Think Foley's: Recent Episodes
Foley's List
Foley's List presents the 'Think Foley's' podcast dedicated to providing informative and convenient on-the-go Continuing Professional Development (CPD) listening for legal professionals.
In this episode of Daze in Court, Foley's List barrister Rohan Hoult is joined by Kim Southey to discuss the evolving role of mediation in family law.
Together they explore practical strategies for preparing effective mediations, recent family law decisions on trusts, litigation funding and expert evidence, and reflect on current developments shaping practice.
In this episode of Daze in Court, Foley's barristers Rohan Hoult and Oliver Cain examine the role of expert evidence in family law parenting proceedings. They discuss the practical challenges of single expert reports, the influence they can have on litigation outcomes, the difficulties in testing expert opinions, and the balance between cost, fairness and the best interests of children. The conversation also explores advocacy in family law, courtroom practice, and the evolving nature of expert evidence in parenting disputes.
In this episode of Think Resolution, Foley's List barrister David Kim is joined by Chuan Wee Meng, CEO of the Singapore International Mediation Centre (SIMC). They discuss timely and grounded insights in resolving international commercial disputes. He speaks to the influence of cultural differences, the particular mindset mediation demands, and how practitioners, governments, judiciaries and resolution institutions can work together to build a thriving global ADR ecosystem. They also explore SIMC's AI tool MAIA (Mediation AI Assistant) and what the future of AI in mediation might look like.
In this episode of Daze in Court, Foley's List barrister Rohan Hoult is joined by Cath Devine, Damien Dao and Madeleine Lynch to discuss recent family law cases, child support, mentoring and the experience of starting life at the Bar.
Cath Devine shares practical insights into child support, including binding child support agreements, school fees, mortgage payments and non-periodic/non-agency payments. The episode also touches on new readers at the Bar, mentoring, community service and wellbeing in practice.
Hosted by Foley's barrister David Kim, this series brings together leading minds in the field of alternative dispute resolution (ADR) to share their experiences and knowledge with us on all things ADR, including mediation and arbitration. In this debut episode, Jack shares his journey to becoming a leading figure in Sports Law and sports arbitration, along with his insights into dispute resolution in the sporting world.
In this episode, Foley's barristers Glen Pauline and Duncan Willis discuss the cases of Leon Cycle Pty Ltd v Hi5 Scooters Pty Ltd and LCA Traralgon v Ashlee Johnson.
They look at how these two cases played out, and lessons learned for those drafting franchising agreements and involved in franchising disputes.
In this episode, Foley's List barristers Rohan Hoult and Amy Yu alongside Daniel Myers, Partner at Schetzer Papaleo Lawyers explore the challenges of dealing with stress and anxiety in legal practice. They discuss practical strategies for managing pressure and maintaining wellbeing in a demanding profession.
This episode is a recording of the online CPD from 19 March 2026, presented by Foley's barristers Neill Hutton SC, Paul Kounnas and Alice Cooney.
This practical session is designed to equip Solicitors with valuable insight into identifying applications that may arise before and during criminal trials, preparing for, and anticipating, such applications, and recognising when to seek assistance and how best to do so.
In thisepisode, Foley's List barristers Rohan Hoult and Bronia Tulloch alongside Annette Lakey, Founder of Lakey Family Law, explore the key documents that shape interim property hearings, including financial statements and the use of tender bundles.
The episode unpacks how these materials are prepared and strategically deployed to support effective advocacy at the interim stage.
In this session, Foley's barristers Paul Holdenson KC and Jack O'Connor summarises the learnings from some recent decision of the Court of Appeal, taking an indepth look at duties imposed upon the prosecution, appeals against conviction following a plea of guilty, geolocation evidence relating to an accused's electronic devices, and the effect of media reporting during a criminal trial.
In this session, Foley's barristers Peter Matthews SC, Simon Thomas, Olivia Kefford and Lauren Gurry examine the ethical and professional risks arising from the use of artificial intelligence in legal practice.
It explores practitioners' duties under the Conduct Rules, the consequences of misuse, emerging regulatory guidance, and whether there may soon be an ethical imperative not just to supervise AI, but to engage with it effectively.
This is a recording of session 3 of the 2026 foley's February criminal law series.
In this session, Foley's barristers Philip Dunn KC, Michael McGrath, Candice Jackson and Tom Smedley examine modern committal practice and the role of s198B hearings in serious criminal matters. They provide practical guidance on how to use these procedures to assess the prosecution case, narrow issues and inform trial strategy.
This is a recording of session 2 of the 2026 foley's February criminal law series.
In this session, Foley's barristers Peter Chadwick KC, Hayden Rattray, Nicole Menegas and Rory Hudson and Senior Forensic Engineer Tia Gaffney provide an overview of managing expert evidence in serious motor vehicle collision cases.
They explore common pitfalls, strategic considerations and practical approaches to ensuring expert material assists rather than derails your case.
This is a recording of session 1 of the 2026 Foley's February Criminal Law series.
In this session, Foley's barristers Michael Stanton SC, Heather Anderson, Vincent Vuu and Christina Gómez Vázquez examine character evidence in criminal trials under the Uniform Evidence Acts.
They explore its legal foundation, forensic risks and evidentiary limits, drawing on leading cases and practical guidance to assist practitioners in managing character evidence effectively and responsibly.
Michael Stanton SC has a broad practice in public and criminal law, with a focus on appellate work and inquiries. He has appeared in the High Court, in conviction and sentence appeals before the Court of Appeal, and in Royal Commissions and inquests.
Heather Anderson has extensive experience in criminal law in Victoria, and Western Australia. Heather holds a current Indictable Crime Certificate and is on Victoria Legal Aid's Preferred Barrister List. She is experienced in all types of matters including family violence, sexual offences, assaults and fraud.
Vincent Vuu accepts briefs to advise and appear in criminal and quasi-criminal matters. He is regularly briefed to appear in contested hearings, committals, bail applications and pleas in all Victorian criminal courts.
Christina Gómez Vázquez accepts briefs in all criminal matters, including quasi-criminal, administrative, regulatory and disciplinary matters, coronial inquests, investigative matters, and appeals, across all metropolitan and regional courts.
In thisepisode, Foley's List barristers Rohan Hoult and Sarah Fisken SC discuss the process of applying for Senior Counsel and share insights into what the journey to silk involves.
Later, Radu Catrina, Partner at Berry Family Law, shares recent authorities as they explore the key considerations and reasons underpinning applications for a change of residence.
In this episode, Julie Condon KC, Erik Dober, Leigh Crosbie and Edwina Dane discuss the current framework for committal proceedings, outline the background to the new amendments, examine the key changes, and offer practical insights on the issues practitioners can expect to encounter going forward.
Presentation slides and annotated changes notes are available on Foley's List website. https://foleys.com.au/resources/gone-gone-committals-are-gone
In this episode, List member Dr Jason Harkess, alongside Bill Doogue, Perry Q Wood, and Kristina Kothrakis, discuss how practitioners are navigating the rise of AI, acknowledging it as a helpful tool when used responsibly and with proper verification.
In this episode, Foley's List barristers Rohan Hoult, Laura Colla and Cassandra Soliman from OurFamilyWizard discuss the key features and functions of the co-parenting app and how it supports separated families.
They're joined by guests Tim Gough, Daniel Myers and Danie Mellas, who reflect on their highlights of the year and share some notable High Court cases.
In this episode, Foley's barrister Paul Holdenson KC, Ruth Champion and Director of Public Prosecutions Raelene Sharp KC explore the fundamentals of the law of conspiracy, examining how agreements between parties to commit an unlawful act are treated under criminal law.
They break down key legal principles, case examples, and practical considerations for practitioners navigating this complex area.
In this episode, Foley's List barrister Laura Colla is joined by Judy Small AM, former Judge of the Federal Circuit Court of Australia, and John Spender, partner of Kennedy Partners, to debate the roles and responsibilities of clients, solicitors, barristers and the Judiciary in Family Court Hearings, each sharing their unique perspectives, experiences and expectations to ensure that matters are conducted effectively and efficiently.
A complimentary paper is available on foley's website www.foleys.com.au.
In this episode, the discussion explores what it means to move from the Bar into judicial leadership and how roles on the bench have evolved through periods of challenge and transformation. The conversation goes beyond positions and titles.
It examines identity, impact, and what it means to serve the legal profession at its highest levels with purpose, reflection, and courage.
In this episode, the focus is on women who have transitioned into a career as barristers. It explores their experiences, the challenges they have encountered, and the rewarding moments that come with life at the Bar.
In this episode, Foley's List barrister Rohan Hoult and Lee Formica, Partner at Lander & Rogers, reminisce about the early days, sharing personal stories and experiences from that time.
Later, Dr Aaron Lane outlines three key reasons people buy cryptocurrency and explains how digital transactions can sometimes be easier to trace than traditional bank transfers.
A Legal Lifecycle: Conversations Accross a Career
In this episode, we step beyond the traditional boundaries of legal practice. From government and in-house roles to entrepreneurship and academia. We talk to women who are redefining what it means to work within and adjacent to the legal profession.
A Legal Lifecycle: Conversations Accross a Career
This episode focuses on the private practice environment and reflections on what it means to build and sustain a long-term career in that setting.
The episode explores a range of topics from culture and client work to leadership, mentorship, shifting goals and the evolving realities of the professional landscape in private practice.
In this episode, Foley's barrister Philip Barton examines caveats under the Transfer of Land Act, contracts of sale, and related issues.
He discusses recent matters covering the power to lodge and effect of a caveat to the Transfer of Land Act 1958, caveat removal, tests for removal under section 90, the position of a nominee purchaser and more.
In this Daze in Court episode, Foley's List barristers Rohan Hoult and Harriet Geddes unpack how the new amendments to family violence laws are reshaping intervention order matters, with risk assessments now central to the process.
They discuss the importance of identifying the allegations, understanding the risks alleged, and the critical coordination needed between the Family Court and the Magistrates’ Court.
In this Daze in Court episode, Foley's List barristers Rohan Hoult, Amy Yu, and Partner Tim Gough from Kennedy Partners explore the growing reliance on the “Bank of Mum and Dad” in today’s property market.
They cover resulting trusts, loan agreements, and the presumption of advancement, highlighting what practitioners need to know when advising clients.
In this Daze in Court episode, Foley's List barristers Rohan Hoult, Eliza Tiernan, and Alex Metherell tackle the complexities of add-backs in family law matters, examining their impact on practitioners and the property pool.
They also provide essential guidance on the rules of appeal and court etiquette to help legal professionals navigate the judicial system.
Reflections and commentary on the Dynamic Therapeutic Inclusive Intervention Conference program: A must-know about modern option for every family lawyer guiding clients through the maze of assessment and intervention options.
In this episode, Foley's List Barrister Laura Colla, speaks with Child Expert Lisa Bottomley, Clinical Psychologist Vincent Papaleo, and Psychiatrist Dr. Timothy Entwisle.
They delve into the Therapeutic Inclusive Intervention Conference program (TIIC), a multidisciplinary initiative co-developed by Bottomley and Papaleo.
This program is designed to assist families caught in high-conflict parenting disputes within the Australian family law system, and they discuss its structure, objectives, features, and accessibility.
In this Daze in Court episode, Foley's List barristers Rohan Hoult and Robyn Wheeler offer perceptive commentary from the Bar.
They explore recent cases and legislative developments, sharing practical strategies and candid insights into the challenges of effective advocacy for clients in complex legal matters.
ln this episode, Foley’s List Barristers Emma Peppler and Eliza Bergin provide a crucial update on the implementation of Victoria's Environment Protection Act 2017. They discuss recent developments in Supreme Court judgments and Tribunal decisions, as well as key features of EP Act proceedings within the Tribunal.
Access the previous episode here: A New Phase of Environmental Protection in Victoria: Environment Protection Act 2017
In this Daze in Court episode, Foley's List Barristers Rohan Hoult and Kim Southey provide a comprehensive overview of the significant amendments to Australian family law that took effect in June 2025.
They unpack the key changes in domestic violence protections, property settlements, and the new legal considerations for companion animals, offering valuable insights for families and legal practitioners alike.
In this Daze in Court episode, Foley's List barristers Rohan Hoult, Andrea Skinner and Principal Will Stidston from Barry Nilsson explore the evolving role and drawbacks of artificial intelligence, particularly its impact on generating and evaluating documents. They also discuss expert evidence and the practical challenges of engaging a shadow expert in complex litigation.
In this Daze in Court episode, Foley's List barristers Rohan Hoult, Bronia Tulloch and Chief Clerk Andrew Turner sharing about their journey and the progress in Foley’s List, and dive into a conversation with Bronia about the appeal process in court.
ln this episode, List member Aaron Lane and Steven Pettigrove from Piper Alderman break down 2024 Federal Court cases of Blockchain and Digital Assets. They also discuss global trends, industry regulations predictions for 2025, and what evolving policies mean for investors, businesses, and innovators.
In this Daze in Court episode, Foley's List barristers Rohan Hoult and Simon Fuller sit down alongside solicitor Raffaella Oliva from Hope Earle Lawyers to share and discuss some papers they have written. Raffaella explores adult children seeking access to their parent’s file, drawing from her article Through the Looking Glass. Simon delves into the strategic use of third parties in property proceedings.
This is a recording of session 6 of the 2025 foley's February criminal law series.
In this session, Paul Holdenson KC and Jack O'Connor discuss key appellate decisions on latent ambiguity in evidence, jury direction failures, the admissibility of tendency and character evidence. It highlights cases where judicial errors and procedural breaches affected trial outcomes, refining criminal law interpretation and procedural fairness.
This is a recording of session 5 of the 2025 foley's February criminal law series.
In this session, Michael Stanton SC, Katarina Ljubicic and Patrick Hurst discuss the legal framework governing admissions under Part 3.4 of the 𝘌𝘷𝘪𝘥𝘦𝘯𝘤𝘦 𝘈𝘤𝘵 2008 (Vic), including key statutory provisions, police interview techniques, and protections for vulnerable individuals. It also examines case law, such as Ridley v The King [2024], and discusses the admissibility of covertly obtained admissions, fairness considerations, and emerging legal developments.
This is a recording of session 4 of the 2025 foley's February criminal law series.
In This session, Richard Edney, Ran Zaydan & Edwina Dane provide a thorough guide to preparing a strong defence by examining the prosecution brief, ensuring complete disclosure, and creating a detailed chronology. It emphasizes the importance of the cultural and historical context, involving clients in their defence, and assessing the effectiveness of police investigations.
This is a recording of session 3 of the 2025 foley's February criminal law series.
In This session Tim Marsh, Maddie Lees & Thomas Bell provides a detailed guide on handling cases involving the defence of mental impairment in criminal proceedings. It also includes case studies and references to relevant legal provisions and practice notes to guide practitioners through the process of defending clients with mental impairments.
Commercial landlords must give notice to a tenant before exercising a right of forfeiture for breach of a lease. That requirement can be modified by the terms of the lease. In this podcast, Erik Dober discusses how landlords can draft an effective notice, and how a tenant can respond.
Open and Shut Case: Open Justice, Closed Courts and Suppression Orders for Criminal Lawyers
This is a recording of session 2 of the 2025 Foley's February criminal law series.
In this session, Ruth Champion, Natalie Simpson & Louis Andrews discusses the principals of open justice and presents five key questions to ask before applying for a suppression order, emphasising a need for thorough case preparation, effective decision-making, and having a draft order ready to minimise interference with court procedures.
Ruth Champion appears for the prosecution and defence, and, in both trial and appellate matters. Ruth has particular experience in subpoena proceedings including on claims of public interest immunity and legal professional privilege.
Natalie’s primary practice is in criminal law, but she also accepts briefs in quasi criminal, family law and public law matters. Natalie has significant experience in a range of crime types including complex drug matters, child sex offences, human trafficking, and white-collar crime.
Louis Andrews has a broad practice in criminal law and public law. In his criminal law practice, he accepts briefs to prosecute and defend. Louis has specialised experience in the intersection of the criminal law and media law, including contempt and suppression orders.
Issues of Complicity – How to be Guilty Without Pulling the Trigger
This is a recording of session 1 of the 2025 Foley's February criminal law series.
In this session, Foley’s barristers Neill Hutton SC, Daniel Ryan & Megan Styles address how individuals can be held criminally responsible for an offence without directly committing the act, through aiding, abetting, or encouraging the principal offender. This session covers legal interpretations and rulings concerning complicity in criminal offences under specific sections of the law.Top of FormBottom of Form
Neill Hutton SC has specialised in conducting criminal trials for over 20 years, he is a Victoria Legal Aid Criminal Trial Preferred barrister and holds the Indictable Crime Certificate.
Daniel Ryan accepts briefs from both prosecution agencies and defence and has significant experience in the conduct of bail applications, plea hearings, contested hearings, Contest Mentions, intervention order applications, forensic procedure applications.
Megan Styles accepts briefs in a broad range of matters. She has a particular interest in matters involving commercial and white-collar crime, asset confiscation, proceeds of crime, law enforcement, insolvency law, banking and finance and financial investigations/compliance.
In our first installment of the Daze in Court podcast of 2025, Foley's List barrister Rohan Hoult invites Daniel Myers from Schetzer Papaleo Family Lawyers to share his insights and experiences in the family court from a solicitor's perspective.
List member Laura Colla is joined by Olivia Grobtuch from Kennedy Partners and Stephen Foley of eBrief Ready to share insights from both barristers' and solicitors' perspectives on best practices for managing electronic documents in court. They explore some pros and cons of using eBrief Ready and discuss effective handling of eBriefs, Tender Bundles, Court Books, and other court documents and how to achieve the best result and a good experience for all concerned.
In this episode, Lucy Line and Ruben Clark discuss the principles of statutory interpretation, with a particular focus on how those principles can be applied in a regulatory environment. First, a detailed overview of the tools and tricks that can help practitioners read and construe legislation, emphasising the importance of this skill for all practitioners. Then, a practical examination of how to interpret statutory 'notice to produce' powers, to assist regulators in drafting these notices, and to guide recipients in their responses.
In the final Daze in Court episode before the new year, Rohan sits down with list member Laura Colla to discuss best practices on handling 'sovereign citizen' clients, using eBriefs, and comment on the use of direct vs indirect language in affidavits.
In this episode, List Member Rohan Hoult discusses the newest amendments to the Family Law Act, as well as best practices for interacting with judges in public settings, and the introduction of the Defaulter's List.
In this brand new season, List members Marcus Hoyne and Liz Main discuss the new Privacy and Other Legislation Amendment Bill 2024, exploring existing rights to privacy in caselaw and how the introduction of the new tort could significantly impact the right to privacy.
In this new Daze In Court episode, Rohan, Sophie & Nick explore key issues surrounding add backs and binding financial agreements in family law. The discussion covers important considerations and practical insights for legal practitioners dealing with these areas.
In this episode of Daze in Court, Foley's List members Rohan Hoult is joined by Belle Lane to take a deep dive into the legal process for family law matters relating to gender dysphoria, discussing what is gender dysphoria; how it's relevant to the Courts; and how to approach these sensitive issues to achieve the most effective outcomes.
In collaboration with Victorian Women Lawyers, this is the final episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work.
The hosts of this series, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers sit down with series collaborators Andrew Turner and Maree Caminiti to reflect on why its important to produce this series and share women's stories and experiences of the financial and career challenges they may face in the legal community.
Thank you to everyone who tuned in!
If you have any suggestions for topics for future episodes, please don't hesitate to email marketing@foleys.com.au with your ideas for a season 2!
Parenthood: It's Impact on Your Career and Finances
In this episode, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers are joined by Catherine Brooks of Wendy Brooks & Partners and Foley's List member Olivia Callahan. Together, they share their personal experiences and insights on how having children can impact careers. Tune in as they discuss the challenges and obstacles of balancing parenting and professional life, and how they've successfully navigated this complex journey.
In collaboration with Victorian Women Lawyers, this is the third episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work.
Resources Referenced:
· Parental Leave in Practice: A “How To” Guide for Lawyers - Prepared by Victorian Women Lawyers & Maurice Blackburn
· MoneySmart guide to having a baby
· Let's make it work, baby!: A kick-arse guide to personal and professional success for new parents by Catherine Brooks
· FairWork - information on Parental Leave
· VEOHRC guide to flexible work
· Victorian Bar Council Parental Leave Policy
Relationship Milestones: Setting Up for Success at the Start or End of a Relationship
In this episode, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers is joined by Bonnie Phillips (Coulter Legal) and Michelle Button (Foley's List barrister) to discuss the considerations and measures to think about when getting into -- or out of -- relationships to best protect your financial assets.
In collaboration with Victorian Women Lawyers, this is the second episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work.
Resources Referenced:
- Relationships and money - moneysmart.gov.au
- All's fair in love and law: the ultimate legal guide to relationships
- De facto relationships | Victoria Legal Aid
- What is Financial Abuse? | WIRE
In collaboration with Victorian Women Lawyers, this is the first episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work.
Becoming Your Own Boss: What It Means to Move From An Employee to a Business Owner or a Barrister
In this episode, VWL's Joanna Abraham and Sophie Lefebvre is joined by Onside Family Lawyers's Sounita Viravout and Foley's List member Ran Zaydan to discuss the thought process and experiences that goes into the decision to set up a solo practice, and the obstacles and rewards that can come from this move.
Resources Referenced:
- VLSBC - Guide to setting up a law practice
- Vic Bar - Guide to Becoming a Barrister
- MoneySmart - Guide to self-employment
- LPLC: Starting your own practice
In this new Daze In Court episode, Rohan and Harriet engage in an in-depth discussion onthe principles of the Harman Undertaking and provide insights into best practices for briefing barristers, alongside a brief update on recent developments in the family law community.
Paper referenced, 'Can I use documents received in my family law matter for other purposes?', by Mary Young [link to paper here]
In this episode, Foley’s List barrister Kepler Ryan summarises and provides insight to some notable cases relating to financial and property matters in the Family Law jurisdiction in 2023.
In this episode of the Daze in Court series, Foley's List barristers Rohan Hoult and Michele Brooks returns to continue discussing the changes made in the Family Law Amendment Act 2023 and what exactly might be the implications of these amendments in practice.
This episode is the second half of a two-part series, following S5 Episode 13.
To view Michele's presentation, access it here: https://foleys.com.au/resources/Family%20Law%20Amendment%20Act%202023%20-%20Michele%20Brooks.pdf
In this episode of the Daze in Court series, Foley's List barristers Rohan Hoult and Michele Brooks sits down to look at the new Family Law Amendment Act 2023, discussing what has changed and what has not changed, and how the changes may affect how we look at parenting orders going forward. This episode is part one of two.
In this episode of "Daze in Court", Foley's List barristers Rohan Hoult and Alex Metherell discuss with Jim Mellas tips for briefing counsel, the state of the Parthenon Marbles dispute, dealing with non-disclosure in financial matters in the family law jurisdiction.
To write in with a question, suggest future topics, or provide feedback for this series, email in to Rohan Hoult at rhoult@vicbar.com.au!
In this episode, Foley's List barristers Rohan Hoult and Harriet Geddes reunite to launch a new series: "Daze In Court". They discuss the importance of court etiquette for practitioners and how to recognise inappropriate conduct in Court, as well as the best ways to manage and deal with those difficult situations.
To write in with a question, suggest future topics, or provide feedback for this series, email in to Rohan Hoult at rhoult@vicbar.com.au!
In this episode, Foley's List barrister and advanced mediator Glen Pauline gives a franchise case update discussing two recent judgements, relating to an injunction proceeding and the recent Mercedes Benz case related to goodwill, non-renewal and good faith.
This is a recording of Session 5 of the Foley's February Criminal Law CPD Series of 2024. In this episode, Paul Holdenson KC & Jack O’Connor discusses learnings from some recent decisions of the Court of Appeal, including in relation to hearsay evidence, stay applications, identification evidence, the relevance of childhood deprivation in sentencing, and more.
This is a recording of Session 4 of the Foley's February Criminal Law CPD Series of 2024. In this episode, Foley’s List barristers Peter Matthews and Simon Thomas explains the purpose and breakdown of the new regime, looks into exemptions, protections in place against improper disclosure, and the future of the regime.
This is a recording of Session 3 of the Foley's February Criminal Law CPD Series of 2024. In this episode, Foley’s List barristers Michael Stanton and Julia Kretzenbacher explores what exactly Section 137: Exclusion of prejudicial evidence in criminal proceedings means and how it has been applied in the Courts, with an in-depth look at IMM v the Queen 2016.
This is a recording of session 2 of the Foley’s February Criminal Law CPD Series of 2024. In this episode, Sharon Lacy S.C. and Hetty de Crespigny touch on the law, the science and the philosophy behind doli incapax, then discusses the preparation and forensic decision making in doli incapax cases.
This is a recording of Session 1 of the Foley's February Criminal Law CPD Series of 2024. In this episode, Daniel Gurvich KC, Tristan Joseph and Leigh Crosbie discuss responding to Notices to Produce, Obligations of Disclosure, and contrast Continuing and Non-Continuing Offences.
In this episode of Think Foley’s, we join Rohan Hoult and Harriet Geddes in a casual Q&A style chat. Rohan and Harriet cover a wide range of topics, from changes to the Family Law Act to advice for solicitors and barristers alike when preparing for a defended hearing. Rohan Hoult has over 35 years’ experience practicing exclusively in family law. Rohan is also an AIFLAM Nationally Accredited Mediator. In 2020, Rohan took on the position of Senior Judicial Registrar for the Federal Circuit and Family Court of Australia, delivering judgments and presiding over Judicial Settlement Conferences. Rohan returned to the Bar in July 2023 and currently practices across a broad range of family law matters as mediator, as counsel for mediation and for advice work. Rohan is able to act as mediator or counsel for mediation in all matters, including those he has previously presided over as a senior judicial registrar. Harriet comes to the bar with extensive experience in family law and related jurisdictions (including Intervention Order proceedings). Prior to coming to the bar, Harriet was a Senior Associate at a leading specialist family law firm where she had carriage of complex parenting matters, including international relocations and parental alienation, and property matters, including matters involving high-net worth individuals, third party property rights, spousal maintenance and jurisdictional threshold issues. Harriet also has significant experience with matters involving family violence.
In this episode of Think Foley's, barristers Phillip Bloemen, Tim McCulloch and Kaitlyn Foote shares practical tips, tricks and advice on how a junior practitioner can step into preparing and running contested hearings - specifically for matters that run for less than a day, and focus on a confined legal or evidentiary issue.
Her Honour Magistrate Burnside joins the barristers in sharing a Magistrates' perspective on what should - and shouldn't - occur during contested hearings.
In this episode, Campbell Hangay explores the causational concept of counterfactual hypothesis in personal injury law and how it has been applied in recent matters, including in the context of mental harm. An explanation of causation is followed by a deep-dive into cases using a counterfactual hypothesis, and the importance of expert evidence in establishing a counter factual claim in mental injury cases.
In this episode, Priscilla Blackadder examines the substantial developments in the use of generative AI and investigates the legal questions and ongoing claims surrounding the new technology, including: Do AI creations infringe on intellectual property? Are AI creations copyright protected? And who owns the content that an AI platform generates?
View links to artworks and music mentioned.
Paul Holdenson KC and Jack O'Connor analyse the most recent decisions in the court of appeal across nine categories. Cases of complicity, evidence of incriminating conduct and retrials are discussed, among others.
The fourth 2023 Foley's February session is presented by Ruth Champion and Natalie Simpson. This episode is covers what an abuse of process is and how courts can prevent them. Ruth and Natalie give tips on making permanent stay applications, and appeals and recent cases in the area are discussed.
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The third 2023 Foley's February session is presented by Julie Condon KC and Bridie Kelly. This episode is concerned with second and subsequent appeals, going through the procedural history and the notable case of Roberts v the Queen.
Complimentary paper can be found on Foley's website at www.foleys.com.au/cpdresources.aspx.
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The second 2023 Foley's February session is presented by Nadia Kaddeche and Ffyona Livingstone Clark. This episode is concerned with the Evidence Act with a particular focus on hearsay and relevant caselaw.
Complimentary handout resources are available on Foley's website at www.foleys.com.au/cpdresources.aspx.
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The first 2023 Foley's February session is presented by Dr Ian Freckelton and Kaitlyn Foote. The focus is on Fetal Alcohol Spectrum Disorder and the contact individuals with FASD have with the criminal justice system. Complimentary material and seminar video recording can be found on www.foleys.com.au.
The second 2023 Foley's February session is presented by Nadia Kaddeche and Ffyona Livingstone Clark. This episode is concerned with the Evidence Act with a particular focus on hearsay and relevant caselaw. Nadia was admitted to the legal profession on 8 November 2000 and signed the Victorian Bar Roll on 11 May 2006. Nadia now regularly appears in criminal trials in all jurisdictions, Magistrates' Court, County Court and the Supreme Court. She was involved in a lengthy Victorian Supreme Court Terrorist Trial in 2010. Since coming to the Bar, Ffyona has appeared in a wide range of matters across every level of the State courts from VCAT through to the Court of Appeal. Ffyona is a current member of the Victoria Legal Aid Criminal Trial Preferred Barrister List
The first 2023 Foley's February session is presented by Dr Ian Freckelton and Kaitlyn Foote. The focus is on Fetal Alcohol Spectrum Disorder and the contact individuals with FASD have with the criminal justice system. Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally. He has particular skills in addressing the broader repercussions of legal disputation so that clients can achieve outcomes which address the issues that have taken them before courts and tribunals. Kaitlyn accepts briefs in all areas of criminal and quasi-criminal matters across metropolitan and regional courts. Kaitlyn has appeared in a broad range of summary and indictable matters in the Magistrates’, Children’s, and County Court jurisdictions.
Mark McKillop and Michelle button discuss how to improve the use of the current tools available in mediation practise. They speak to the benefits of conducting open, client led sessions and the importance of active listening as a skill in mediation.
Mark McKillop was admitted to practice in 1995 and signed the Bar Roll in 2008. He accepts briefs as counsel and mediator in all commercial matters, particularly in insolvency, banking, corporations, and property litigation.
Michelle Button was admitted to practice in 2006 and came to the Bar in 2022. Michelle practises in Criminal law and Family law and is also a nationally accredited mediator who accepts briefs as both mediator and counsel.
Julia Kretzenbacher sits down with Blackstone Legal Costing’s Chris Grisenti to discuss general cost disclosure obligations of barristers under professional uniform law, conditional cost agreements, and recovering party-party costs taking on pro bono work. Julia Kretzenbacher practises in commercial, criminal and public law. She also accepts briefs in quasi-criminal matters. Since coming to the bar, she has appeared in both summary and indictable jurisdictions, including appeals and trials. She appears in contested hearings, bail applications, pleas, committals and trials. Chris Grisenti joined Blackstone Legal Costing in 2014 and has since been practising exclusively in Costs Law. Chris specialises in commercial costs law, including the preparation of bills of costs, notices of objection, and appearing on mediations, applications, and taxations in the Costs Court and Federal Court.
Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
Paul Holdenson KC and Jack O'Connor analyse the most recent decisions in the court of appeal covering topics such as:
- Errors made during sentencing & to watch out for during your trials
- The correction of errors and the court of appeals power of amendment
- Second or subsequent appeals against convictions
- Sentencing principles relevant to the COVID-19 pandemic
Paul has developed a specialist practice as an appellate advocate, appearing predominantly in criminal appeals. He regularly appears before the Victorian Court of Appeal, the High Court of Australia Jack accepts briefs in public and administrative law, appellate crime, and commercial law. He appears regularly in the Court of Appeal, both led and unled, on appeals against conviction and sentence.
Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
Shivani Pillai and Amara Hughes speak about the implications and conditions of intervention orders. The relevant acts and the uniquely significant power of the magistrate in this jurisdiction are examined. The procedure of application for an IVO is gone through with commentary on each test and requirement available to get the best result for your client. Shivani practices predominantly in criminal law as both Defence and Prosecuting Counsel. Her criminal practice includes crimes family violence, occupational health and safety, mental impairment, supervision orders, Coroner's Court, Consumer Affairs, road safety offences and murder. Amara accepts briefs in all areas of criminal and quasi-criminal law, as well as administrative law. Amara appears in pleas, appeals, bail applications, committals and contested hearings in the Magistrates’, County and Supreme Courts of Victoria. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
In the lead-up to the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
In this podcast, Peter Matthews and Cheryl Richardson discuss Prosecution Duty of Disclosure. Using supporting precedence, Peter discusses the scope of duty of disclosure and the consequences of a breach of this duty. Cheryl then speaks about legal professional privilege, the Criminal Procedure Act and public interest immunity. Peter is an experienced trial and appellate advocate, practicing in criminal law, administrative law, disciplinary and licensing law and in coronial inquests and coercive inquiries. His criminal law practice encompasses all criminal proceedings and related proceedings, including jury trials in the County and Supreme Courts and appeals in the Court of Appeal and High Court. Cheryl has substantial experience in occupational health and safety including the conduct of investigations and associated proceedings. Cheryl also has criminal law experience, having worked at the Office of Public Prosecutions. Cheryl managed a broad range of matters involving homicide, drugs and fraud. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
In the lead-up to the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
Tim Marsh introduces Dr Joanna Glengarry to speak about the role of a forensic pathologist particularly in homicide cases or cases that involve medical evidence. Dr Glengarry discusses the limitations of evidence that can be provided by a forensic pathologist and clarifies myths, expectations and misinformation regarding forensic pathology. Tim Marsh follows up this discussion with practical advice for solicitors and advocates when preparing a brief and finding themselves stumped as to how to get into the medical evidence Tim Marsh completed a Law and a Science Degree at Melbourne University, majoring in Genetics. While Tim practices in all areas of crime, he has a strong practice in mental impairment and disability law. His work at first instance and on appeal in this area have helped clarify and reshape how the Victorian Courts treat offenders with mental illnesses. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
In the lead-up to the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.
Philip Dunn KC, Madeline Sargent and Raphael de Vietri discuss the changing landscape of bail applications and the impact the pandemic has had on this process. The Bail Act and its definitions are looked at, and a checklist is available for download as a guide to the complexities of bail applications. Philip Dunn KC is an experienced trial advocate who has conducted trials and pleas for forty years. As a trial lawyer he conducts defenses in all types of criminal matters; notably murder, conspiracy, corporate and tax fraud and, drug and sex offences. Madeleine is an experienced advocate who accepts briefs to appear and advise in all areas of criminal law, including quasi-criminal areas, such as coronial inquests, disciplinary tribunals, investigations and Royal Commissions. Raphael practices predominantly in criminal law, with a focus on serious and complex crime. He has appeared as counsel in matters involving terrorism, organised crime, homicide, sex offences, drug importation, major fraud, human exploitation, war crimes and military offences. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
Foley’s List is pleased to present the 2022 Family Law Breakfast Seminar in podcast form. This episode will take you through questions and answers about a post-covid hypothetical fact scenario. The topics covered are: contraventions, valuations and adversarial experts, gifts and the assessment of contributions.
We appreciate the special appearance of Justice Hartnett of the Federal Circuit and Family Court of Australia in asking the questions in this Q & A. Presenting the answers are Foley’s List Barristers: Vanessa Bacchetti, Amrita Malik, Bronia Tulloch, Laurence Fudim, Harriet Geddes and Alex Finemore.
These presenters have also written detailed papers about the topics upon which they have been asked questions. The hypothetic fact scenario and each of the papers can be found on the CPD resources page of Foley’s website.
Foley’s List is pleased to present the 2022 Family Law Breakfast Seminar in podcast form. This episode will take you through questions and answers about a post-covid hypothetical fact scenario. The topics covered are: contraventions, valuations and adversarial experts, gifts and the assessment of contributions.
We appreciate the special appearance of Justice Hartnett of the Federal Circuit and Family Court of Australia in asking the questions in this Q & A. Presenting the answers are Foley’s List Barristers: Vanessa Bacchetti, Amrita Malik, Bronia Tulloch, Laurence Fudim, Harriet Geddes and Alex Finemore.
These presenters have also written detailed papers about the topics upon which they have been asked questions. The hypothetic fact scenario and each of the papers can be found on the CPD resources page of Foley’s website.
Gavin Silbert QC and Brett Sonnet discusses the ethical obligations in cross examination of witnesses. They take a deeper look at the important statutory provisions and past judgements to canvass the rules, regulations and duties which apply to cross examination.
Raphael de Vietri provides an introduction to the expanding area of Post-Sentence Orders under the Serious Offenders Act, with an explanation of the historical background to the Act, its key terminology, Supervision and Detention Orders proceedings, and Breach Proceedings.
Jennika Anthony-Shaw and Julian Lynch discusses the new jurisdictional implications for domestic building disputes following the case of Uber Builders and Developers Pty Ltd v MIFA Pty Ltd & Anor [2021] VCC 1677.
First, they examine the key legislation and pre-existing systems in place to deal with domestic building disputes and look into the important cases leading up to Uber.
Then, they review the Uber judgement and discuss some of its important implications.
Carey Nichol discusses the preparation and strategies required to enhance the likelihood of a successful outcome in mediation.
He covers what should go into case preparation, client preparation, and mediation preparation, then shares some tips and tricks to negotiating and breaking an impasse.
In this episode and accompanying paper, Philip Barton first examines 2021 Supreme and County Court cases on contracts of sale. These cases were: on the authority of an agent to conclude a contract; a sale by an owner builder; a sale conditional on issue of a planning permit; a sale subject to finance; a sale of a going concern for GST purposes; a sale off the plan; and a mortgagee’s sale.
Then, Philip deals with a case of parties using funds in breach of trust to buy land. Finally, noting the importance of the topic of verification identity, Philip discusses a case of a forged mortgage.
Emma Peppler and Eliza Bergin examine the new Environment Protection Act and how this will change environmental regulation in Victoria. In particular, they discuss the new general environmental duty, the new regime for permissions, remedial notices including financial risks, rights of review to VCAT and courts, and civil penalty provisions.
Anna Wilson examines the gateway tests in Division 328, which are the gateway tests to a bag of benefits including temporary full expensing, instant asset write off, loss carry back, and other similar benefits.
The presentation will work through application of the aggregated turnover test and the embedded connected entity & affiliate tests by reference to a number of examples and case studies.
This presentation provides an update on recent cases and developments regarding taxpayer legal professional privilege claims made against and challenged by the Commissioner of Taxation. Specifically, it addresses:
- the Commissioner’s treatment of LPP claims in response to notices issued under s 353-10 of Schedule 1 to the Tax Administration Act 1953 (Cth) by reference to the decision in CUB Australia Holding Pty Ltd v Commissioner of Taxation [2021] FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors;
- the draft ATO LPP protocol released for public comment in late September 2021; and
- how the Commissioner may use material received pursuant to a notice issued under s 353-10.
Mark McKillop addresses how to go about removing or amending a PPSR registration. He discusses the administrative and judicial processes for disputing a PPSR registration, the nature of the judicial process, and some tips and pitfalls of disputing the registration.
As part of the presentation, he also looks into the advantages (albeit at a cost) of the judicial process over redress by the Registrar, where the Registrar has had a blanket policy of not acting where opposition is made by the secured party.
A copy of all materials referenced in the podcast can be accessed here: https://markmckillopbarrister.com/2021/10/05/disputing-a-ppsr-registration-a-practical-guide/
Federal Circuit and Family Court of Australia Senior Judicial Registrar Anna Parker and Foley’s Barrister Simon Fuller discuss the changes that have taken effect as a result of the amalgamation of the Family Court of Australia and the Federal Circuit Court of Australia into the new Federal Circuit and Family Court of Australia.
They discuss the new court’s case management pathway, increased emphasis on alternative dispute resolution, changes in expert reports relating to children, contraventions, and new litigant and practitioner obligations.
Robyn Wheeler examines inheritances and how they are treated in Family Courts. With a deeper look into cases including Aleksovski v Aleksovski (1996), from which the infamous “Gold Bar” quote originates, to as recent as the 2021 case Roverati & Roverati and explores the different considerations that influence how ‘the Gold Bar’ is split between parties.
Belle Lane and Alex Metherell share their experiences, insights, and wisdom of Mediation in Family Law and then take a deeper look at the legislation pertaining to it. Belle explores mentalisation and the procedural justice effect as some of the things to keep in mind, in order to get the best out of both parties. Alex examines the legislation and caselaw relating to the enforceability and admissibility of written agreements made at Mediations.
Simon Fuller discusses equitable interests in land insofar as they are relevant to family law disputes. The seminar covers the relevance of equity to family law matters with particular reference to Parts VIII, VIIIAA and VIIIAB of the Family Law Act and the concept of accrued jurisdiction. It also considers the preliminary matters considerations in equitable land disputes including caveats, joinder, and pleadings.
Finally, the seminar also considers some types of equitable proprietary claims including resulting trusts, constructive trusts, and proprietary estoppel.
To download the complementary presentation slides which outlines the cases and legislation which Simon references, visit https://foleys.com.au/ResourceDetails.aspx?rid=509&cid=3
In this episode of the Family Law CPD online series, Bronia explores the legislation and caselaw relevant to the question “What is a financial resource?” She examines the leading authorities and considers the types of information and evidence that practitioners should obtain when assessing whether their client or the other party has a “financial resource” in proceedings for spousal maintenance and/or property settlement.
Foley’s is proud to be the FIRST List to provide CPD seminars via our free CPD Podcast - Think Foley’s. More CPD resources can be found on Foley's website https://foleys.com.au/cpdresources.aspx
In this final episode of season 2, Glen Pauline examines the 2021 changes to the Franchising Code as a follow up to Season 1 Episode 12 “The Franchising Code of Conduct.”
Glen discusses his experiences as counsel in a recent case, the task force principles in relation to dispute resolution, then the key dispute resolution changes to the Code, and some changes relating to legal costs for cooling off, restraint clauses, and marketing funds.
Marcus Dempsey and Tim Bourbon outline the relevant legislative tests before discussing, from a practical perspective, what is required to satisfy them. One of the stated aims of the standard sentence scheme is to increase the length of sentences that are imposed for relevant offences.
In Part 2 of this presentation, Marcus and Tim also outline the background to the enactment of the scheme, as well as the relevant legislative provisions, before discussing a number of Court of Appeal decisions in which those provisions have been considered, most notably Brown and The Queen (2019) 59 VR 462.
Felicity Fox and Tessa Duthie review the hot topics in employment and occupational health and safety including sexual harassment and vicarious liability, independent contractor & employee distinction, workplace bullying and OHS laws, legal representation in the Fair Work Commission, industrial manslaughter and the meaning of complaint or inquiry in adverse action claims.
Michael Stanton and Jonathan Barreiro will consider the background and current state of the law with regard to presumptive and mandatory sentencing in Victoria. It will assist practitioners to understand how the reforms have been introduced and entrenched, and how exceptions have been made more difficult to satisfy.
Klaus Mueller and Nick Dubrow review the common issues that need to be considered in serious injury leave applications.
Jonathan Bayly discusses the circumstances in which a party to a judicial review proceeding can lead evidence that goes beyond the material that was before the decision maker when it made the decision under review, as well as the rare circumstances in which a party to such a proceeding can obtain an order for discovery.
Episode notes can be found: https://foleys.com.au/ResourceDetails.aspx?rid=504&cid=5
Philip Barton reviews Victorian Supreme and County Court cases for approx. the last 5 years on performance and breach of contracts of sale of land including: Rescission for mistake; Rectification; Construction and interpretation of contracts; Severance of terms; Variation of contracts; Breach – the prevention principle; Anticipatory breach; Rescission for breach pursuant to notice or repudiation; Specific Performance; Forfeiture of deposit or relief against it under s. 49 of the Property Law Act 1958 (PLA).
Adrian Hoel presents a "how-to" guide for practitioners responding to subpoenas to produce documents. It touches upon all the critical aspects of responding to subpoenas, including objections to production and objections to inspection. It identifies strategies for resolving objections, answers frequently asked questions and identifies potential missteps. This presentation focuses upon civil subpoenas in the Supreme Court of Victoria but will be useful in other Victorian and Federal court jurisdictions.
Episode notes can be found: https://foleys.com.au/ResourceDetails.aspx?rid=502&cid=5
Sharon Lacy and Annie Yuan will outline when the court can consider matters of family hardship in sentencing State and Commonwealth offences and provide some practical tips on how to run a family hardship argument. Sharon and Annie discuss the Court of Appeal decision of Borg v The Queen and how it affects the threshold for proof for family hardship.
Simon Fuller presents an overview of recent cases involving ethics and related developments.
Episode notes:
Recent Case Updates and Developments
Robyn Wheeler and Vanessa Bacchetti will sooth your souls with a guide to how to deal with seeking to start a case out of time, seeking to set aside a final order out of time and seeking to appeal out of time.
They will take you through the labyrinth of Powers of the Registrars, Senior Registrars and the Judicial Officers in each court; just "in time" for all the rules to be changed yet again (due to the Court merger).
Episode notes available:
Time and Running Out Of It - Robyn Wheeler
Commencing an Appeal Overview - Vanessa Bacchetti
Table of Time Limits Under the Rules and Family Law Act - Vanessa Bacchetti
Jennika Anthony-Shaw and Michael Sharkey discuss the matters to be aware of and the issues which may arise in briefing. Jennika and Michael explore compliance with the relevant court rules, VCAT practice note, the Evidence Act 2008 and the Civil Procedure Act 2010 and relevant authorities with a focus on the practicalities of briefing experts. With a focus on building disputes, the material canvassed is relevant to all areas of civil litigation where expert witnesses are engaged.
Guy Gilbert SC and Chris Oldham start their discussion on mandatory visa cancellation when a client fails the character test and is serving a term of imprisonment. They discuss the process for revoking a visa cancellation and ways legal representative can assist in that process, other methods of cancellation, the appeals process when revocation is not successful, and sentencing considerations for clients that have had their visas cancelled.
Philip Dunn QC and Julia Kretzenbacher discuss some practical tips of running online hearings in the new normal, including what technology you might want to invest in, preparing the client for an online hearing and how barristers and solicitors can work together for online hearing.
Richard Edney and Kate Ballard address the issue of how to punish offenders who have a mental disorder. The understanding of what mental conditions can be treated as matters in mitigation has tended to change over time. What appeared to be settled was that personality disorders could not be used on behalf of an offender to mitigate an otherwise just and proportionate sentence. That position has been changed by the five-member decision of the Victorian Court of Appeal in Brown v The Queen [2020] VSCA 212.
Peter Chadwick QC and Jeremy Karitzis discuss the practical application Legal Profession Uniform Law Australian Solicitors Conduct Rules for solicitors practising in criminal law. Peter and Jeremy look at ethical questions including acting for guilty clients, knowing and managing conflicts of interest, balancing the client’s instructions against the obligation to act independently and forensically and knowing the limits to protected witness briefs under the Family Violence Protection Act.
David Cronin and Natalie Kaye review the changes to the law for sexual offences involving child and cognitively impaired complainants including an outline of changes, indictable matters, S198A applications, ground rules hearings, intermediaries and giving evidence by child or cognitively impaired complainants.
William Lye OAM QC and Glen Pauline discuss commercial mediation starting with online mediation and their experiences with online platforms for conduct of mediations. Glen discusses the legislative framework for and issues arising in, mediation of commercial tenancy disputes that arose due to COVID-19 and the outcomes for landlords and tenants achieved through mediation. William also reviews the cultural issues that arise in commercial mediations in particular with relation to Asian cultures.
Cath Devine and Emma Heggie present a timely reminder of how the COVID-19 pandemic impacts on child support matters.
This podcast outlines the significant changes to the child support legislation introduced in 2018 through that lens.
Cath and Emma also analyse a recent Family Court decision dealing with the impact of COVID-19 on an application to set aside a binding child support agreement.
Philip Barton reviews Supreme Court and County Court cases over the past 5 years on contracts of sale of land:
1. Offer and Acceptance including a solicitor’s authority to conclude a contract and a company director’s authority to make a contract
2. The 4 Masters v Cameron categories and contract interpretation
3. Statute of Frauds
4. Void for Uncertainty
5. Estoppel against denying existence of a contract
6. Section 32 statements
7. Cooling off under s 31 Sale of Land Act
Bronia Tulloch and Caroline Jenkins discuss the authorities relevant to common issues in the assessment of contributions in family law property cases. The emphasis is on situations where money or property has been provided to a party to a marriage by family members. The case law discussed covers the treatment of “gift vs loan”, resulting trusts and the presumption of advancement, the impact of timing on the weight to be given and the treatment of inheritances.
Brenton Devanny explains what has changed in insolvency law, how it has affected small business and what the package of reforms promise for small business in 2021.
2020 has been a year where many of the historical practices of insolvency law and how it relates to small business have been delayed and deferred.
This presentation includes a summary of changes to insolvent trading, statutory demands and bankruptcy notices, and generally the proposed debtor-in-possession restructuring regime and simplified liquidations.
Sam Tatarka and Michele Brooks present tips and traps for solicitors. This presentation provides a refresher on the key requirements for Victorian lawyers around their LPUL compliance obligations and the consequences of non-compliance, with a broader focus on strategies to improve compliance, proactively manage client complaints and update risk management strategies to avoid problems in future. The session ends with some practical tips to consider when reviewing and updating existing costs agreements.
Michael Stanton and Julia Kretzenbacher review section 138 of the Uniform Evidence Acts, which deals with improperly or illegally obtained evidence. In this presentation, we will review the history and background in relation to the common law discretion, the Australian Law Reform Commission reports on the law of evidence that led to the introduction of the Uniform Evidence Acts, and the text and purpose of section 138, including the factors relevant to the balancing exercise that must be undertaken by judicial officers. We will consider relevant cases from the High Court, the Court of Appeal and the Trial Division of the Supreme Court of Victoria.
Jeanette Swann and Chiara Bryan explore that question in the context of reproductive technology and changing concepts of family. They examine the relevant provisions of the Family Law Act, including section 60H, and discuss the High Court case of Masson & Parsons, testing the principles of that case against various factual hypotheses and family configurations. They also ask the question, how many parents can a child have? A quirky but related point is considered, being the allocation of parental responsibility to children diagnosed with gender dysphoria who are also Gillick competent. All up, our commentators conclude that while Masson & Parsons gives certainty to the operation of section 60H and the definition of a “parent”, there are still unanswered questions and manifest scope for legislative reform to ensure that all Australian families are treated equally before the law.
Marcus Hoyne and Priya Wakhlu provide an overview of the key areas of reform and outline what practitioners must know in operating under the new regime.
On 17 November 2020, royal assent was given to the Victorian legislation amending the Defamation Act. These reforms are consistent with similar legislation which has passed or is expected to be passed in other Australian jurisdictions shortly. These reforms constitute a significant overhaul of Australian defamation law.
Simon Fuller and Alex Finemore address a number of ethical issues often faced by family lawyers including making serious allegations in Affidavit material, how to assess a client’s legal capacity, what to do when a client has lost capacity and our ongoing obligation of confidentiality. The purpose of this session is to provide guidance about how to navigate these ethical issues and avoid being faced with charges of professional misconduct or civil action brought by a disgruntled client.
Rae Sharp and Joel Tito review the practicalities of raising constitutional points in criminal proceedings including giving notice, costs and urgent relief and procedural requirements.
Lucy Line discusses what employers need to know about employees’ use of traditional and online media. Lucy examines recent cases where workers in the private and public sectors have sued their employers after having been dismissed for their media use.
With reference to the Fair Work Act, Lucy discusses what claims can be brought and what courts will consider in assessing the strength of a claim. With the popularity of social media, this session helpfully unpacks how employers can lawfully regulate and control the use of media by employees, and highlights to what extent employees are entitled to do as they like online, outside of working hours.
Julian R Murphy discusses the modern approach to statutory interpretation with a particular focus on how courts interpret criminal statutes. The presentation covers general principles as well as specific presumptions of interpretation, including the principle of legality and the principle requiring that criminal statutes are interpreted strictly.
Emma Swart and Johannes Schmidt discuss section 79A, in particular section 79A sub-section 1a and sub-section 1A of the Family Law Act 1975 varying and setting aside final orders in relation to property of a marriage (section 90SN for de facto relationships).
They then take you to a recent case extending time to apply under section 37A to review a Registrar’s decision and how that can be used to set aside final consent property orders.
They start with a brief look at the issues in applying for leave out of time under section 44 sub-section 3 and section 44 sub-section 5, relevant not only to situations where there are no orders at all but also relevant to considerations of delay in bringing an application under section 79A or section 37A and consider the special rule 16.05 which only applies in the Federal Circuit Court.
Mark McKillop and Amanda Carruthers discuss details of the Personal Property Securities Act, why we have it, when it applies, how to use it, and the tips and traps every practitioner needs to know.
Simon Fuller provides some clarity on issues such as what is a casual employee? What are their rights? And what are employers’ obligations in respect of casual workers?
With particular reference to two recent Full Court decisions (being WorkPac Pty Ltd and Skene and WorkPac Pty Ltd and Rossato) that have, in some respects, changed the landscape for casual workers.
The session also considers the federal government’s regulatory response to some of the issues raised in Skene and also the pending High Court challenge to the Full Court’s decision in Rossato.
The introduction of new discrete lists, hearings in front of Registrars and tips and tricks for drafting and preparation in an electronic era in the Family Law Courts.
This zoom session presented by Alex Metherell and Nonni Sdraulig discusses how hearings in the Family Law Courts have evolved recently including the introduction of new listing practices and lists, such as the discrete property and contravention lists. How to prepare for hearings in front of Registrars instead of Judges including a discussion about Registrars powers and the impact that COVID-19 pandemic has had on face-to-face hearings in the Court system.
It provides solicitors with practical advice and tips and tricks about how to best to prepare for electronic hearings in both parenting and property applications. Together with a more general discussion about how to prepare clients for electronic hearings before Registrars in the Family Law Courts.
For resources please visit: https://foleys.com.au/cpdresources.aspx
David Kim and Priya Wakhlu focus on a Landlord’s right of re-entry following a tenant’s breach of the lease agreement.
David and Priya will closely examine landlords’ rights of re-entry and termination under both common law and the Property Law Act 1958 (Vic), compliance with notice requirements and the consequences of not validly terminating the lease.
For resources please visit: https://foleys.com.au/cpdresources.aspx
Cecily Hollingworth and Jason Gullaci discuss the different sentencing regimes that have come into place in Victoria in the last few years. They provide detail on what the offences and categories are that fall under the current mandatory sentencing provisions or the standard sentencing provisions.
Dr Rishi Gulati discusses the potential impact of the COVID-19 Pandemic on the law of the international civil service, commonly known as international administrative law. Undoubtedly, the pandemic is having a serious impact on international organisations, staff members, consultants and contractors of international organisations, as well as other third parties associated with international organisations.
Discussing case law from the various international administrative tribunals, Dr Gulati sheds light on the key legal issues that international organisations and their employees should take into account when making decisions pertaining to employee rights in times of great stress.
If you would like access to the accompanying paper mentioned in this podcast, please contact Dr Gulati directly on rishi.gulati@vicbar.com.au
Chris Oldham discusses Immigration Law and the entangling that can occur with other jurisdictions, most notably Criminal Law. He outlines sentencing and the relevant considerations that flow from visa cancellation or the risk of visa cancellations. He also discusses other forms of visa cancellations that may be worth considering for Criminal law practices and finishes off with outlining the risks of incorrectly filling out a passenger arrival card and considerations that may be undertaken for applicants or respondents in family violence intervention order applications.
Philip Barton examines Co-ownership Disputes. He commences with severance of joint tenancy and adverse possession between co-owners. However, he focuses primarily on Part 4 of the Property Law Act which covers sale and division of co-owned land and goods. He covers central concepts, VCAT’s jurisdiction, grounds for refusing an order - in particular grounds based on contracts and trusts inconsistent with sale, aspects of orders for sale or physical division, and the jurisdiction of the Supreme Court and County Court.
Anna Parker discusses Drafting Affidavits in Family Law Matters. She outlines what an affidavit is and the importance of drafting a sound and relevant affidavit. She provides a detailed description of the applicable rules of evidence, and other tips and tricks in preparing such a document in order to positively assist a case rather than hindering it.
Simon Tisher presents a State Taxation Update. He discusses the changes and activity which have taken place in Victorian State Taxation over the past few years, with several legislative amendments and numerous decisions from the Supreme Court and the VCAT. This episode is tailored to the small and medium enterprise market and Simon provides general observations about state taxation litigation; the legislative changes made in 2019 in relation to economic entitlements, fixtures and the land tax valuation of heritage buildings; the duty exemption from trusts to beneficiaries; land tax and the principal place of residence exemption, land tax exemptions for primary production land; foreign purchaser additional duty and lastly, the absentee owner land tax surcharge.
Anna Parker talks about Contravention Applications in Parenting Matters. She outlines the parenting regime provided for in the Family Law Act, the applicable remedies and penalties, and discusses what constitutes a ‘reasonable excuse’. Anna provides details and outlines points and principles when representing parties in contravention proceedings, including during such times as the current COVID-19 pandemic.
Emma Heggie discusses ideas for effective uses of technology for solicitors working in the current COVID-19 climate where social distancing and working from home are currently enforced by the Government. She outlines what technologies could be useful to solicitors working remotely and assisting clients to navigate the legal system in light of the new restrictions. She also provides insightful tips on making conferences, mediations and hearings run as smoothly as possible.
Practical checklists for remote working
Home office:
Have you checked that your…
1) data is regularly updated to the cloud or to an offsite location?
2) back up device is ready to go so if your primary device has an issue you can keep working?
3) software updates are under control?
4) home office has the capability to video conference, keeping in mind that many smart phones / tablets / laptops have a built in camera?
5) headphones / headset is available to keep freedom of movement while you are on a telephone or video conference?
6) home office matches the flow of your normal office as much as possible?
Electronic briefs:
Have you considered …
1) providing counsel with an electronic brief?
2) discussing the most efficient way to provide the brief with counsel to save time?
3) whether email is possible, or if the attachments are too cumbersome, using a file sharing service such as Dropbox, TA law, OneDrive, Google Docs or Sharepoint?
4) how the brief can be most easily updated, such as by using a file sharing platform as a single central location for all brief documents?
5) generating an index, such as one exported from your file management program, adapted from a court portal, or by the following file naming structure: YYYY-MM-DD [Document Title – including reference to any annexures] [Index number]?
6) bookmarking the PDF file, if all documents are provided as a single PDF file?
7) providing documents in a searchable PDF format or using OCR so they can be searched?
File based work
Have you considered whether …
1) clients would want to conduct a court event or ADR by video rather than facing delays?
2) a video conference (such as by Zoom) with the client and counsel ahead of an electronic court event or ADR would assist with building trust in the process?
3) in case of court events being unable to proceed by video, whether they would be suitable for mediation or arbitration?
4) some work can be brought forward now to avoid delays when face to face events resume?
Some technology to consider:
Videoconferencing / video calls
Zoom (zoom.us and most app stores)
Microsoft Teams (https://products.office.com/en-au/microsoft-teams/group-chat-software and most app stores)
Google Hangouts (https://hangouts.google.com/ and most app stores)
WhatsApp (most app stores)
FaceTime (iPhones and iPads)
Productivity
Scanning documents: CamScanner (most app stores)
Team communication: Slack (most app stores)
Workflows: Trello (most app stores)
Checklists: Wunderlist (most app stores)
Limiting time on non-work websites: StayFocusd (https://chrome.google.com/webstore/detail/stayfocusd/laankejkbhbdhmipfmgcngdelahlfoji?hl=en)
Notetaking: GoodNotes (most app stores)
Annotating PDFs: LiquidText (most app stores)
Data backup / file sharing
iCloud (https://www.icloud.com/)
Google Drive (www.google.com/drive)
Dropbox (www.dropbox.com)
Microsoft OneDrive (https://support.office.com/en-au/onedrive)
Microsoft SharePoint (https://products.office.com/en-au/sharepoint/collaboration)
Dr Ian Freckelton QC discusses disciplinary proceedings undertaken against legal and health practitioners before VCAT. He identifies that in such proceeding the stakes are high; claims made against a practitioner can have resounding effects on their reputation and commercial viability, their family life, and their physical and mental health.
Scott Cromb discusses a plan of attack when dealing with statutory demands. He first outlines what a statutory demand is and shares insights into the three key stages in the life of a statutory demand.
Glen Pauline discusses Franchising and focuses on the New Franchising Code of Conduct, some case law concerning breaches of the Code, and key take outs from those decisions.
Angelo Germano discusses Retail Leases and provides an update on recent cases. He breaks down the podcast into multiple topics, including what is a retail lease, the ability to charge and recover outgoings, the changing use during the term of a retail lease and repudiation of a retail lease.
Margarita Fudim talks about ‘aggregation of multiple injuries and the issue of disentanglement’. It is a common topic occurring often in serious injury applications, especially those matters that proceed to originating motion hearings. She outlines what injuries can be generally aggregated together and what injuries or impairments need to be disentangled. Confusion around this topic continues to occur and Margarita focuses on physical injuries in order to help clarify some of the confusion.
Caitlin Dwyer talks about ‘Coming to the Bar’. She addresses the topic in four chapters: Whether and when to come to the bar, how to come to the bar, what to do once invited into the readers course, and finally the first few months and years at the bar. She also discusses the current February 2020 state of affairs in regards to the major steps of coming to the bar as it is potentially currently influencing bar participants decisions.
Julia Kretzenbacher discusses Ethics for the Criminal Practitioner. She discusses two areas where ethical issues can often arise for criminal practitioners. First, she will discuss the formation of the lawyer/client relationship and how a retainer may be implied. She also discusses ethical issues that may arise when acting for co-accused and things to be aware of in those circumstances.
In this episode ‘Can one have sympathy for the devil?’, Daniel Cash discusses representing respondents in family violence intervention order proceedings who become applicants in family law proceedings to seek orders to spend time with their children, who can then face charges of breaching intervention orders and/or sexual assault in the criminal courts.
Gareth Redenbach presents an update on International Tax by way of focusing on what’s happened in 2019 and the first part of 2020 in the International Tax sphere. 2019 became a banner year in terms of new types of international tax laws or new interpretations of different parts of international tax law. He discusses how the application of the residency test has changed for natural persons in 2019, matters relating to the Glencor decision and transfer pricing, as well as other matters that are of particular interest to large corporate tax payers and those that effect smaller tax payers.
Philip Barton examines caveats against dealings under the Transfer of Land Act. He discusses proceedings by the Legal Services Commissioner against solicitors concerning caveats, caveat removal procedures, and tests for caveat removal. He breaks the topic of caveatable interests down into caveats related to legal interests, equitable interests and trusts, sale of land, building works, and charges including solicitor’s charges.
Gareth Redenbach discusses the taxpayer’s burden of proof and how they may discharge that burden of proof. He dives into the history of the burden of proof and outlines the facts, submissions and decisions in recent cases and proves that this burden of proof is not a matter that is only relevant to small or medium enterprises or only relevant to large corporations.
Dr Rishi Gulati provides an update as to the developments in international dispute resolution, especially in the sphere of international economic law. Noting the crisis at the WTO Appellate Body, and the EU proposal to create a Multilateral Investment Court, Dr Gulati provides a brief overview as to the developments that may be expected in 2020.
Lucy Line discusses the new laws bought about in the ‘Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019’. She outlines the new laws and why they have been enacted, gives specifics on what is a whistleblower and their rights according to the law reform, risks associated as a result of that law reform, and advises on drafting a whistleblower policy.
Adrian Hoel defines PII as a rule of evidence which operates to restrict the production of otherwise relevant evidence in legal proceedings where its disclosure would be against the public interest. Author Adrian Hoel references timely examples and focuses on PII in the civil discovery processes.