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Since 1989 DNA evidence has been relied upon in Australian courts to secure convictions. In subsequent years there has been significant developments in the technology used to obtain DNA, from 9 to 21 loci and STRMix, and the application of DNA including the establishment of a national DNA database. Every step along the way has been the subject of legal challenge with a considerable body of case law being the result.
The future for practitioners is likely to see just as much development with an increasing reliance in prosecutions upon familial searching, the profiling of mitochondrial DNA (mtDNA) and Y-chromosome DNA and forensic DNA phenotyping (FDP). This seminar will discuss these changes and explore future directions.
As solicitors and barristers, it is our duty to assist the members of the judiciary to carry out their judicial function. In carrying out that duty, we are subject to very important obligations imposed by the Civil Procedure Act 2010 and the Federal Court of Australia Act 1976. As the consumers of our advocacy services, who better to hear from on such an important topic than the judges.
This session will be focussed on practical measures that can be taken to avoid annoying the court and to ensure that proceedings run as smoothly and efficiently as possible.
Confidentiality in mediation and the extent to which what is said or done can be used outside the mediation, is an area which continues to raise questions. The seminar will bring practitioners up to date with various aspects of confidentiality in mediations.
In August, the High Court delivered three significant judgments dealing with judicial review. The judgments concern the relationship between appellate review and legal unreasonableness (Minister v SZVFW; and, in the last week, TTY167) and the extent to which an error must be material in order to be “jurisdictional” (Hossain and Shrestha). They are likely to have significant implications for Australian public law, both in theory and in practice.
The Commercial Bar Civil Procedure Section is pleased to present a panel discussion on the vexed issue of making applications to judicial officers to recuse themselves on the grounds of apprehended bias. The panel will review recent decisions in this area and will provide an overview as to how best to (or how best not to) approach such an application.
The Bar and the County Court, working together, have designed a new pilot scheme for pro bono referrals which commenced on 1 October in the County Court’s Commercial and Common Law Divisions.
The protocol provides clear written guidance as to eligibility and the operation of the scheme. Referrals are to occur by Court Order, which will provide clarity as to the scope of requests. The new procedures are aimed at improving the quality of experience for members in providing pro bono legal assistance, in turn improving the outcome for clients and the courts.
A panel of speakers from the County Court and Victorian Bar will discuss the practical operation of the new referral scheme.
When brutality is alleged against police, impartial investigation is essential – to ensure accountability for misconduct, to vindicate the human rights of victims, and to embed a culture of respect for rights within our police force. In March 2018 IBAC found ‘concerning deficiencies’ in the manner in which Victoria Police reviews serious incidents, including those that result in the serious injury or death of members of the public. The IBAC findings raise significant legal and human rights concerns.
In this seminar chaired by Dr Suzanne McNicol QC, our speaker Jason Harkess presents an explanation as to what qualifies as hearsay evidence under the Evidence Act 2008 and considers some more difficult hypothetical examples of hearsay evidence.
The Victorian Bar in conjunction with the Health and Wellbeing Committee present speakers; Bernadette Healy, Re-Vision Group Counselling (The Victorian Bar Counselling service) and Rosa Silvestro, Psychologist and Family Consultant. The session focuses on family therapy as it would apply to potential clients and services available for barristers themselves and their families.
Andrew Tragardh hosts this CPD session which addresses the recovery of monies misappropriated through fraud, and provides preliminary guidance for practitioners in civil fraud trials, with the objective of seeking maximum recovery for clients.
In this seminar, The Honourable Justice Paul Cronin, Her Honour Magistrate Carolene Gwynn and Robin Smith discuss Family law proceedings that are running concurrent to relevant proceedings in other courts.
The Hon. Justice Mordy Bromberg, along with Steven Moore QC, Kate Burke and Brendan Avallone discuss a range of topics in Employment and Industrial Relations Law, including trends in the National Practice Area, sham contracting, the Fair Work Commission award review and the Fair Work Act 2009 (Cth).
Trial CPD In Session with FREE access to the CPD on Legal, Constitutional and Human Rights issues surrounding same sex marriage. This CPD includes discussion of the important decision in The Commonwealth v Australian Capital Territory 92013) 250 CLR 441 by The Honourable Kenneth Hayne AC QC, former Justice, High Court of Australia; dialogue on the state of national law and constitutional law by The Honourable Michael Kirby AC CMG, former Justice, High Court of Australia and a focus on the human rights issues raised both nationally and internationally by Catherine Dixon and Anna Brown.
This seminar discusses how Barristers can effectively communicate with Judges. The seminar is presented by Victorian County Court Judge Chettle. Judge Chettle advises advocates from his own experiences, both as a Judge and Barrister, the steps to take to create and maintain a positive relationship with a judge throughout a case.
Professor Olaf Drummer is Deputy Director (Academic Programs) at Victorian Institute of Forensic Medicine and Professor and Head of the Department of Forensic Medicine at Monash University.
Courts routinely accepted Motherisk’s hair drug test results without challenge as evidence of parental substance abuse until a retired Judge’s independent review exposed mistakes in testing procedures, as the result of a successful appeal against conviction in the Canadian Bloomfield case.
This Q&A Session with Martin Scott QC & Chris Young discusses the Shen Neng ship grounding on the Great Barrier Reef, and how the issues are of broader relevance to running and managing litigation or arbitration involving foreign litigants,foreign witnesses, non-English speaking witnesses, unusual fields of expertise or large claims against insured defendants.
Presented by consultant Jenny Bailey, this session is for barristers who deal with clients who are upset and emotional. The session will help improve the efficiency and effectiveness of your practice, and help you improve your relationship with your clients to improve satisfaction – even if they don’t get the result they were after.
In this Q&A Session on Sex Trials: Tactics and Strategies, Justin Hannebery discusses the increasing number of sexual offences heard before criminal courts, the factors which impact of the chances of conviction in these kinds of matters, the regular challenges facing the prosecutions in sex trials and the best approach the defence can take, including the best methods of cross-examination.
In this Q&A Session, James WS Peters QC discusses key issues and recent developments in the area of Directors’ and Officers’ (D&O) insurance with particular focus on construction and causation, and the recent Oz Minerals and Hird v Chubb decisions.
This seminar is given by Michael Proud. Mr. Proud is an experienced accredited mediator, who specialises in medical malpractice and personal injury matters. Mr. Proud provides practitioners advice on how to best prepare for mediations and different strategies which can be adopted. Mr. Proud recalls past mediations he has mediated to demonstrate how he would resolve different circumstances.
This CPD is a joint seminar conducted by the Victorian Bar together with the Law Institute of Victoria. This CPD identifies some of the most significant recommendations of the eight-year review of the Charter of Human Rights and Responsibilities Act 2006 (Vic). Mr. Brett Young who was the Independent Reviewer of the Charter, discusses the review.
This CPD is a panel session on matters of public examinations. The Panel, chaired by Michael Galvin QC, consists of Tim Luxton Deputy District Registrar, Federal Court Australia, Julian Hetyey, Judicial Registrar of the Commercial Court of the Supreme Court of Victoria, Rupert Burns, Deputy District Registrar of the Federal Court and barrister Dr. Oren Bigos.
In this Q&A Session, Wendy Harris QC discusses the Tabcorp and Tatts litigation including: statutory claims and interpretations; principles of redundancy and illegality; contract construction; the intersection of contract and statute and contractual and statutory rights.
This CPD is a seminar which examines the case Johnston v Endeavour Energy  NSWSC 1117, which concerned the rights of class plaintiffs and insurers in class actions. Helen Tiplady and Jeff Gleeson QC also provide some practical considerations for those advising class plaintiffs and insurers.
This seminar is given by The Honourable Justice Jack Forrest and The Honourable Justice Judd of the Supreme Court of Victoria. The seminar discusses the changes that have been made to the Common Law Division and the Commercial Court in relation to the operation of the Practice Court, particularly regarding the lists and listing arrangements of both courts.
This CPD is a seminar which focusses on some of the recent developments in insurance law. The seminar is presented by barristers Dr. Oren Bigos and Gabi Crafti. Dr. Bigos analysis CGU Insurance Limited v Blakeley  HCA 2. Ms. Crafti examines Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [ 2016] FCAFC 15.
This CPD is a seminar discussing what can be expected in 2016 regarding the common law. The seminar is presented by Victorian Supreme Court Justice Peter Riordan and barristers Jeremy Ruskin QC, Stephen O’Meara QC and Aine Magee S.C. Some of the topics covered by the panel are the Common Law Improvement Program, manual handling regulation cases and pain and suffering damages.