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A Closer Look: Bringing Civil Cases to Trial - 3-Part Series

A Closer Look: Bringing Civil Cases to Trial - 3-Part Series

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(CPD Guide: 3 PS, SL) This trio of sessions provide participants with further and more in-depth strategies for bringing civil litigation matters to trial or hearing in the Supreme Court of Tasmania. This follows the session earlier in 2025 delivered by Victor-David Murray, Barrister and Alex Kendall, Barristers, Derwent and Tamar Chambers. This delves deeper into civil litigation and considers the topics of evidence, pleadings, and discovery and inspection.
CPD: 1 point per session (PS, SL)
Format: Livestreamed and In-person (Hobart)
Recorded: With the presenters' consent
Times:
Part 1 - 4-5pm Wednesday 4 March - with Chris Groves, Principal Lawyer, Dobson Mitchell Allport
Part 2 - 1-2pm Friday 6 March - with Tom Cox SC, Barrister, Malthouse Chambers
Part 3 - 4-5pm Wednesday 25 March  - Sarah Sealy, 
Partner, HWLE Lawyers

These sessions will be facilitated by Victor David Murray, Barrister, Derwent & Tamar Chambers, and Alex Kendall, Senior Associate, Phillips Taglieri along with guest presenters who are experts in their area of practise. 

Sessions

Part 1 Wednesday 4 March, 4-5pm - Chris Groves, Principal Lawyer, Dobson Mitchell Allport
Evidence – Collecting, collating, and refining evidence 
Session outline 

This session helps practitioners sharpen their pre filing approach to gathering and assessing evidence, avoid the ethical pitfalls that can derail a case (or career), and respond confidently when confronted with an unexpected imminent limitation date. Expect practical strategies you can use immediately - trial backwards planning, clean witness and document practices, and defensible decision making under time pressure - to protect your client (and yourself) while setting the matter up for success. 

Key takeaways
•    Understand and meet your ethical obligations in relation to evidence pre claim 
•    Manage the “cuts both ways” risk of urgent limitation dates 
•    Protect and preserve evidence for trial

Part 2 Friday 6 March, 1-2pm - Tom Cox SC, Barrister, Malthouse Chambers
Pleadings - Preparing for trial - directions and amendments
Session outline 
This presentation is designed to assist practitioners breach the impasse between a failed mediation and trial.  In addition to a review of the applicable court rules for progressing a matter to trial, the presentation will include practical tips on how to ready a matter for trial through a review of the pleadings, amendments to the pleading, and the preparation of evidence, court books and witnesses.

Key takeaways
•    Appreciating when your matter needs to be ramped up for trial.
•    The benefits of reviewing your matter and its degree of readiness for trial.
•    Some simple tips and skills for converting your matter from a mediation focused event to a trial ready matter.
•    Understanding the benefits that attend being trial focused rather than mediation focused in working your file.

Part 3 Wednesday 25 March, 4-5pm - Sarah Sealy, Partner, HWLE Lawyers
Discovery and Inspection - Managing documentary and real evidence at trial 

Session outline
- This session will aim to provide a practical and technology-focused examination of discovery and the management of documentary evidence in civil litigation, covering the full lifecycle of a document from the outset of a matter through to its use at trial.

- The modern challenges of preservation, electronic discovery collection and review, and the growing role of technology assisted review/ AI tools in managing large document sets will be addressed.
- Particular attention will be given to the obligations that arise when litigation is reasonably anticipated, the importance of forensically sound collection practices, and the ethical responsibilities of practitioners in the technology context (including the consequences of preservation failures and importance of human oversight in AI-assisted review).

- Practical preparation and management of documentary evidence at trial, including the structure and technical requirements of electronic court bundles, the tendering procedure for documentary and real evidence, and the authentication of electronic documents including emails, messaging content, and audio-visual recordings will be covered.
- Some guidance will be given on the management of documents during cross-examination, including the use of courtroom screen technology and compliance with the rule in Browne v Dunn.

About the presenters

Chris Groves, Principal Solicitor, Dobson Mitchell Allport, practises across a wide range of commercial and related disputes, with a focus on company and partnership disputes, insolvency law, building and construction disputes, trust disputes, property disputes and recovery actions. He regularly act for and against insolvency practitioners, developers and property owners, government bodies, large and small builders, shareholders and insurers.

Chris is an accredited building adjudicator under the Security of Payment legislation in Tasmania, New South Wales and Queensland and has adjudicated hundreds of construction payment disputes in this role since 2010. Chris has a reputation for strong commercial judgement and tailored problem solving and regularly appears in many of Tasmania’s courts and tribunals.

Tom Cox KC, Barrister, Malthouse Chambers, has been in practice since 1999. He commenced as a legal practitioner with the firm Wallace Wilkinson & Webster. After a few years overseas Tom returned to the firm of Hunt & Hunt in 2004, before he commenced practice as a barrister at Malthouse Chambers in 2008. Tom took silk in 2024.  He has held various roles and positions from the Chair of the Racing Appeal Board and Nursing Professional Review Tribunal to Deputy Director of the Centre for Legal Studies.  Tom is a long serving member of the Tasmanian Bar and is a past President. His areas of practice are: civil and commercial litigation, including insurance and contracts, personal injuries, workers compensation and workplace health and safety; and coronial and Commissions of Inquiry, and Administrative (disciplinary).

Sarah Sealy is a Partner in HWLE’s Health, Insurance and Workplace Relations teams and Tasmanian Practice Group Head. She has over 17 years’ experience as a civil litigation and employment lawyer, practising across medical negligence, public liability, personal injury, regulatory matters, and employment and industrial disputes.

She advises MDOs, medical practitioners and healthcare organisations on a wide range of matters, including civil and catastrophic injury claims, coronial inquests, disciplinary and regulatory proceedings, statutory investigations, and employment, discrimination and industrial proceedings. Sarah also acts for insurers in public liability, professional indemnity and employment practices liability claims, and in safety prosecutions. She has been consistently recognised in Doyle’s Guide as a leading and recommended lawyer in litigation and dispute resolution from 2020 to 2025.

 About the facilitators

Victor-David Murray, Barrister, Derwent and Tamar Chambers, graduated with a Bachelor of Laws from Queensland University of Technology. In 2019, Victor received a Master of Laws (Succession Law) from the College of Law. Victor has worked in private practice since 2012 and until recently was a legal practice director at Murray Torcetti Lawyers and CCQ Law. Victor also spent several years working with Tasmania Legal Aid as Civil Law Coordinator. Victor is a member of the Society's Council, and the Estate and Succession and Litigation Committees. Victor is a member of the Tasmanian Bar and STEP.

Alex Kendall, Barrister, Derwent & Tamar Chambers, has appeared as counsel in a variety of courts and tribunals, with the majority of his work within the jurisdiction of the Supreme Court of Tasmania. Alex specialises in litigation, and has an interest in the following areas of law: Negligence; Workers compensation; Fatal Accidents Act actions; Motor vehicle accidents; Debt and insurance disputes; Property disputes; Estate disputes; Defamation; Administrative law; and Criminal law. While working for Phillips Taglieri, in 2016 Alex was part of a duty lawyer pilot scheme designed to provide legal representation and advocacy to vulnerable clients in the Magistrates Court of Tasmania. In almost a decade, Alex has become well regard by clients for giving pragmatic and simple advice. With qualifications and experience is STEM, Alex is sought-after as a legal practitioner in matters involving complex scientific, engineering, and technical evidence. Alex currently serves on the Law Society of Tasmania’s Litigation Committee.

Location

in-person (at the Society, 28 Murray Street) and livestreamed.

28 Murray Street, Hobart Tas 7000

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Contact Details

Venue Access: Please note that as the Society's building at 28 Murray Street, Hobart was built in 1876 there is no lift or disability access to the downstairs training area. The Society's building at 56 Charles Street, Launceston was built in 1860 and there is no lift or disability access to the upstairs rooms.

CPD Points: Any CPD points listed are provided as a guide and registrants should satisfy themselves about the nature and quantity of CPD points they can claim for the activity. Please refer to Practice Guideline no.4 HERE for details.

Non-Member Registrations: Conditions apply at the discretion of the Society. The Society will be in touch if you are not eligible to register and a refund will be issued.

Refund/Cancellation: By registering for this event you (as a member or non-member) agree to the terms and conditions under the Society's Refund/Cancellation Policy and Terms and Conditions of Registration.

Important Copyright Notice: Papers and materials supplied in association with any Society event, activity and recording are subject to copyright and are provided for the registrant’s use only. They may not be shared, copied, reproduced, adapted, transmitted, or otherwise distributed, nor may they be modified or reposted to other sites in any manner.

 

Part 1 - 4-5pm Wednesday 4 March 
Part 2 - 1-2pm Friday 6 March 
Part 3 - 4-5pm Wednesday 25 March 

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