departure between 6.00am and

midnight the same day. Please head to the CBD Campus reception to get

your ticket stamped.

Early bird rates are also available via the Secure Park - Sofitel Wentworth

CBD Campus guests' can receive a discounted all day rate for parking at

Secure Park - Sofitel Wentworth The parking is located at 61-101 Phillip

Street with entry and exit via Bligh Street.

Parking is not included in the registration fee and fee is subject to change.

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"Excellent choice and variety of relevant topics and good group of presenters."

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