Queensland Law Society

Personal Injuries Conference 2017

Friday 27 October 2017
Brisbane Convention & Exhibition Centre

Now in its 17th year, the QLS Personal Injuries Conference continues to be the premier professional development event for both plaintiff and defendant personal injuries solicitors. Kicking off with a keynote address from the Honourable Ian Callinan AC, the conference will also include:

  • an overview by Richard Douglas QC of the five most significant decisions over the past six months
  • a practical examination of recent claims and cases against personal injuries legal practitioners
  • an analysis of factual considerations for quantifying economic loss in atypical situations
  • a summary of neuropsychological assessments, the scientific basis of those tests, and their interpretation
  • a consideration of the principles for determining liability in a labour hire situation in light of recent decisions
  • an insightful address by Judge Felicity Hampel on the path to wellbeing in the legal profession
  • ethical dilemmas that arise around capacity and conflict for personal injuries solicitors.
7 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$643 Earlybird
$805 Standard
Non-member
$1051 Standard

Earlybird closes 6 October
Registration closes 25 October

Sponsors

Gold sponsor

Medilaw

Silver sponsor

img20170803_PI_Sponsor_AssessGroup_web.jpg

Bronze sponsor

img20170803_PI_Sponsor_RedHealthGroup_web.jpg


Trade exhibitors

Allied Law   AMP Advice   Brisbane Capital   Elston Private Wealth  

Program

8am

Registration

8.30am

Welcome remarks

Presenter:
Christine Smyth, President, Queensland Law Society; Partner, Robbins Watson Solicitors and Accredited Specialist (Succession Law) – Qld

8.40am

Keynote address

With a legal career spanning over 50 years and a former justice of the High Court of Australia, Queensland Law Society is thrilled to welcome the Honourable Ian Callinan AC to deliver our keynote address on personal injuries and public policy.

Presenter:
The Honourable Ian Callinan AC
Chair:
Helen Ashton, Special Counsel, MurphySchmidt Solicitors and Accredited Specialist (Personal Injuries) – Qld

9am

The top five: Case law update

Join Richard Douglas QC for an overview of the five most significant decisions over the past six months. The implications of these decisions on your everyday practice will also be explored.

Presenter:
Richard Douglas QC, Barrister, Queensland Bar
Chair:
Helen Ashton, Special Counsel, MurphySchmidt Solicitors and Accredited Specialist (Personal Injuries) – Qld

9.45am

There but for the…

This practical session will examine recent claims and cases against personal injuries legal practitioners, both plaintiff and defendant, and developments in the area of professional negligence. Our guest presenters will guide you through relevant scenarios to derive key learnings on why claims happen and what you can do to lower your risk profile.

Presenters:
Sophie Vidakovic, Legal Risk Solicitor, Lexon
Allison Langford, Principal – Insurance, McInnes Wilson Lawyers
Chair:
Helen Ashton, Special Counsel, MurphySchmidt Solicitors and Accredited Specialist (Personal Injuries) – Qld

10.45am

Morning tea

11am

Beyond the PAYG employee

Join our expert presenter for a detailed analysis of the factual considerations involved in quantifying economic loss in atypical situations. The following will be addressed:

  • What investigations should be considered when the claimant is a child, self-employed, a foreign worker, a contract worker or employed in atypical industries?
  • In what circumstances is a forensic accountant’s report of assistance?
  • What scenarios should be presented and discussed with the forensic accountant and when is it worthwhile obtaining an independent accountant’s report for the respondent?

Throughout the session you will explore the factual findings in recent case law about these issues.

Presenter:
Kate Avery, Principal Lawyer, Kare Lawyers and Accredited Specialist (Personal Injuries) – Qld
Chair:
Kara Thomson, Councillor, Queensland Law Society; Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) – Qld

11.45am

Neuropsychology: What is it and how can it help?

Neuropsychological assessment provides an evaluation of an individual’s cognitive function, in order to help understand the impact of brain injury or neurological disorder. Fundamentally, this requires the application of a range of standardised psychological tests of cognition, including measures of memory, intellect and executive function.

This presentation will review the following:

  • most popular and psychometrically-sound measures
  • scientific basis of those tests and their interpretation
  • impact of familiarity with the tests themselves and how this may be overcome.

Whilst the purpose of the neuropsychological assessment is to explore the relationship between cognitive function and the known injury (or lack thereof), the psychological component also cannot be overlooked. This includes consideration of the impact of psychological and psychiatric factors, such effort and mood, which also must be measured. Longstanding features of the presentation, such as education, and other types of conditions and how that can also impact on performance will also be reviewed.

This presentation will also briefly consider issues such as decision making capacity, primarily in relation to legal and financial matters.

Presenter:
Debbie Anderson, Clinical Neuropsychologist, Brisbane Neuropsychology Clinic
Chair:
Kara Thomson, Councillor, Queensland Law Society; Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) – Qld

12.30pm

Lunch

1.15pm

Stream 1A: Essentials

The litigator’s toolkit: A refresher for personal injuries solicitors

Trials are expensive. When the parties have exhausted settlement options, the trial is the ultimate test for your client’s case. Judges expect trials to be run efficiently and in a cost-effective way. Thorough preparation, organisation and cooperation are key factors. In this practical session, you will examine a number of the tools a litigator can use in order to prepare and present a trial in an efficient cost-effective way. The session will cover:

  • trial plans
  • trial books
  • expert evidence
  • offers and cost consequences
  • managing witnesses.
Presenter:
Gerry Mullins, Barrister, Queensland Bar
Chair:
Kara Thomson, Councillor, Queensland Law Society; Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) – Qld

Stream 1B: Masterclass

Assessing damages where there is a pre-existing condition

The assessment of damages is often complicated by the confusing interaction between the principles espoused in Watts v Rake (1960) 108 CLR 158 and Purkess v Crittenden (1965) 114 LCR 164 when juxtaposed against those espoused in Malec v JC Hutton (1990) 169 CLR 638. This session will explore whether the recent Queensland case of McQuitty v Midgley [2016] QSC 36 has effectively clarified this area of law, with the ultimate goal of providing practitioners with an effective guide to assessing claims where a claimant has a pre-existing condition.

Presenter:
Steven Herd, Partner, MurphySchmidt Solicitors and Accredited Specialist (Personal Injuries) – Qld
Chair:
Stephen Hughes, Principal – Workplace Relations, Macpherson Kelley and Accredited Specialist (Personal Injuries) – Qld

2pm

Stream 2A: Essentials

Care claims across the different regimes

The claimant’s entitlement to make a claim for care in personal injury claims in Queensland differs greatly across the multiple regimes. This practical session will examine the different legislative entitlements to claiming damages for care in personal injury claims made pursuant to the Workers Compensation and Rehabilitation Act 2003, the Personal Injuries Proceedings Act 2002 and the Motor Accident Insurance Act 1994. It will also include a discussion of the associated evidential requirements in relation to care claims under the above regimes and provide a brief discussion of recent case law.

Presenter:
Yvette McLaughlin, Partner, Sparke Helmore Lawyers and Accredited Specialist (Personal Injuries) – Qld
Chair:
Kara Thomson, Councillor, Queensland Law Society; Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist (Personal Injuries) – Qld

Stream 2B: Masterclass

Labour hire: Principles for determining liability

The recent decision of Love v North Goonyella Coal Mines Pty Ltd [2017] QSC 140, which follows an earlier decision of Kerle v BMA Alliance Coal Operations Pty Ltd 7 Ors [2016] QCS 304, considered workplace injuries in the mining sector, and in particular, liability in labour hire situations. This practical session will explore the principles for determining liability in a labour hire situation in light of these recent decisions.

Presenter:
Damien Van Brunschot, Partner, Kaden Boriss Legal
Chair:
Stephen Hughes, Principal – Workplace Relations, Macpherson Kelley and Accredited Specialist (Personal Injuries) – Qld

2.45pm

Afternoon tea

3pm

A path to wellbeing in the legal profession

Queensland Law Society is delighted to welcome Judge Felicity Hampel to deliver an insightful session on wellbeing in the legal profession. Her Honour will address:

  • mental health trends in the legal profession
  • tips on looking after yourself
  • how to achieve a personally rewarding career
  • mental health concerns specific to personal injuries solicitors
  • personal experiences.
Presenter:
Judge Felicity Hampel, County Court of Victoria
Chair:
Stephen Hughes, Principal – Workplace Relations, Macpherson Kelley and Accredited Specialist (Personal Injuries) – Qld

4pm

Lost in the Forrest: Conflict and capacity in personal injuries litigation

“Run Forrest, run!”

We all know Forrest Gump could follow instructions, but could he give them - and if you were his solicitor, what would you do if he couldn’t? The loss of capacity is an issue for both plaintiff and defendant, and raises ethical dilemmas on both sides of the fence.

In addition, as the legal profession in Queensland becomes more fluid, with solicitors changing firms more often or working for more than one firm at a time, it has become imperative that conflict is detected and dealt with as soon as possible.

This session will cover the ethical dilemmas that arise around capacity and conflict for both plaintiff and defendant solicitors, and unlike a box of chocolates you know exactly what you will get: practical solutions and ethical guidance.

Presenter:
Shane Budden, Ethics Solicitor, Queensland Law Society
Chair:
Stephen Hughes, Principal – Workplace Relations, Macpherson Kelley and Accredited Specialist (Personal Injuries) – Qld

5pm

Closing remarks

Presenter:
Christine Smyth, President, Queensland Law Society; Partner, Robbins Watson Solicitors and Accredited Specialist (Succession Law) – Qld

5.05pm

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