Introduction
Welcome to the Law of Torts residential school. Wondering how you will ever be effective at problem solving? Trying to piece together all these cases and how they relate to your exam? Then consider coming along to residential school! Residential school is an invaluable time to help you practice exam skills and to make the connection between content and application.
We have practical assessment preparation sessions, a targeted exam strategy session and an opportunity to develop your advocacy and presentation skills. These are vital for legal practice.
There will also be plenty of time to get to know and learn from each other building those vital networks of friends and future colleagues.
I have also invited two terrific guest speakers from the profession, to give you context of what this fascinating area of law looks like in legal practice. You can ask questions of them in a live Q and A session.
Make sure you have a look at the subject site under the Residential School folder for materials and recordings. I have divided the sessions into synchronous and asynchronous – there is some pre-work you can carry out ahead of time to best prepare.
Kind Regards,
Kim Bailey
Lecturer
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Kim BaileyCourse Coordinator |
Workshop Program
Please refer to the attached timetable for detailed information regarding session times, topics, format etc. If applicable, the link for connecting remotely to identified sessions can be found below (‘Attending remotely’).
Guest Speakers & Sessions
| Life at the Common Law Bar | ||
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Matthew Vesper, barrister |
Matthew Vesper was called to the bar in 1996 and has practiced since primarily in the areas of insurance, personal injury, commercial and administrative law. He also has a large inquiries practice, and has appeared in numerous inquiries as counsel assisting. Areas of Practice:
In 1999, Matthew was commissioned into the Royal Australian Navy Reserve as a Legal Officer and is regularly retained by the ADF to conduct quasi-judicial inquiries and appear in Courts Martial |
| Subject Co-ordinator / Lecturer | ||
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Kim Bailey |
Kim Bailey is a lawyer with a speciality in common law. Prior to her academic career, Kim gained extensive experience working in large insurance litigation practices. She has represented and advised corporations in a wide variety of litigation, including High Court proceedings, coronial inquests, defamation, false imprisonment and class actions. Her practice ranged across multiple jurisdictions. Kim is admitted to practice in the New South Wales Supreme Court, The Federal Court of Australia and the High Court of Australia. In legal practice, Kim has authored a number of papers for clients on key areas of legal development, advising insurers on the implications of legal change. She has assisted clients in devising resolution and litigation strategies in a variety of civil litigation matters and in considering the implications of the Civil Liability Act 2002 (NSW). Kim holds a Bachelor of Arts and Bachelor of Laws from Macquarie University. She was awarded Honours Second Class in Law (1997) and the Australian Securities Commission Prize for dux of Corporations Law (1997). She was also awarded the Preliminary Certificate of Theology with First Class Honours from Moore Theological College Sydney (2012). Kim has written a number of subjects for CSU’s LLB degree, and has been involved in developing Indigenous Cultural Competency throughout the degree. She acts as part of the leadership team responsible for oversight and development of the LLB programme. Kim teaches Law of Torts, Company Law and Professional Legal Conduct. |
| Negligence and the Court of Appeal | ||
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Kristi McCusker |
Kristi McCusker is the principal of KMC Legal in Bathurst NSW. She was admitted as a legal practitioner in NSW in 2001. She was admitted as a legal practitioner in the High Court of Australia in 2002. She has practised for over 15 years predominantly acting for clients in the areas of workers compensation, motor accidents, public liability, and medical negligence. Her experience in the workers compensation area has resulted in a detailed knowledge of the workers compensation schemes from the 1926 Act to the current regime. She is an Accredited Specialist in Personal Injury Law having completed the requirements for Specialist Accreditation with the Law Society of NSW in 2014. Kristi is a graduate of Southern Cross University, Lismore, having completed her Bachelor of Legal and Justice Studies, majoring in Criminal Justice Studies and Bachelor of Laws (LLB). She was the President of the Central West Regional Law Society from 2013 to 2015. Kristi is a current member of the Injury Compensation Committee of the Law Society of NSW whose function is to consult with the NSW Government concerning proposed changes to personal injury legislation in NSW. She is also the Law Society of NSW representative for the Workers Compensation Commission User Group for 2018. |
Preparation (readings, links, activities)
The following tasks are recommended prior to the indicated day:
To get the most out of the work we will be undertaking in problem solving, it would be good to read ahead. If you can cover:
- Topic 7’s prescribed material on causation and remoteness of damage Causation and Remoteness of Damage in Negligence” inTorts Law Principles (Thomson Reuters, 2nd Ed, 2017) 405-450
- Carolyn Sappideen, Prue Vines and Penelope Watson, “Concurrent Liability” in Torts: Commentary and Materials ( Thomson Reuters, 12th ed, 2016) 631-634, 673-683.
- The defence of contributory negligence Bernadette Richards and Melissa de Zwart, “Defences to Negligence” inTorts Law Principles (Thomson Reuters, 2nd Ed, 2017) 456-474.
If you cannot get through all of this, no problem. We will work through together.