48th Annual Vincents’ Symposium 2010

The Symposium 2010 is to be held on 26-27 March at the Brisbane Convention and Exhibition Centre.

The full program is attached.

Personal Injuries Stream –



10:10am – 11:10am


Evidence v Expert Evidence

The focus of this session is on:

• Independent evidence

• Joint expert reports

• Pre-proceeding steps

• Extension of jurisdiction

• Cases

Speaker: Gerard O’Driscoll, Barrister, Queensland Bar

Chair: Joanne Rennick, Partner, MurphySchimdt Lawyers and Accredited Specialist – Personal Injuries Law (Qld)


11:30am – 12:15pm


Rehabilitation – An Insurer’s Obligation to Provide Rehabilitation Under the Motor Accident

Insurance Act 1994 – Some Recent Case Studies

• Rehabilitation entitlements of a claimant pursuant to the Motor Accident Insurance Act 1994

• Review of recent decisions including Aldridge v Allianz; McKay v Suncorp

• When can an insurer be compelled to re-house a claimant

Speakers: Travis Schultz, Managing Partner, Schultz Toomey O’Brien Lawyers and Accredited Specialist – Personal Injuries Law (Qld)

and Sydney Williams (Jnr), Barrister, Queensland Bar


12:15pm – 1:00pm


Damages – Independent Medical Examinations

The session will be an interactive session, giving both the plaintiff and defendant viewpoints, with opportunity for delegate-discussion throughout the session.

The session will specifically focus on:

• Current case law

• Choosing an appropriate specialist

• To agree or not to agree

• Multiple specialties

• Overlap with expert evidence rules

• Joint examinations

Speakers: Toby Nielsen, Barrister, Queensland Bar (Defendant’s side) and Laura Neil, Principal, Maurice Blackburn Lawyers (Cairns) and Accredited Specialist – Personal

Injuries Law (Qld) (Plaintiff’s side)

Chair: Julie Cameron, Partner, Corrs Chambers Westgarth Lawyers and Accredited Specialist – Personal Injuries Law (Qld)


2:00pm – 2:30pm


Recent Legislative Changes and Case Update on Quantum and Liability

The main focus of this session will be recent legislative changes which impact the personal injuries area of practice. The case updates will

specifically focus on quantum and liability.

Speaker: Steve Herd, Senior Associate, MurphySchmidt and Accredited Specialist – Personal Injuries Law (Qld)


2:30pm – 3:00pm


Breach of Statutory Duty – Foundation for Civil Damages Claims

This session focuses on:

• Queensland Workplace Health and Safety Act founding claims for civil damages

• Analysis of Bourk v Power Serve, and Woolworths v Parry

• Is it strict liability? Can a claim for contributory negligence be possible in partial answer to a claim based on breach of statutory duty?

• Do other components of the Workplace Health and Safety Act have the potential to found civil damages claims in a work injury context?

Speaker: Rod Hodgson, Partner, Maurice Blackburn Lawyers and Accredited Specialist – Personal Injuries Law (Qld)


3:00pm – 3:30pm


Fatal Accidents

With emphasis on claims within the mining industry, this session will focus on:

• Short summary relevant legislation

• Preparation of dependency claims under Workers’ Compensation and Rehabilitation Act 2003 and, where necessary, Personal Injuries Proceedings Act 2002

• Recent developments

Speaker: Brian Harrison, Barrister, Queensland Bar

Chair: David Cormack, Barrister, Queensland Bar

4:00pm – 5:00pm


Medical Malpractice Challenge

Medical malpractice is a serious problem. Approximately 100,000 die from medical errors in US hospitals per year. This number has not improved

in the ten years since the scope of the problem was identified. There is good reason to suspect that things are not radically different in Australia.

• The value of medical malpractice litigation:

o deterrence, does it work?

o closed claim files and anesthesiology

• Methods to curtail the need for medical malpractice litigation:

o near-miss reporting, the analogy to aviation

o apology and the frequency of malpractice claims

• Recent challenges in medical malpractice litigation – the valuation of loss of chance


Stephan Landsman, Robert A Clifford Professor of Tort Law and Social Policy, DePaul University College of Law, Chicago, Illinois

Chair: Bill Bradley, Principal, Bradley & Co and Accredited Specialist – Personal Injuries Law (Qld)

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