Affidavits and witness statements masterclass

Thursday 16 June 2011, 8:00am–10:15am
Law Society House, 179 Ann Street
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Seminar DVD (Resource code: 110616D)
$300 non-members
$150 members
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Overview

Professional Skills 2 CPD points

Drafting a deposition? Don’t miss the opportunity for insight and feedback from both civil and criminal counsel on how affidavits or witness statements are assessed, used and attacked in court.

This forum is designed to improve your writing techniques. It will provide learnings on how counsel approaches the strengths and pressure points in these types of documents and how to make your disposition as watertight as possible.

Ensure your hard work and research doesn’t fall apart in court. Book your morning masterclass now.

Course code: 110616

8:00am–8:00am
Welcome
  • Chair: Karen Carmody – Barrister, Queensland Bar
8:00am–9:00am
Affidavits, witness statements and oral evidence in chief (Papers)
  • drafting a clear, logical and persuasive document
  • examples of affidavits that were particularly persuasive
  • proceedings commenced by a statement of claim
  • affidavits in matters concerning professional negligence
  • distinguishing your affidavits from a witness statement
  • drafting considerations beyond admissibility; the persuasive affidavits
  • when witnesses are likely to be called for cross examination
  • issues that have arisen with attaching exhibits and annexures
  • how to avoid an affidavit from reading as a pleading
  • strategic role of admissions and denials in an affidavit
  • errors often seen when responding to another party’s affidavit.
  • Speaker: Kate Greenwood – Barrister, Queensland Bar
  • Speaker: Jeff Bunning – Barrister, Queensland Bar
9:00am–9:15am
Refreshment break
9:15am–10:15am
Proof and fact finding for affidavits without crafting the case (Paper)
  • how hearsay and opinions have become important issues
  • avoiding hearsay exclusions with exceptions and admissions
  • challenging what a witness saw, heard, felt or smelt
  • how hearsay is practically navigated in interlocutory matters
  • how to lay the foundation for a witness’ knowledge or belief
  • recognising submissions or speculation; what to do, and when
  • opinions of personal perception deemed admissible and why
  • issues of indirect speech and objecting to an account of conversation
  • Speaker: Partricia Kirkman-Scroope – Barrister, Queensland Bar
  • Speaker: Mr Guy Sara – Barrister, Queensland Bar
  • Speaker: Rebecca Lyons – Barrister, Queensland Bar

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