2017 Advocacy update
Course ID CN170217_LIT1
1. Advocate immunity
This cutting edge presentation will explore what the advocate’s immunity really is, to whom does it apply, the arguments for and against and recent developments in the immunity.
This segment will address the most vital aspects of cross-examination, including preparation, knowing your evidence, style of questioning, leading questions, knowing when to stop your examination, preparing your client for cross-examination, knowing your audience and the bench/judge and the relevant rules of evidence.
3. The art of persuasion – effective advocacy
In a climate of increasingly aggressive litigation, rising class actions and regulatory intervention, both in Australia and overseas, careful management of the dispute process is now more essential than ever. Effective advocacy is a fundamental component of the procedures critical to achieving a successful outcome.
Against this background, this session will look at use of persuasive techniques when:
- Walking the fine line between co-operation and capitulation
- Dealing with requests from Regulators for information and documents in an investigation
- Avoiding delay and efficiently managing the dispute process,
- Strategies for staying in control and reducing the potential exposures for adverse orders in court
4. Ex parte applications: ethical and practical challenges
This segment will include determing when to make an exparte application, the preparation of supporting documentation, ethical consideration in making such applications and useful strategies for presentation of argument in court.
5. Tricks and traps when adducing evidence of business records (including adducing voluminous evidence by way of a summary, Evidence Act 1995, s 50)
The underutilised Section 50 of the Evidence Act allows for evidence of voluminous or complex documents (which cannot otherwise be conveniently examined by the court) to be adduced by summary.
This presentation starts with a refresher on requirements for adducing evidence of business records generally and also includes detailed consideration of the of the formal requirements of adducing evidence in form of a summary, together with practical examples of potential application.
6. Briefing experts and expert evidence
This segment will address the following topics:
- The importance of reliable and impartial expert evidence (including the examination of the decision of Wood v R in that regard);
- Briefing expert witnesses – the Expert Witness Code of Conduct, new updates, issues to consider when briefing experts, preparing them for giving evidence; and
- Concurrent evidence (sometimes called hot tubbing)
Full Price $720.00
Alumni/Member Price $648.00
9am - 4.30pm
About This Course
This seminar complies with the mandatory areas of Professional Skills and Substantive Law.
Kendall Odgers, Barrister
9th Floor Wentworth Chambers
Kendall Odgers is a barrister with expertise in commercial litigation, equity and trusts, family provision, intellectual property, trade practices and corporate law. He was a solicitor with Piper Alderman and Gilbert & Tobin before acting as in-house legal counsel for PBL (Channel 9). Thereafter, he practised as a barrister with 9th Floor Wentworth Chambers. Kendall is Special Counsel to Coleman Greig and New South Lawyers. He is currently a lecturer with The College of Law, Masters program in Applied Law.
Leading corporate litigator, Ann Donohue has acted in some of the firm’s most significant litigation together with Royal Commissions, Government Inquiries and ASIC investigations.
For more than 20 years she has been engaged by major financial institutions, listed public and private companies for her extensive experience in large-scale commercial disputes, high-profile class actions and critical market-sensitive litigation.
Her leading client list includes AMP, CBA, BORAL, KPMG, Macquarie Group, SingTel Optus, and Qantas. Ann has also acted in ASIC inquiries for many years and understands the changing regulatory environment. More recently she has acted for the ATO.
Barrister, Culwulla Chambers
Mr MacPherson is a barrister with greater than 40 years of experience. In addition to Australia, he has practised law in Hong Kong and The Philippines as a Solicitor, Corporate Counsel, Crown Prosecutor and Barrister. He is a qualified mediator and a member of the Family Law Settlement Service Panel. Mr MacPherson earned his BA and LLB (Syd), and LLM and MBA (HK). He also has post graduate diplomas in Jurisprudence and Criminology (Syd) and Chinese Law (East Asia). Mr MacPherson has published seven books and numerous papers on legal related topics and has spoken regularly on such topics in the Asia-Pacific region.
Barrister, Eleven Wentworth
Tom is a university medalist and former High Court Associate, who practices in a broad range of areas, with a particular focus upon commercial litigation. Prior to coming to the bar, Tom worked as a solicitor at King & Wood Mallesons for over four years, where he was involved in a broad range of commercial and public law litigation. Tom has acted for and advised public and private companies, investment and retail banks, superannuation funds, other trustees, government agencies and individuals. In addition to practicing at the bar, Tom is a reporter for the New South Wales Law Reports. He received a Bachelor of Arts (History) / Bachelor of Laws (1st class Honours with the University Medal) from Macquarie University in 2008 and his LLM from University of Sydney in 2015.
Barrister, 7th Wentworth Selborne
Helena is a Barrister at 7 Wentworth Selborne chambers practising mainly in commercial law (including property and bankruptcy and insolvency matters). She was admitted to the Bar in 2014. She has a Masters of Law from the University of Warsaw (Poland), and a Bachelor of Laws (1st Class Hons) from the University of Sydney. Before coming to the Bar, Helena was a solicitor at Herbert Smith Freehills, and Tipstaff to Justice Slattery in the NSW Supreme Court.
Partner, Swaab Attorneys
Cecilia provides advice for environmental, planning and local government law matters and has extensive litigation experience in the Land and Environment Court of NSW and Supreme Court of NSW advising government and non-government clients on all aspects of planning and environmental legislation, as well as local government law and administrative law.
Cecilia regularly appears as an advocate in conciliation conferences and hearings in the Land and Environment Court and has provided internal advice as a secondee to Gosford City Council.
Prior to joining Swaab, Cecilia was a solicitor with Maddocks and prior to that a solicitor with Wilshire Webb. Cecilia was also an Associate for his Honour Judge Kinchington at District Court of NSW. Cecilia received a BA / LLB and Master’s Degree (Masters of Environmental Law and Local Government Law) from Macquarie University.