Queensland Law Society

Personal injuries conference

Friday 12 October 2018
Brisbane Convention & Exhibition Centre

Now in its 18th year, this is the premier event for both plaintiff and defendant personal injuries solicitors in Queensland. The 2018 program is not to be missed, with a comprehensive review of recent legal developments from leading experts.

The conference kicks off with a keynote address from a renowned jurist in Queensland personal injuries legal history, the Honourable Duncan McMeekin, former Judge in the Supreme Court of Queensland. This will be followed by sessions on avoiding the Civil Liability Act: work injuries, journey claims and host employers, the role of standards in proving duty of care, breach and causation, and obligations concerning relevant documents disclosed in other court proceedings. Practical guidance is provided on dealing with agencies and other bodies including NIIS, NDS and WCRA/CTP claims.

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7 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$652 Earlybird
$817 Standard
Non-member
$1067 Standard

Earlybird closes 14 September
Registration closes 9 October



Program

8am

Registration

8.15am

Welcome remarks

Presenter:
Ken Taylor, President, Queensland Law Society; Director, Purcell Taylor Lawyers; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation/Tort Law Committee

8.20am

The impact of claims farming on the CTP scheme in Queensland

Presenter:
Neil Singleton, Insurance Commissioner, Insurance Commission, Queensland Treasury and Trade
Chair:
Ken Taylor, President, Queensland Law Society; Director, Purcell Taylor Lawyers; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation/Tort Law Committee

8.35am

Keynote address: Observations on personal injuries litigation in Queensland

Presenter:
The Honourable Duncan McMeekin, Former Judge of the Supreme Court of Queensland
Chair:
Ken Taylor, President, Queensland Law Society; Director, Purcell Taylor Lawyers; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation/Tort Law Committee

8.55am

Work injuries, journey claims and host employers - when can a claimant escape the clutches on the CLA?

A review and update on this developing area of damages, in the areas of workers' compensation, motor vehicle and public liability law. Topics to be covered include: 

  • when is a driver entitled to the Newberry v Suncorp Metway Insurance exception? 
  • measure and remoteness of damages: Queensland Court of Appeal case, Foster v Carter & Anor
  • formulating, and responding to, claims.
Presenter:
Travis Schultz, Councillor, Queensland Law Society; Principal, Travis Schultz Law; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation/Tort Committee
Jeremy Trost, Barrister, Queensland Bar
Chair:
Kara Thomson, Councillor, Queensland Law Society; Special Counsel, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) - Qld

9.40am

Master servant claims - how standards can and can't be used to prove a claim

Standards can be helpful, if not completely determinative, in resolving personal injuries issues. For example, breach of an Australian or International Standard does not of itself prove negligence but it can be evidence of a breach. In this session, an ergonomist outlines the standards that are commonly relevant to master servant claims, and how and why they are used.  Examples are provided of standards for the more common incident types such as manual handling, slips/trips/falls, and machine guarding. One of the state’s most highly regarded and experienced insurance lawyers will then review some of the important legal aspects including the key decisions in which standards have been considered, and how to frame a case where a breach of a standard has occurred.

Presenters:
Kate Denning, Principal, Denning Insurance Law
Justin O'Sullivan, Ergonomist and Owner, Ergowork
Chair:
Kara Thomson, Councillor, Queensland Law Society; Special Counsel, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) - Qld

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10.40am

Morning tea

11am

Ethical and legal issues arising from documents in family law proceedings

This session will be based on a case study, where panellists will consider both legal and ethical obligations, arising from the interface between family law and personal injury law as it relates to documents, that are part of family law proceedings. By attending this session, you will have an understanding of: 

  • a claimant’s obligations under various legislation to make disclosure and prohibitions that may exist
  • the implied obligations under the principle articulated by the High Court of Australia in Hearne v Street (2008) 235 CLR 125
  • the effect of section 121 Family Law Act 1974 (Cth) on the prohibition on publication of family court proceedings
  • the relevance of Rules 3, 6.1, 9 and 14 of the Australian Solicitors Conduct Rules 2012.
Panellists:
Peter Eardley, Consultant, Kerin Lawyers; Queensland Law Society Senior Counsellor and Former President, Queensland Law Society
Rachael Miller, Partner, Quinlan Miller and Treston Lawyers and Accredited Specialist (Personal Injuries) – Qld
Trent Johnston, Director, Bennett & Philp Lawyers; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation / Tort Committee
Wendy Miller, Special Counsel, Damien Greer Lawyers; Queensland Law Society Senior Counsellor and Accredited Specialist (Family Law) - Qld
Facilitator:
Stafford Shepherd, Director, QLS Ethics and Practice Centre, Queensland Law Society

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12pm

Causation and injury to a degenerative spine - the orthopaedic perspective 

This session reviews the common spinal degenerative type conditions and how these present and progress with and without injury. What factors do specialists consider when determining causation where there is injury to a spine with a pre-existing condition. What is the science behind determining when an aggravation of pre-existing degeneration has ceased. Guidance is provided on the important information specialists need when briefed to provide a medico-legal opinion.

Presenter:
Dr John Albietz, Specialist Orthopaedic Surgeon
Chair:
Helen Ashton, Special Counsel, East Coast Lawyers and Accredited Specialist (Personal Injuries) - Qld

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12.45pm

Lunch

1.30pm

Stream 1A: Essentials

Some do's and don'ts of advocacy in mediations

An experienced mediator and barrister provides guidance on how legal advisers can best help their clients in mediations. 

Presenter:
Peter Munro, Barrister, Queensland Bar
Chair:
Anna Morgan, Senior Associate, Maurice Blackburn Lawyers and President, Gold Coast District Law Association

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Stream 1B: Masterclass

How to plead fraud

A practical session on drafting pleadings including the pleading of fraud issue highlighted in Carsell v KBRV Resort Operations Pty Ltd [2017] QSC 239 and Carswell v KBRV Resort Operations Pty Ltd (No 2) [2018] QSC 110.

Presenter:
Gerard O'Driscoll, Barrister, Queensland Bar 
Chair:
Stephen Hughes, Principal Lawyer, Macpherson Kelley

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2.15pm

Stream 2A: Essentials

Navigating WCRA/CTP claims and NIIS/NDIS update

From both plaintiff and defendant viewpoints, this session provides practical guidance on navigating the various legislative frameworks. What are the entitlements, how does one go about accessing and how to have rights reviewed under more than one act.

Presenters:
Renee Eglinton, Legal Practitioner Director, Kare Lawyers 
Michael Garbett, Partner, Moray & Agnew Lawyers and Chair, Queensland Law Society Accident Compensation/Tort Law Committee
Kylie Horton, General Manager, Motor Accident Insurance Commission
Kara Thomson, Councillor, Queensland Law Society; Special Counsel, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) – Qld
Chair:
Anna Morgan, Senior Associate, Maurice Blackburn Lawyers and President, Gold Coast District Law Association

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Stream 2B: Masterclass

Advanced workshop on developments in personal injuries case law

Engage your analytical skills in this high level workshop based around a complex fact pattern designed to illustrate some of the key issues arising from recent cases.

Presenter:
Rachael Miller, Partner, Quinlan Miller and Treston Lawyers and Accredited Specialist (Personal Injuries) – Qld
Jamie Miller, Partner, Quinlan Miller and Treston Lawyers
Chair:
Stephen Hughes, Principal Lawyer, Macpherson Kelley

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3.15pm

Afternoon tea

3.35pm

Stream 3A: Essentials

Professional risk of personal injuries practice

This practical session will examine key areas of liability for personal injuries legal practitioners, both plaintiff and defendant, and developments in the area of professional negligence.

Presenters:
Robert Mackay, Senior Risk Solicitor, Lexon Insurance
Allison Langford, Principal, McInnes Wilson Lawyers
Chair:
Michael Garbett, Partner, Moray & Agnew Lawyers and Chair, Queensland Law Society Accident Compensation/Tort Law Committee

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Stream 3B: Masterclass

Standard of care in medical negligence cases

A review of key recent case law from Queensland and other states, addressing developing areas such as when ‘peer professional opinion’ (under section 22 Civil Liability Act 2003) varies among specialists.

Presenter:
Kalina Pyra, Senior Associate, Hall Payne Lawyers
Chair:
Stephen Hughes, Principal Lawyer, Macpherson Kelley

4.20pm

Break

4.25pm

Sexual abuse claims against institutions

Review of legal issues and applicable law followed by a panel discussion. Topics to be covered include: 

  • principles of vicarious liability between institutions, employees and agents
  • grounds for setting aside earlier settlement agreements
  • defences available to institutions based on prejudice, arising from passage of time such as loss of evidence, and difficulties identifying the defendant/changes to defendant institutions
  • jurisdictional and threshold defences: degree of harm, events occurring out of state, physical abuse versus sexual abuse.
  • Federal Redress Scheme
  • direct personal response and pastoral resolution 
  • applicability of CLA to damages calculations.
Panellists:
Michelle James, Principal and National Head of Sexual and Institutional Abuse Litigation, Maurice Blackburn Lawyers
Warren Strange, Executive Officer, knowmore, National Association of Community Legal Centres
Stuart Unwin, Special Counsel, Colin Biggers & Paisley Lawyers
Luke Geary, Partner, Mills Oakley
Facilitator:
Michael Garbett, Partner, Moray & Agnew Lawyers and Chair, Queensland Law Society Accident Compensation/Tort Law Committee

5.25pm

Closing remarks

Presenter:
Ken Taylor, President, Queensland Law Society; Director, Purcell Taylor Lawyers; Accredited Specialist (Personal Injuries) – Qld and member, Queensland Law Society Accident Compensation/Tort Law Committee

5.30pm

Close

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QLS will use every effort to maintain the integrity of event programming, however QLS reserves the right to amend professional development programs and substitute presenters and/or topics where necessary.

Sponsors

Gold sponsor

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Silver sponsor

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