Civil Litigation
This is Piddington’s online CPD library with specialist sessions on civil litigation.
If you are looking for other online CPD sessions click the following:
Please note:
Some sessions were recorded before the current CPD year. In accordance with Legal Profession Uniform Law Application Act (2022), Legal Profession Uniform Continuing Professional Development (Solicitors) Rules (2015) and Legal Profession Uniform Continuing Professional Development (Barristers) Rules (2015), the sessions and questions are regularly reviewed for relevance, and changed or deleted where appropriate.
Unless otherwise marked, all of our sessions are considered “interactive”.
Getting to yes
Negotiations and mediations can require lawyers to explain why, when and how an offer can benefit clients to avoid protract actions.
In this session, mediators and lawyers will discuss engaging parties early to resolve disputes in shorter timeframes. Consideration is paid to mediation and negotiation processes, unwilling personalities and approaches like best alternatives.
Registrar Jacquie Kubacz (District Court of Western Australia), who won Mediator of the Year at the 2024 Australian Alternative Dispute Resolution Awards, is in discussion with Toby Barrie (Barry Nilson).
CPD points: 1 CA2 (Professional Skills).
Recorded between 1 April 2025 and 31 March 2025.
Evidence Issues in Civil Litigation
The Hon Justice Darren Jackson and barrister Pip Honey consider the rules of evidence in civil matters.
They consider issues of admissibility, hearsay, handling objections and conferral, as well as speaking to the uniform evidence rules.
CPD points:0.5 in CA2 (Professional Skills), 1 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Ethics in insurance law
In this session with their Honours Judge John Staude and Judge Hayley Cormann (both District Court of Western Australia), they will speak to current ethical issues in this practice area. They will be considering issues observed from the bench as well as the rules. Topics include client expectations, practitioner conduct, and professional engagement. They are joined in conversation with Daniel Brand.
CPD allocation: 1 points in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2024 and 31 March 2025.
To appoint or not to appoint – When should you consider the appointment of referees and assessors?
In this session, the Hon Justice Jenni Hill considers the appointment of assessors and referees in construction matters.
Her Honour notes that the WA Supreme Court has not embraced the use of referees and has, to my knowledge, appointed an assessor on only one occasion. This is in contrast to the practice in most other superior courts where, particularly in the commercial list of the Supreme Court of New South Wales, referees are appointed on a regular basis, including to hear what is, in effect, the entire dispute.
Her Honour considers the history of referees, legislation and case law, the difference between referees and assessors and what to consider when seeking to appoint one, amongst other issues.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Wee the People: Vicarious liability today
Kate and Tom Offer consider the developments in vicarious liability in recent years.
Focusing on a series of High Court and appellate decisions, including Prince Alfred College Incorporated v ADC [2016] HCA 37, CCIG Investments Pty Ltd v Schokman [2023] HCA 21 and Bird v DP (a pseudonym) [2024] HCA 41 (though this session was before the decision was handed down).
They consider the history of vicarious liability and where the current issues are.
CPD points: 0.5 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Briefing Counsel
Whether you brief counsel regularly or infrequently, it can be a daunting undertaking.
While all barristers have different requirements for their briefs, this session will look at how your briefs should consider case theory, how to frame that and how this supports the efficient resolution of a dispute.
The speakers have different practice areas to share their advice, insight and tips for getting this right. The speakers are Craig Astill, Hayley Cormann and Rachel Oakeley. This session was recorded prior to the appointments of Judge Astill and Judge Cormann.
CPD points: 0.5 in CA1 (Practice Management) and 0.5 in CA2 (Professional Skills).
Recorded between 1 April 2022 and 31 March 2023.
Small to Medium Construction Adjudications: SAT or District Court, Where Should I Start?
Small to medium sized construction disputes are tricky matters to resolve cost-effectively. This session is led by Clinton Russell (Francis Burt Chambers), he is joined by Tania Jeyamohan (then District Court of Western Australia) and Scott Ellis (Francis Burt Chambers).
This session will consider construction adjudications under the Building and Construction (Security of Payment) Act 2021 (WA), both adjudication and adjudication review processes.
The speakers will also consider enforcement of determinations and applications pursuant to s27 of the Act where either no response is received to a payment claim or a payment schedule provides for a payment, and the jurisdiction and processes for claims at the District Court of Western Australia and State Administrative Tribunal.
CPD points: 1.5 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
The Hon Rene Le Miere KC: What Judges Want
Now off the bench, the Hon Rene Le Miere KC reflects on an almost two-decade judicial career.
Mr Le Miere shares insights on preparation, advocacy and ethics in how to be a better lawyer, support your clients and achieve resolutions.
CPD allocation: 0.5 points in CA2 (Professional Skills) and 0.5 points in CA3 (Ethics and Professional Responsibility)
Recorded between 1 April 2022 and 31 March 2023.
Out of Office: Craig Sanderson
Craig Sanderson served as a Master of the Supreme Court of Western Australia from 1996 until his retirement in June 2023. Across the course of his service, he became a prominent and revered judicial officer across a very wide range of matters.
In this session, free from the constraints of judicial office, Mr Sanderson, as he now is, will share his reflections on his time, including considering the role of Master, developments in law and practice generally. He provides remarks and takes questions from attendees, led by Amy Pascoe.
Kate McDonald, then the Acting Master, provides closing remarks.
CPD points: 0.5 in CA2 (Professional Skills) and 0.5 in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2023 and 31 March 2024.
Snapchat, disappearing and encrypted message platforms as evidence
The Hon Justice Sam Vandongen (Court of Appeal) and Elly Sturgeon (Corrs Chambers Westgarth) work through issues relating to disappearing message platforms.
Ms Sturgeon provides an overview of the technology and general terms and conditions of platforms. Justice Vandongen outlines the law relating to the technology and how it can be used as evidence.
CPD allocation: 0.5 points in CA4 (Substantive Law)
Recorded between 1 April 2022 and 31 March 2023.
Bullying and sexual harassment jurisdiction of the WA Industrial Relations Commission
Commissioner Toni Emmanuel and Nikita Barsby (MDC Legal) go through developments and changes in the law relating to sexual harassment and bullying generally. They clarify the role of the WAIRC and when to engage in proceedings.
CPD allocation: 0.5 points in CA1 (Practice Management) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
The In’s and Out’s of Expert Evidence
Registrar Tania Jeyamohan (District Court of Western Australia) works through assessing, applying and examining expert evidence. She considers the purpose of the intended expert evidence, role and duties of the expert, strategy around involving an expert as well as issues of privilege & confidentiality.
CPD allocation: 0.5 CPD points in CA2 (Professional Skills).
Recorded between 1 April 2022 and 31 March 2023.
A VIEW FROM THE BENCH - CHIEF JUSTICE OF THE FEDERAL COURT, THE HON JUSTICE JAMES ALLSOP AO
Chief Justice Allsop explores the role of the Federal Court of Australia in the Australian court system, and offer reflections on the past and point to the future of the Court. The Chief Justice will offer remarks and engage in a Q&A with the audience on topics of interest to them.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
THE BOYLES - 50 YEARS IN LAW
Shortly following their retirement as Registrars of the Supreme Court of Western Australia for 25 and 20 years, respectively, Sandra and Christopher Boyle reflect on what they have learned across five decades in law, what makes a good lawyer, what makes a good mediator and what they see developing in practice.
CPD points: 1 point in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2020 and 31 March 2021.
THE ROLE OF THE MASTER
Master Craig Sanderson (Supreme Court of Western Australia) provides an overview of the functions and remit of the Master of the Supreme Court and how practitioners can better use and engage with this are of the Court.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
ETHICS AND ADVOCACY WITH THE HON JUSTICE KATRINA BANKS-SMITH
Join Justice Banks-Smith (Federal Court of Australia) in conversation about ethical issues that arise in advocacy, generally and for new practitioners, and how to prepare your case.
CPD points: 0.5 points in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2019 and 31 March 2020.
Reading Financial Documents - Issues for Litigation
In litigation, financial documents take on a new dimension with consideration to case theory, strategy and whether litigation will meet client goals all coming into play.
That is why we have our next financial documents CPD session focused on litigation. Kim Lendich SC (Francis Burt Chambers) will cover how to approach and consider financial documents in litigation and the courtroom while Rhiannon Clews (Pitcher Partners) will consider analysing structures, statements, financial information and preparation of financial reports.
CPD points: 0.5 in CA2 (Professional Skills) and 0.5 in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
AFFIDAVIT MOORDITJ MIA
Explore the fundamentals of affidavits across two sessions.
In session one, join the Hon Justice Kenneth Martin and Matthew Howard SC as they walk through some expectations from judicial officers, ethical issues and preparation standards.
CPD points: 0.5 points in CA2 (Professional Skills), 0.5 points in CA3 (Ethics and Professional Responsibility).
Recorded between 1 April 2021 and 31 March 2022.
In session two, join Samantha Nadilo (Fourth Floor Chambers) and Mintie Tantiprasut (Lemonis/Tantiprasut Lawyers) for a practical walkthrough on how they prepare affidavits, client management and issues to be mindful of.
CPD points: 0.5 points in CA2 (Professional Skills), 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
WITNESS OUTLINES WITH THE HON JUSTICE KENNETH MARTIN AND KIM LENDICH
Recorded at a workshop, Martin J and Lendich explain what is required in witness outlines from the perspective of the court and counsel, giving targeted practical tips for practitioners.
CPD points: 1 point in CA2 (Professional Skills).
Recorded between 1 April 2020 and 31 March 2021.
NEGOTIATION IN A MEDIATION ENVIRONMENT WITH HIS HONOUR JUDGE MICHAEL GETHING
Gething DCJ considers negotiations and mediations in a humorous and insightful presentation.
CPD points: 1 point in CA2 (Professional Skills).
Recorded between 1 April 2020 and 31 March 2021.
WITNESS OUTLINES WITH THE HON JUSTICE JOHN VAUGHAN
Vaughan JA explains witness outlines with regard to the Supreme Court of Western Australia’s Practice Directions.
CPD points: 1 point in CA2 (Professional Skills).
Recorded between 1 April 2020 and 31 March 2021.
CONFERRAL WITH PHILIPPA HONEY AND CLINTON RUSSELL
Philippa Honey and Clinton Russell outline processes for conferral.
CPD points: 0.5 points in CA2 (Professional Skills).
Recorded between 1 April 2020 and 31 March 2021.
PRACTITIONER CONDUCT IN HEARINGS WITH HEATHER MILLAR
Barrister Heather Millar gives advice and provides clear examples of how to be a better advocate.
CPD points: 0.5 points in CA2 (Professional Skills).
Recorded between 1 April 2018 and 31 March 2019.
POST-EMPLOYMENT RESTRAINTS WITH THE HON JUSTICE LE MIERE
The Hon Justice Rene Le Miere considers contemporary decisions on post-employment activities.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.