Hello my friend!

It's me, Sarah, popping into your feed to share with you a brand-new show I've been working on called "Sh!t They Don't Teach You at Law School".

It's a special, hand delivery just for you (because you're awesome).

If you like what you hear:

EPISODE 2 IS ALREADY LIVE!! And you can listen to it here (featuring Danielle Keyes, Group General Counsel of Nova Entertainment)
You can follow the show on Spotify here
You can follow the show on Apple here

And hey, I mean, even if you're only ~lukewarm~ on what you hear, I won't be offended if you throw me a pity follow. In fact, I'd pretty much do a jig.

I'll be back making more Brief Case eps very soon (HOORAY) :)

But in the meantime, I hope to see you over on the newest little legal podcast that's trying to change the world!

Love ya, mean it!

Your friend,

SEK

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist ⁠Sarah-Elke Kraal⁠.

"Season three CLOSING ADDRESS with Chief Justice Debra Sue Mortimer (Federal Court of Australia)"

In episode 42, we sit down with newly appointed Chief Justice Mortimer to discuss the current friction points of the court; the importance of knowing your practice directions; and the legacy her Honour hopes to create during her term as Chief.

TL;DR: read your practice directions (especially around Disclosure) before you go to court otherwise you might get a little fright.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

⁠Discover a UQ postgraduate program custom-built for you⁠.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

"Demystifying the laws against human trafficking and people smuggling"

In episode 41, we sit down with Lecturer in Advanced Crime and Criminology, Joseph Lelliot, to discuss his research—and the recent developments around—human trafficking and people smuggling.

Joseph discusses:

Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;
Migration Act 1958 (Cth); and
whether a trafficked person should be punished for crimes they committed as a result of their situation as a trafficked person.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

"Insights from the District Court Queensland with Chief Judge Brian Devereaux SC"

In episode 40, we sit down with his Honour to answer these (and many other) pressing questions:

What happens after a judicial swearing-in ceremony?
Is there a big red phone with a direct line to the Attorney General?
What song would his Honour like played whenever he enters the court?

Plus, tune in to find out the somewhat more substantive matters that have been exercising the Chief Judge’s mind lately… and to hear my (completely unsolicited) suggestions to his Honour for possibly the best judicial marketing campaign ever.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

"You're the Voice... Do you understand it?"

In episode 39, we sit down with Senior Lecturer in Constitutional Law and Colonialism, Dylan Lino, to discuss the Voice to Parliament.

Dylan explains how enshrining an Australian federal advisory body to represent the views of Indigenous communities into the Australian Constitution might work on the ground (including discussing some international examples), as well as provides a handy dandy summary of the yes/no arguments for your kind review and approval.

(He also answers one of my favourite "would you rather" questions to date, as inspired by my very own nightmares.)

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

PSA*

In this episode I make an 🥳exclusive🥳 announcement about the most hotly anticipated legal podcast ever... "SH!T THEY DON'T TEACH YOU AT LAW SCHOOL"!

If you want to get involved with this exciting project, here's the info you need:

Connect with Sarah on LinkedIn: https://www.linkedin.com/in/sarahelkekraal/
2 second anonymous survey: https://www.surveymonkey.com/r/G7CD557
The survey what signs you up to the mailing list: https://view.flodesk.com/pages/64d837196c7994e1535b2248

"Closing the gap with Thelma Schwartz"

In episode 38, we catch up with the inimitable Thelma Schwartz who is Principal Legal Officer at QIFVLS, and an award-winning advocate for some of the most vulnerable clients in our community.

Thelma discusses:

The National Agreement on Closing the Gap and in particular, the four justice targets (10, 11, 12 and 13);
her work in driving systemic change and protecting Aboriginal and Torres Strait Islander women and children from family and domestic violence;
the importance of trauma awareness when dealing with vulnerable clients; and
how taxi drivers can teach you to be a better lawyer.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com. New website coming soon!

"Meet the viral lawyer who is disrupting toxic firm culture"

In episode 37, we step away from substantive law (just for a hot second, calm your farm) to talk about something else that is impacting day-to-day legal practise:

BULLYING.

No matter where you are in the legal ecosystem, it seems everyone has a story. I recently caught up with Stefanie Costi, a Sydney lawyer who went viral with a post on LinkedIn about her own bullying experience.

Stef is now on a mission to disrupt the culture of silence in law, and to mobilise our colleagues to start advocating for each other in the workplace.

So what is the most surprising thing Stef learned in the aftermath of her virality?

You'll have to listen to find out!

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com. New website coming soon!

"Restrictive practices, elder abuse, and guardianship update with Public Advocate John Chesterman"

In episode 36, I somewhat existentially ask "what is the Public Advocate?!".

And Dr John Chesterman, Public Advocate (Qld)kindly explains!

We chatted all about his work in driving legal and social change for adults with impaired decision-making abilities, including fighting elder abuse (and what to do if you suspect a client is at risk); NDIS reform; restrictive practices; and what we might expect from a number of critical reforms that are on the horizon.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com. New website coming soon!

"The Dissents that Michael Kirby Loved (Part Two): Nothing about us, without us"

In episode 35, we conclude our Kirby Carnival with PART TWO of my interview with the Hon. Michael Kirby AM!

KirbyCarnival #bestHashtagEver

In this series, Mr Kirby references:

Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562; 78 ALJR 1099; 208 ALR 124 (6 Aug 2004)
New South Wales v Commonwealth [2006] HCA 52; 81 ALJR 34; 231 ALR 1 (14 November 2006)
Wurridjal v The Commonwealth of Australia [2009] HCA 2 (2 February 2009)

PSA: You can access PART ONE of my interview with Mr Kirby here. And BONUS! When you listen to both parts 1 & 2 in succession, you may be able to claim 0.5 CPD points in substantive law (pending the rules in your state or territory). You’re welcome!

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

With my sincere thanks once again to the team at QT Sydney for relieving my pre-Kirby heart palpitations with lavish accommodation at their luxe, designer hotel in the Sydney CBD! Next time you’re in town, say hello – I basically live here now (but don’t tell the concierge).

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Professor Rain Liivoja, Professor and Deputy Dean (Research), TC Beirne School of Law, University of Queensland.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Skynet on the battlefield: Are the laws of war keeping up with technology?

Rain discusses:

The Rome Statute of the International Criminal Court
Brereton Report
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555

PSA: This episode may be CPD-claimable for 0.5 point in Substantive Law pending the rules in your State or Territory.

PS: I really wanted to call this episode "War! Laws! What are they good for? (Sing it again)" but unfortunately my sense of propriety stopped me. But I assure I continue to work on eliminating that sense entirely.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Alison Cusack, Principal, Cusack & Co Maritime Law.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Titan(ic) maritime disasters and SOLAS

Alison discusses:

International Convention for the Safety of Life at Sea (SOLAS), 1974
The International Convention for the Prevention of Pollution from Ships (MARPOL)

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Dr Rebecca Arnanian-Welsh, Associate Professor of Law, University of Queensland.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Press freedom, espionage, and Ben Roberts-Smith with Dr Rebecca Arnanian-Welsh

Bec discusses:

s126K, Evidence Act 1995 (Cth)
s14V, Evidence Act 1977 (Qld)
2019 AFP Raids on Australian Journalists
The Afghan Files story by Dan Oakes
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555

PSA: This episode may be CPD-claimable for 0.5 point in Substantive Law pending the rules in your State or Territory.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Senior Judicial Registrar Anne-Marie Rice, Executive Director, National Registrar Operations and Practice, Federal Circuit and Family Court of Australia.

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

. No more gladiators: An FCFCOA Pulse-Check with SJR Rice

“One of the biggest misconceptions about what happened on 1 September 2021 was that there was just a merger of two courts. So many other things happened simultaneously.” – Senior Judicial Registrar Anne-Marie Rice

This episode looks deeply at one question: what are you doing to further the overarching purpose of the Family Law Act 1975 (Cth); that is, to facilitate the just resolution of your client's dispute as quickly and efficiently as possible?

The sands have shifted in the FCFCOA's case management approach, and the message is clear: no more legal gladiators. No more weaponising of gratuitous legal arguments. No more positions-based battles designed to heighten the drama.

The focus is on resolution; and the noble pursuit of the lawyer has swung like a pendulum from combat to closure.

So what will you say when you are pointedly asked this question by the Judicial Registrar managing your client's matter?

SJR Rice references the following practice direction: Central Practice Direction: General Federal Law proceedings (1 September 2021).

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

In episode 30, we hit the road to interview a very special guest for our SEASON THREE PREMIERE—the Hon. Michael Kirby AM!

PinchMeMoment

This is part one of my interview with Mr Kirby, so stay tuned for part two which will drop a little later in the season :)

SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

(https://law.uq.edu.au/?utm_source=the-brief-case&utm_medium=referral&utm_campaign=all-bel-pgcw-llm) .

With my sincere thanks to the team at QT Sydney for rescuing me from ordinary accommodation with their luxe, designer hotel in the heart of the Sydney CBD!

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist ⁠Sarah-Elke Kraal⁠.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Queensland's very own brilliant and stylish legal icon, Colin Forrest, Barrister, Queensland Bar.

Show him some love!

"Everything you always wanted to know about arbitrating a family law property settlement but were afraid to ask"

Colin discusses:

ss10L and 13E, Family Law Act 1975 (Cth);
pros and cons of arbitrating a family law dispute;
how to have a family law property settlement 'done and dusted' in under 8 weeks from go to whoa; and
Why you should never call him 'Judge'.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Joyce Ong, CEO, Tax Nuggets Academy.

Show her some love!

Super and tax: The 2023 headlines with finfluencer Joyce Ong

Joyce discusses:

s100A, Income Tax Assessment Act (Cth) 1936, RE: "ordinary family dealings";
Proposed changes to Self Managed Superannuation Funds (re 30% tax on unrealised gains where assets valued at more than $3mil);
Really bad CPD; and
Weird Al Yankovic.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Cassandra Heilbronn, CEO, Family Office (Riyadh, Saudi Arabia).

Show her some love!

Fundamentals of Sports Law and Foot Hygiene with Cassandra Heilbronn

Cassandra discusses everything from the types of business structures, files and clients you typically find in sports law; as well as her current role as CEO of a prominent Saudi Family Office, including how ultra high-net value families manage and grow their wealth for current and future generations.

An absolutely fascinating conversation for anyone bemoaning being stuck in their home office who may/may not also have jack-hammering happening in their kitchen.

Or you know, someone less specific.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Queensland's Small Business Commissioner Dominique Lamb.

Show her some love!

Retail Shop Leases Act Reform with Small Business Commissioner Domonique Lamb

Commissioner Lamb discusses:

Retail Shop Leases Act 1994 (Qld)
Small Business Commissioner Act 2022 (Qld)
Toombul Shopping Centre (owned by Mirvac Group): 2022 flood aftermath, and renewal - https://www.toombul.com.au/renewal
Lismore Shopping Square (owned by McConaghy Properties): 2022 flood aftermath, and renewal - https://mcconaghyproperties.com.au/centre/lismore-shopping-square/

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Emeritus Professor Steven Freeland, Western Sydney University; Co-Principal, Azimuth Advisory; Chair, United Nations Committee for the Peaceful Uses of Outer Space, and Board Member, Australian Space Agency.

Show him some love!

"Fundamentals of Space Law with Professor Steven Freeland"

Steven discusses:

The Artemis Accords
The "Declaration of Legal Principles" (1963) and "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies" (1967)
Australian Space Agency.

PSA: Professor Freeland has kindly offered to answer any questions you might have after listening to this episode, so feel free to get in touch! You can email me by writing to hello [at] briefcasepod.com or you can reach out directly to Steven on LinkedIn!

Subscribe to The Brief Case: EXCESS BAGGAGE to hear the extended, CPD-claimable version of this interview!

Instructions

Apple Podcasts: Hit the handy-dandy SUBSCRIBE button, and you're off!

Spotify listeners go to here: https://anchor.fm/briefcasepod/subscribe

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My amazing guest in this episode is Eunika Kurek, Senior Legal Counsel, Unilever Australia.

Show her some love!

!!PSA!! If you like what we put down in this episode, you may be able to claim 1.0 CPD point in substantive law for the extended version which is available NOW for subscribers of The Brief Case: Excess Baggage (pending the rules of your State or Territory). Hit "SUBSCRIBE" in your podcast platform of choice to access this and many other CPD claimable interviews - and start claiming the points already in your pocket!

Understanding Copyright in the Age of ChatGPT (aka 'The one that will make you want to watch the movie "Her"')

Eunika discusses:

ChatGPT, accessible at: https://chat.openai.com
DALL-E, accessible at: https://openai.com/dall-e-2/
The US (and UK) case of GETTY IMAGES (US), INC. v STABILITY AI, INC.: https://fingfx.thomsonreuters.com/gfx/legaldocs/byvrlkmwnve/GETTY%20IMAGES%20AI%20LAWSUIT%20complaint.pdf
The US case involving a number of artists who have filed a claim for violation of their rights: https://stablediffusionlitigation.com/pdf/00201/1-1-stable-diffusion-complaint.pdf
Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd [2010] FCA 29 (4 February 2010))

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is:

Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law)—Qld

Succession: The Capacity Continuum

Karen discusses:

Queensland Handbook for Practitioners on Legal Capacity, as prepared by Allens and Queensland Advocacy Incorporated
Banks v Goodfellow (1870) LR 5 QB 549 (as adapted for modern life in more recent cases)
Ss14, 15 Succession Act 1981 (Qld)
Birt v PTQ [2013] QSC 13 at para [94]

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Thank you for listening to The Brief Case!

A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

On this episode, we spend 30 minutes with the one and only Stafford Shepherd — Adjunct Professor, School of Law and Justice, University of Southern Queensland.

This conversation is inspired by the oft judicially referenced Leo Tolstoy quote from Anna Karenina:

"All happy families are alike; each unhappy family is unhappy in its own way."

(See for example paragraph 1 of the judgement of Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza and Ors [2014] QSC 37)

Join us as we embark on an ethical journey through the lessons Stafford has personally learned from the writings of Leo Tolstoy!

PSA: This interview may be CPD claimable for 0.5 points in practical legal ethics (pending the specific CPD Rules in your State or Territory).

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is an AI version of Richard M. Nixon, by way of Sidhant Chadda's Historical Figures - one of many AI chatbots that you can use to chat with lawyers from the past!

But after interviewing AI Richard, I think I can safely say that AI will not be replacing lawyers any time soon... At least not on this show :)

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

It's SEASON TWO!

(Hooray)

My guest on this debut episode is Dan Rogers, Principal and Legal Director, Robertson O'Gorman Solicitors; President, Caxton Legal Centre; Attorney-General's Appointee to Queensland Law Society Council, and Accredited Specialist (Criminal Law) — Qld.

Show him some love!

PSA: This interview may be CPD claimable for 0.5 points in substantive law (pending the specific CPD Rules in your State or Territory).

Episode 20: The Human Rights Act 2019 (Qld) is as cool as surfing

The legislation Dan discusses in this episode is The Human Rights Act 2019 (Qld).

The cases Dan references are:

Firestone v Australian National university (2004) ACTSC 76;
Department of Human Services v Sanding [2011] 36 VR 221.

The resources Dan references are:

Alistair Pound and Kylie Evans, Annotated Victorian Charter of Rights (Thomson Reuters, 2nd ed, 2018); and
Chapter 64 of Caxton Legal Centre's The Queensland Law Handbook, "Human Rights Law in Queensland" (available at queenslandlawhandbook.org.au).

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My very special guest in this episode is the Honourable Chief Justice Helen Bowskill, Supreme Court of Queensland.

In our exciting Inaugural Christmas Message episode, HH reflects on the year that has been, and gives valuable insight into what we can expect from the Court in 2023.

Also HH answers perhaps the most important question of all: Will she do a TikTok dance with me?

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Chief Magistrate Janelle Brassington, Magistrates Court of Queensland
Deputy Chief Magistrate Anthony Gett, Magistrates Court of Queensland

Show them some judicially appropriate love!

PSA: The Deputy Chief Magistrate's interview is CPD claimable for 0.5 points in substantive law. DCMG discusses:

Totaan v the Queen [2022] NSWCCA 75
s16A(2)(p), Crimes Act 1914 (Cth)
Mohamed v the Queen [2022] VCSA 136

He is also wearing a very nice tie.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Rebecca Fogerty, Accredited Specialist (Criminal Law)—Qld and Partner, Jasper Fogerty Lawyers.

Show her some love!

Rebecca examines the case of R v Lehrmann and in particular:

R v Lehrmann (No 3) [2022] ACTSC 145; and
DPP v Lehrmann (No 5) [2022] ACTSC 296.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

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On this episode, we spend 16 minutes with President Fleur Kingham, Land Court of Queensland, following her Honour's high profile judgment in Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21.

This decision is significant because, among other reasons, it is the first time human rights has been raised in Australia as a ground for refusal of a mining application.

And this episode is significant because I actually made a judicial officer roll their eyes. It's a proud day all around really.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

On this episode, we spend 30 minutes with the one and only Stafford Shepherd — Adjunct Professor, School of Law and Justice, University of Southern Queensland.

Stafford discusses:

Australian Solicitors Conduct Rules 2012 (in particular, rr 3, 4, 7.1, 8)
Ethical lessons learned from the late Sir Gerard Brennan
The Meditations of the Emperor Marcus Aurelius (in particular, Book 5)
The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony Kronman (in particular, the concept of the lawyer as a 'trusted advisor')
Nudge: Improving Decisions about Health, Wealth, and Happiness by Richard H. Thaler and Cass R. Sunstein (in particular, the careful curation of legal recommendations in furthering the client's best interests, and the ethics of influence)
Legal Profession Act 2007 (Qld) (generally).

Sarah mentions:

CYA letters. If you don't know what that initialism stands for, do you even go here?

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest this episode is Matthew Hickey OAM, Barrister, Queensland Bar.

Matt discusses:

Seven Network (Operations) Limited v Cricket Australia [2022] FCA 1290 - this case specifically relevant to proper form of pleadings, in particular, the use of the phrase "vague and embarrassing" in lieu of pleading an appropriate response to the allegation/s.
Gall v Domino's Pizza Enterprises Limited (No 3) [2022] FCA 1330 - this case specifically relevant to disclosure, legal professional privilege, and the issue of waiver.
BBL: Big Bash League (Australian professional cricket league, established by Cricket Australia); also verified by Google as being an initialism used by youths to refer to surgically enhanced posteriors or something.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this special episode are:

Peter Shields, Deputy President, Parole Board Queensland; and
Frank Higginson, Partner, Hynes Legal

Show them some love!

So what's in the Brief Case this week? It's a cool mashup between property (strata) and crime that uses the popular Netflix series The Watcher as a case study. Basically it's just me living my fantasy of combining TV with law and, well what can I say? I've been sick so you just have to humour me on this one.

View The Watcher on Netflix Australia. 100% unsponsored content. Just a TV tragic.

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Episode 12 – A Not-So-Brief Audience with Peter Shields and Parole Board Queensland

Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guest in this episode is Peter Shields, Deputy President, Parole Board Queensland.

Peter discusses:

the parole process and eligibility criteria in the Queensland criminal justice system
s13, Penalties and Sentences Act 1992 (Qld)
s192, Corrective Services Act 2006 (Qld)
Minogue v Victoria [2018] HCA 27
Queensland Parole System Review Final Report, November 2016, by Walter Sofronoff QC (as his Honour was then known)
An amazing collection of golden age Hollywood autographs as framed in his chambers—and all addressed to his mum—which time unfortunately precluded me from including in this chat but will definitely make its way into a future episode!

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Ben Cohen, Managing Partner, Bartley Cohen and Accredited Specialist (Commercial Litigation)—Qld
Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law)—Qld

Show them some love!

Disciplinary Law with Ben Cohen

Ben discusses:

Legal Services Commissioner v Jensen [2018] QCAT 264
Legal Services Commissioner v Baker [2006] QCA 145
s487(2) of Legal Profession Act 2007 (Qld)

Equity with Karen Gaston

Karen discusses:

Bosanac v Commissioner of Taxation & Anor [2022] HCA 34(“not a tax case, you’ll be pleased to know”)
This discussion specifically relevant to the dualling equitable presumptions of (1) a resulting trust; and (2) advancement.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Nick Dore, Managing Principal, Fisher Dore Lawyers and Accredited Specialist (Criminal Law) — Qld;
Steve Herd, Principal, Fisher Dore Lawyers and Accredited Specialist (Personal Injuries) — Qld.

Show them some love!

Steve discusses the cases:

Walker v State of Queensland [2022] QDC 168
Eaves v Donelly [2011] QDC 207

Nick provides commentary on police procedure and reveals whether or not he has ever sat in a watch house (or worn handcuffs).

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Episode 9 – Critical Incident List (Family Law) and Conveyancing Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal. Catch us on Instagram (@briefcasepod), the world wide web: www.briefcasepod.com, & connect with Sarah on LinkedIn! My guests in this episode are:

The Honourable Justice Jacoba Brasch, Federal Circuit and Family Court of Australia (Division 1) Rod Johansen, Owner, Johansen Lawyers and Total Conveyancing Guru

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Critical Incidents List and the Federal Circuit and Family Court of Australia with the Honourable Justice Jacoba Brasch: Her Honour discusses the newly introduced Critical Incident List, with specific reference to Family Law Practice Direction: Critical Incident List, available on the FCFCOA website. (POV: If you haven't listened to the Pet Shop Boys in the car at full volume, well frankly, It's a Sin.) Conveyancing with Rod Johansen: Rod discusses the best-practice principle of picking up the phone, as he learned first-hand in: IVI P/L v Baycrown P/L [2005] QCA 205.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law) — Qld (Episode 1)
Nick Dore, Principal, Fisher Dore Lawyers, and Accredited Specialist (Criminal Law) — Qld (Episode 2)
Frank Higginson, Partner, Hynes Legal (Episode 3)
Brian Herd, Partner, HopgoodGanim Lawyers (Episode 4)

Show them some love! You can find links to their socials on the website: www.briefcasepod.com.

And you can find the full case and legislation references we make in this episode in the original episodes mentioned above. What, you're going to make me type them all out again? Pfft. Not likely.

Like clip shows? Hate 'em? Let me know! You can slide into the ye olde DMs or email me: hello[at]briefcasepod.com.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Paula Morreau, Barrister, Queensland Bar
Karen Gaston, Barrister, Queensland Bar; and Accredited Specialist (Succession Law)—Qld

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The "Main" Event: Hear Her Voice Report No.2 and the Coronial Inquest into the Death of Doreen Langham

Paula discusses: the Hear Her Voice Report No. 2
Paula makes significant reference to the Coroner's Court of Queensland Inquest into the Death of Doreen Langham
Paula makes mention of the Coroners Court of Queensland Inquest into the Death of Hannah Clarke

Trusts refresher (it's a brief one)

In a super short "nutshell" update, I ask Karen what the most common types of trusts are; leading to a lightning fast cheat sheet comparison between discretionary trusts and unit trusts.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My special guest this episode is the one and only, Honourable Chief Justice Helen Bowskill (Supreme Court of Queensland).

Show her Honour you care! Read Practice Direction Number 12 of 2022 (21 June 2022) and Practice Direction Number 4 of 2010 (reissued 8 April 2019).

Also don't whisper narky things under your breath at the bar table to your opponent because her Honour can totally hear you.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

On this episode, we spend 16 minutes with the one and only Tosin Aro, Special Counsel, Clayton Utz.

Tosin discusses the Native Title Act 1993 (Cth), the case of Bodney v Bennell [2008] FCAFC 63 and the basic elements of making a claim for native title through the lens of the Noongar people of South Western Australia. Enjoy part 1 of this conversation, where we gain insight into Tosin's impactful work in cultural heritage and native title.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (#briefcasepod) and the world wide web: www.briefcasepod.com.

On this episode, we spend 14 minutes with the one and only Brian Herd, Partner, HopgoodGanim Lawyers; winner, 2022 QLS Queensland Solicitor of the Year (Large Firm); and critically-acclaimed author, Avoiding the Ageing Parent Trap (available on Booktopia).

Buy the book. Trust me. In the words of Dorothy Zbornak, "it's just a hell of a book!".

The Quick and theRADs: Rules about refundable accommodation deposits when the person in care dies

Brian discusses the Aged Care Act 1997 (Cth), specifically with respect to the rules around refundable accommodation deposits where the person in care dies (and someone else paid the RAD). Where/who does the RAD get refunded to? What exactly does "apoplectic" mean? And what does all of this have to do with ugg boots? Let's find out.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Steve Herd, Principal, Fisher Dore Lawyers and Accredited Specialist (Personal Injuries)—Qld
Frank Higginson, Partner, Hynes Legal

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Vicarious Liability in PI with Steve Herd

Steve discusses: Schokman v CCIG Investments Pty Ltd [2022] QCA 38
This discussion relevant specifically to the doctrine of vicarious liability where an employment relationship exists.

Strata with Frank Higginson

Frank discusses: Office of the Commissioner for Body Corporate and Community Management's decision re: Allure Apartments, Townsville
This discussion relevant specifically to s116, Body Corporate and Community Management Act (QLD).

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Episode 2 – VAD and crime

Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Instagram (#briefcasepod) and the world wide web: www.briefcasepod.com. Thanks for subscribing and sharing this show with your lawyer friends!

My guests in this episode are:

Ruthie Jeanneret, PhD Student and Senior Research Assistant, Australian Centre for Health Law Research, Queensland University of Technology
Nick Dore, Managing Principal, Fisher Dore Lawyers, and Accredited Specialist (Criminal Law) — Qld

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1. Voluntary Assisted Dying update with Ruthie Jeanneret

Ruthie discusses: NTJ v NTJ (Human Rights) [2020] VCAT 547 (5 May 2020) — a decision of the Victorian Civil and Administrative Tribunal, Human Rights Division
Ruthie mentions: The Queensland Law Reform Commission’s Report — A legal framework for voluntary assisted dying[Report No. 79 (May 2021)]
This discussion relevant specifically to: The Voluntary Assisted Dying Act 2021 (Qld), passed in September 2021, effective 1 January 2023.

2. Criminal practice update with Nick Dore

Nick discusses: s133, Criminal Code Act 1899 (Qld)—Compounding a crime.

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Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

Catch us on Patreon (www.patreon.com/briefcasepod), Instagram (#briefcasepod) and the world wide web: www.briefcasepod.com.

My guests in this episode are:

Craig Nicol, Co-Author, Family Law Book; Principal, Small Myers Hughes, and Accredited Specialist (Family Law)
Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law) — Qld

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Family update with Craig Nicol

Craig discusses: Palange & Kalhoun [2022] FedCFamC2F 149 (16 February 2022): Parenting—one parent wants child to be vaccinated against COVID-19–other parent vaccination hesitant—Order child to be vaccinated against COVID-19.
This discussion specifically relevant to: Evidence Act 1995; Family Law Act 1975(Cth)

Succession/Trusts update with Karen Gaston

Karen discusses: Commissioner of Taxation v Carter [2022] HCA 10
This discussion specifically relevant to: s97, Income Tax Assessment Act 1936 (Cth)

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Welcome to The Brief Case Podcast — black letter law, like never before.

In this TRAILER episode, our host, Sarah-Elke Kraal, tries to record an introduction that won't offend any lawyers out there.

The Brief Case: Recent Episodes

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