Personal injuries conference 2010

Wednesday 28 July 2010, 8:45am–5:00pm
Sebel and Citigate King George Square, Cnr Ann & Roma Streets, Brisbane
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Overview

Practical Legal Ethics Practice Management & Business Skills 6 CPD points

The Annual Queensland Law Society Personal Injuries Conference will address the latest developments, case updates and future directions in personal injuries practice. Featuring a keynote address on WorkCover update, a panel comprising of experienced speakers will focus on the amendments and reforms including damages under the Civil Liability Act 2003, liability changes, cost implications and the interaction with Personal Injuries Proceedings Act 2002. The focus of this year’s conference is the legislative updates and relevant related issues in the practice of personal injuries law.

Course code: 100728

8:00am–8:45am
Registration
8:45am–9:00am
Opening remarks
  • Chair: Peter Eardley – Principal, Eardley Motteram
9:00am–10:20am
Opening plenary – An update on WorkCover
Practice Management & Business Skills

The opening plenary will focus on the recent amendments to the Workers’ Compensation and Rehabilitation Act 2003. The panel will discuss:

  • a historical perspective of WorkCover
  • the background to the discussion paper and the amendments
  • the amendments and reforms – damages under the Civil Liability Act 2003, liability changes, cost implications and the interaction with Personal
    Injuries Proceedings Act 2002.
  • Speaker: Elizabeth Woods – Chief Executive Officer, Q-Comp
  • Speaker: Gerard O'Driscoll – Barrister, Queensland Bar
  • Speaker: Peter Worthy – General Manager - Common Law, WorkCover
  • Speaker: Paul Goldsbrough – Senior Policy Officer, Division of Workplace Health and Safety
  • Speaker: Michael Garbett – Partner, Sciacca's Lawyers
Stream 1A
10:25am–11:25am
Public liability and WorkCover

This presentation will canvass:

  • the scope of cover under public liability policies
  • contractual indemnities
  • apportionment between respondents
  • Ander v Bramber on contractual liability
  • Personal Injuries Proceedings Act 2002 and the Workers’
    Compensation Rehabilitation Act 2003 – interaction of the joinder of the
    respondents
  • Workers’ Compensation and Rehabilitation Act 2003; contractual
    liabilities of the employer – separate causes of action
  • Speaker: Johanna Lucas – Senior Associate, Barry & Nilsson Lawyers
  • Speaker: Damien Van Brunschot – Partner, MVM Lawyers
  • Chair: Darren Moore – Partner, Carew Lawyers and Accredited Specialist – Personal Injuries (Qld)
Stream 1B
10:25am–11:05am
Q-Comp reviews and appeals

The main focus of this session is Q-Comp reviews and appeals in relation
to the following:

  • interpretation issues
  • recent decisions
  • costs in Appeal
  • Speaker: John Dwyer – Barrister, Queensland Bar
11:05am–11:25am
ComCare

This session will consider:

  • an overview of the current legislation
  • a review of the workers’ entitlements
  • a round up of recent decisions
  • Speaker: Brian Briggs – Practice Group Leader, Slater & Gordon Lawyers and Accredited Specialist - Personal Injuries (Qld)
  • Chair: Jessica McClymont – Barrister, Queensland Bar
this session proudly sponsored by
Q-Comp

11:25am–11:45am
Morning tea
Stream 2A
11:45am–12:15pm
Liability for criminal conduct

This presentation will focus on:

  • when will liability attach for the criminal acts of another?
  • in what circumstances can an employer be vicariously liable for the
    criminal actions of their employees?
  • an overview of recent cases
  • Speaker: Travis Schultz – Managing Partner, Schultz Toomey O'Brien Lawyers and Accredited Specialist - Personal Injuries (Qld)
12:15pm–12:45pm
Asbestos matters

Providing a review of the most recent cases, this session will consider:

  • recent legislative changes
  • impediments to bringing a claim before the DDT
  • other avenues of compensation (ie, anti-detriment and trust payments
  • Speaker: Steve Herd – Senior Associate, Murphy Schmidt Lawyers
12:45pm–1:05pm
Victims of crimes

This presentation will canvass the following:

  • an overview of the victims of crime (Victims of Crime Assistance Act
    2009) legislation
  • the entitlement of victims
  • application of legislation – Victims of Crime Assistance Act 2009 or
    Criminal Offence Victims Act 1995
  • Speaker: Jaswant Sandhu – Managing Lawyer, Trilby Misso Lawyers
  • Chair: Ian Brown – Principal, Maurice Blackburn; Vice-President, Queensland Law Society and Accredited Specialist – Personal Injuries
this session proudly sponsored by
Trilby Misso

Stream 2B
11:45am–12:25pm
Psychology v psychiatry explained

This panel explains the division between psychology and psychiatry and
accordingly, the specialty that is most appropriate for various injuries.
Specifically, the panel will address:

  • the difference between psychiatry, psychology and neuropsychology
  • stress, disorders and syndromes and organic injuries
  • getting the most from your expert
  • Speaker: Dr Jan Ewing – Neuropsychologist
  • Speaker: Dr Curtis Gray – Psychiatrist
  • Speaker: Peter Jordan – Psychologist
12:25pm–1:05pm
Chronic pain syndrome v complex regional pain syndrome

Our panel of expert speakers will discuss the common pain conditions,
different approaches to treat pain and also a comparison of genuine pain
as against ‘supratentori al’ pain, including:

  • the difference between physiological pain and psychiatric pain
  • treating physiological pain and psychiatric pain and dealing with the
    supratentorial
  • Speaker: Professor Leigh Atkinson – Neurosurgeon
  • Speaker: Dr Frank New – Psychiatrist
  • Chair: Matthew Holmes – Partner, Murphy Schmidt Solicitors and Accredited Specialist - Personal Injuries (Qld)
this session proudly sponsored by
Leximed

1:05pm–2:00pm
Lunch
1:30pm–1:50pm
Lunchtime session

Have you considered becoming an accredited specialist in personal injuries in 2011? If so, attending this lunchtime session will provide you with valuable information on:

  • the benefits of becoming an accredited specialist in personal injuries law
  • the eligibility criteria and the application process, and
  • the assessment process and course expectations.

You will also have the opportunity to speak with members of the Personal Injuries Law Specialist Accreditation Advisory Committee and newly accredited personal injury specialists about what it is to be an accredited specialist.

Be formally recognised as a specialist in Personal Injuries Law in 2011 – come along to this session and have your questions answered.
Stream 3A
2:00pm–2:30pm
Global assessment of future economic loss, and pain and suffering

This session will consider:

  • a global assessment of economic loss and assessment of damages
    for pain suffering under the Civil Liability Act 2003
  • the effect of recent amendments introduced by the provisions of the
    Civil Liability and Other Legislation Amendment Act 2010
  • Speaker: David Schneidewin – Barrister, Queensland Bar
2:30pm–3:00pm
Peculiar heads of damage in catastrophic injury claims

This presentation will give an overview of peculiar heads of damages in catastrophic injury claims, including:

  • management and administration costs, and
  • other heads of damage which do not ordinarily arise with lesser injuries
  • Speaker: Geoffrey Diehm SC – Barrister, Queensland Bar
3:00pm–3:30pm
Sexual abuse cases

This session canvasses the particular aspects of assessment of quantum in cases involving sexual abuse with special focus on:

  • difficulties in quantifying claims for child victims
  • are aggravated and exemplary damages available in these cases?
  • Speaker: Jo Sorbello – Partner, Murphy Schmidt Lawyers and Accredited Specialist - Personal Injuries (Qld)
  • Chair: Cameron Seymour – Partner, Mullins Lawyers and Accredited Specialist - Personal Injuries (Qld)
this session proudly sponsored by
Mullins Lawyers

Stream 3B
2:00pm–2:20pm
Interstate torts

The presenter will outline the issues to consider when conducting claims relating to interstate torts, including whether each regime is substantive or procedurally based, along with legal and practical implications.

  • Speaker: Michelle James – Principal, Maurice Blackburn Lawyers
2:20pm–2:50pm
Limitation periods/deadlines

With focus on limitations periods under different regimes, this session considers:

  • revisiting the deadlines which apply in the three regimes of the:
    • Motor Accident Insurance Act 1994
    • Workers’ Compensation and Rehabilitation Act 2003
    • Personal Injuries Proceedings Act 2002
  • ways to protect limitation periods and time limits
  • recent amendments to Civil Liability Act 2003
  • Speaker: Ashley Jones – Partner, Norton Rose
2:50pm–3:20pm
Costs

The Motor Accident Insurance Act 1994, Workers’ Compensation and Rehabilitation Act 2003 and Personal Injuries Proceedings Act 2002 specify amounts payable in respect of costs in personal injuries related matters. This presentation considers:

  • the amount of costs applicable under each regime
  • the stage at which these costs become payable
  • the practical implications for practitioners
  • Speaker: Paul Garrett – Hickey & Garrett
3:20pm–3:30pm
Summary – practical risk management for solicitors
Practice Management & Business Skills

Following on from the above presentation on costs, a solicitor from Lexon Insurance will illustrate the issues covered by the speakers with practical examples of common mistakes made when preparing statements, evidence, costs letters etc. This summary will also demonstrate that risk management is an integral part of technical legal work.

  • Speaker: Mitchell Read – Legal Risk Solicitor, Lexon Insurance
  • Chair: Sarah Atkinson – Senior Associate, Maurice Blackburn Lawyers
3:30pm–4:00pm
Afternoon tea
4:00pm–5:00pm
Closing plenary – Ethical issues and timely disclosure
Practical Legal Ethics

This plenary session will focus on what are a party’s ethical obligations when providing or receiving insufficient disclosure. The speakers will use examples to discuss and give guidance as to appropriate actions to take in each of the scenarios discussed, including:

  • what happens when disclosure occurs throughout the course of the matter
    • the deleterious effect of late disclosure on the settlement and costs of personal injury claims
  • dealing with disclosure as an ethical issues
    • is disclosure a ‘positive’ or ‘reactive’ duty or both?
    • how long is too long to wait before disclosing material documents or information?
  • Speaker: The Honourable Justice Glenn Martin – Judge, Supreme Court of Queensland
  • Speaker: Roger Traves SC – Barrister, Queensland Bar
  • Chair: Peter Eardley – Principal, Eardley Motteram
5:00pm–5:30pm
Closing drinks and nibbles

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