- CPD Points: 1 [PS] [SL]
- Price: $65.00
- Area: Civil Liability and Torts Law; Commercial Law; Legal Skills & Technique
- Delivered: September 2024
Digital Content
- Recording
- Handout and Slides (14 pages)
To purchase login below
Description
Mr Nikolas Willing, Barrister, Old Mercury Chambers, presents into the 2024 Devonport Conference on the different causes of action and when to use (or not use) them, including a discussions of negligence in the context of regulatory decision-making and proper use of the cause of action of breach of statutory duty. This includes, considerations of the Civil Liability Act 2002 and how to properly plead their components in a claim (whether by Statement of Claim, Defence or Reply); principles under ss 38 and 43; Defences under ss 40-42; practical considerations while progressing a civil claim; and useful or recent case law including from interstate noting the shared sections of the Civil Liability Act 2002.
Key takeaways from this session include:
- Plead the underpinning facts of a cause of action or defence.
- Be careful not to overstate statutory defences or principles, otherwise your opponent may take advantage.
- Consider interstate cases (particularly NSW) prior to commencing proceedings or filing a defence.
- CPD Points: 1 [PS] [SL]
- Price: $65.00
- Area: Civil Liability and Torts Law; Commercial Law; Legal Skills & Technique
- Delivered: September 2024
Digital Content
- Recording
- Handout and Slides (14 pages)
To purchase login below
Description
Mr Nikolas Willing, Barrister, Old Mercury Chambers, presents into the 2024 Devonport Conference on the different causes of action and when to use (or not use) them, including a discussions of negligence in the context of regulatory decision-making and proper use of the cause of action of breach of statutory duty. This includes, considerations of the Civil Liability Act 2002 and how to properly plead their components in a claim (whether by Statement of Claim, Defence or Reply); principles under ss 38 and 43; Defences under ss 40-42; practical considerations while progressing a civil claim; and useful or recent case law including from interstate noting the shared sections of the Civil Liability Act 2002.
Key takeaways from this session include:
- Plead the underpinning facts of a cause of action or defence.
- Be careful not to overstate statutory defences or principles, otherwise your opponent may take advantage.
- Consider interstate cases (particularly NSW) prior to commencing proceedings or filing a defence.
Nikolas Willing, Barrister, Old Mercury Chambers
About the Presenter:
Mr Nikolas Willing has practised predominantly at national law firms in a broad range of litigated commercial and insurance disputes. He has expertise in common law or statutory matters involving local governments or other statutory authorities, building & construction disputes, property litigation and professional indemnity claims. He welcomes briefs in personal injury cases. Although a full-time resident of Tasmania, Nikolas has experience in Courts and Tribunals in Victoria, New South Wales and Queensland. He has also appeared in the Federal Court and Federal Circuit and Family Court of Australia. Prior to practising law Nikolas was Associate to Master (now Justice) David Mossop in the Supreme Court of the Australian Capital Territory. He holds a Juris Doctor from the Australian National University and a Bachelor of Science from Burman University (Canada).
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About the Presenter:
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About the Presenter:
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About the Presenter: