EXPERT WITNESS TRAINING PROGRAM - May/June 2021 - SOLD OUT
EXPERT WITNESS TRAINING PROGRAM
May/June 2021 - SOLD OUT
Location: Zoom Lectures + Moots
The aim of this course is for health care practitioners to develop the skills required to provide evidence to the Court as an expert witness.
- Describe the roles and responsibilities of the various members of the legal profession involved in the court process.
- Write an expert medicolegal report that satisfies the requirements of the Court.
- Differentiate between ‘hearsay’, fact and opinion as forms of evidence.
- Plan and prepare to provide oral evidence in the courtroom.
- Integrate the theory provided in the prereading and interactive lectures with the practical delivery of expert evidence via role play (Courtroom Moot).
- Show the ability to describe a technical medical issue to lay people, avoiding the use of medical jargon.
About the Course
Legal Medicine encompasses the interchange between medicine and law and nowhere is this more apparent than when clinicians are invited to provide expert witness testimony. This is provided as either the treating clinician or to provide an independent assessment of a circumstance within the domain of the clinician’s expertise.
Being an expert witness requires providing a report and/or attending a court or tribunal and is often stressful for the clinician concerned. The Australasian College of Legal Medicine (ACLM) runs an Expert Report Writing Course and Expert Witness Training Program to familiarise medical professionals as to what is required within such situations.
ACLM’s Expert Report Writing course is strongly recommended as a precursor to the Expert Witness Training Program for those who have limited experience in writing expert reports.
The Expert Witness Training Program includes didactic lectures to offer advice as to what is expected of the expert by the instructing solicitor, the barrister and the adjudicator (such as the judge). It instructs the clinician how to behave within set situations. There is also provision of didactic / interactive advice from an experienced expert witness.
Each participant is expected to submit a de-identified Court-ready report at few weeks prior to the course. These reports are critically marked to provide advice as to how they can be improved and they serve as a basis to be led and cross-examined in a moot (a mock trial) involving real lawyers in a courtroom environment. This introduces the participants to all facets of expert witness training with the aim of both meeting the expectations of the legal profession while concurrently not ignoring that which is due to the expert by way of compensation and consideration. If you have limited experience with writing expert reports, please attend ACLM’s Expert Report Writing course prior to attending this Expert Witness Training Program.
The Moot Court is based on the case reports/material submitted by each candidate which the ‘expert’ marks and provides to each of the barristers and the judge before the day. The barristers alternate between leading and cross examining.
Before each candidate enters the witness stand they are asked to give an overview of the material facts of the case in which they are appearing as a witness, in order for the audience to understand the nature of the case.
After each moot, the performance of the candidate is openly discussed with all participants invited to comment and a summary given before the start of the next case. The marked copies are returned to the candidates upon completion of the course.
Dr Phoebe-Anne Mainland - Course Facilitator & Expert Witness
Professor Roy Beran - Expert Witness (Lecture only)
Judge Grant Riethmuller
Mr Peter Chadwick QC (Barrister)
Mr Michael Gronow QC (Barrister)
Mr George Kalimnios (Barrister)
Bree Knoester (Solicitor)
This list may be updated closer to the date.
Students who register to attend must be available to attend all three session dates below if required:
SESSION 1 - DIDACTIC LECTURES
Date: Sunday 30 May 2021
Time: 9am - 1.30pm
Location: Online via Zoom Meetings
SESSION 2 - ZOOM MOOTS - IMPORTANT: NOW ALL ZOOM MOOTS ON THIS DATE due to Melbourne lockdown
Date: Saturday 5 June 2021
Time: 9am - 5pm
Location: Online via Zoom Meetings
SESSION 3 - ZOOM MOOTS (not required any more)
Date: Tentative only, TBC - Sunday 6 June 2021
Time: Proposed 9am start (time and duration TBC)
Location: Online via Zoom Meetings
Download the full program below:
- For Live Moots, please plan to arrive at the County Court of Victoria at 8.30am. The Moots will begin at 9am sharp.
- Attendance at the Live Moot is strongly encouraged as the best way to prepare for giving evidence in court. The Zoom Moots are only provided for students who could not attend the Live Moots for specific approved reasons related to COVID-19.
- If you register, you must have availability to attend all three dates listed above, if needed.
- We will not pre-schedule a time for each student’s moot. Please be in attendance for the entire session. You may be called to perform your moot at any time. Learning also occurs from observing fellow students’ moots.
For attendees who are travelling from interstate for the Live Moots, please note:
- We are holding the Live Moots over 1 day only in Melbourne to allow attendees to fly in and out of Melbourne on the same day if you wish to minimise travel risks.
- County Court of Victoria is approximately a 20-30 minute drive from Melbourne Airport (MEL).
- The Wyndham Hotel Melbourne and Mantra on Bourke are conveniently located to the County Court of Victoria.
- Secure Parking available at 460 Lonsdale Street Car Park from $20 per day early bird parking.
The following materials will be sent to students once their registration is confirmed:
- How to Prepare a Report - Prof Roy Beran
- Giving Expert Evidence in Court - Dr Don Buchanan
- Code of Conduct example
- Psychiatrist as Expert Witness (Relevant to psychiatrists only)
Pre-disposing Activity: Submitting a Report/Statement
Please submit no later than Friday 21 May via email to email@example.com:
1. A de-identified medical report/statement
2. An overview of your report using the attached proforma.
Your report will be critically marked by the course facilitator and used in the mock trials so that each participant will have the opportunity to be cross examined in a court-room style scenario.
If you have not previously written a report/statement, you may create one based on your own clinical experience or please consider attending ACLM’s Expert Report Writing course.
AUD $950 ACLM members (inc. GST)
AUD $1,150 Non-members (inc. GST)
RACGP Activity No. 216610 allocated 15 CPD points in the RACGP CPD program for the 2020-22 triennium.
A refund less $150 administration fee will be provided for all cancellations received at least 14 days prior to the course start date.
Any cancellations after this point will be non-refundable. The following will also apply.
By registering, you accept that if you are unable to attend Session 2 - Live Moot due to:
- Travel restrictions, border closures, lockdowns by the government,
- Travel restrictions by your employer, or
- COVID-19 or flu-like symptoms at the time of the event*
- Will send a signed letter to ACLM stating the reason you are unable to attend in person,
- Will attend Session 3 - Zoom Moot instead, and
- Acknowledge that the Zoom Moot will have some limitations compared to the live experience.
* If you are unwell at the time of the event, you can choose whether to attend the Zoom Moot or alternatively receive a full refund.
If an outbreak of COVID-19 occurs in Victoria which significantly affects attendees’ ability to attend the Live Moots at the County Court of Victoria, the Live Moots will most likely be postponed to a later date or may be held entirely online. Any such decision will be communicated to all attendees via email and/or phone as soon as possible if this circumstance arises.
Note regarding Session 3 - Zoom Moots
Session 3 - Zoom Moots is provided for students who are unable to attend the Live Moots due to the above listed reasons only. If any of these circumstances apply to you, you may request to attend the Zoom Moots within 7 days prior to the live moot date. (Approval will be granted no earlier than 7 days prior to live moot date.) To request attendance at the Zoom Moot, you must send a signed letter to ACLM stating the reason you are unable to attend in person.
In preparation for holding the Expert Witness Training Program - Session 2 - Live Moots, ACLM has completed a COVIDSafe Event Checklist as required by the Victorian Government. The venue, County Courts of Victoria operates under the County Services Victoria COVIDSafe Plan. Both documents can be viewed here:
As part of our commitment to making this event COVIDSafe, you must comply with the following directions:
- Do not attend this event if you are unwell. This includes if you are currently or have recently experienced cough, fever, sore throat, fatigue, loss of smell or taste, vomiting, diarrhoea, or shortness of breath.
- Do not attend this event if you have been in close contact with a person who is positive with COVID-19, or if you have been required to self-isolate or quarantine by the government.
- You must maintain at least 1.5m physical distance at all times. To minimise movement at the venue, please must stay within your chosen seat where practical.
- The Victorian Government requires you to carry a face mask with you at all times when you leave the home. You must carry a face mask while in the County Court of Victoria, and it is recommended that you wear the mask when physical distancing of 1.5m cannot be met. https://www.coronavirus.vic.gov.au/face-masks-when-wear-face-mask
- Wash and sanitize your hands frequently and follow hygienic practices when coughing or sneezing.
- Check in at the County Court of Victoria using the QR check in codes provided.
- It is your responsibility to check the latest border, travel and quarantine restrictions of both Victoria and your home state/country to ensure you are safe and able to travel to and from this event. This may include applying for a Victorian travel permit. See these links - https://www.coronavirus.vic.gov.au/travel-restrictions / https://www.coronavirus.vic.gov.au/victorian-travel-permit-system#permit-zones
The following measures are in place at the County Court of Victoria to ensure a COVIDSafe event:
- The Court including the allocated Courtroom and toilet facilities will be thoroughly cleaned after close of business on Friday 4 June. Additional cleaning measures have also been implemented at security screening points including sanitisation of trays.
- The Live Moot will be held on Saturday 5 June. The County Court of Victoria is not open to the public on Saturdays, which will greatly reduce our students' interaction with other people.
- The allocated Courtroom is approximately 140sqm. There will be well over 2sqm per person, although courts are not currently required to adhere to this rule in Victoria.
- Santiser and hand washing facilities are available throughout the venue, as well as rubbish bins.
- Disposable masks and hand sanitiser is available at entry points. You must still bring your own mask.
- Appropriate signage for maximum room capacities, physical distancing and hygiene.
- A response plan for any positive COVID-19 cases.
This course is now sold out. We encourage you to still register below if you would like to join a waiting list in case a place becomes available on the course. Alternatively, register your interest here for future courses/dates.
Due to anticipated high demand for this course, we will not open payment online. To request registration, please fill in the form below. If you have any trouble with submitting the form below, immediately send an email to firstname.lastname@example.org requesting a place. We will then contact you to advise whether a space is available. If it is, you will be sent an invoice. You must pay the invoice to secure your spot. Spaces will be allocated on a first paid, first served basis.
By registering, you confirm that you have read and accept the Course Program, the Cancellation Policy and COVID Safety statement above.