In this episode, we’ll finish the last instalment of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to subpoenas, affidavits, expert evidence, originating motions, applications, place and mode of trial, trial itself, and security for costs. Here’s the link to the Supreme Court discussion of the different types of subpoenas. You can fine the notes here . And, just like that, our discussions draw to an end. The Victorian Bar recor...
Oct 22, 2020•31 min•Season 1Ep. 24
In this episode, we’ll finish the third of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to discovery and inspection of documents, preliminary discovery and discovery from non-party, amendment, inspection, detention and preservation of property, freezing orders, injunctions, and evidence generally. Here’s the link to the Supreme Court Practice Note relating to Freezing Orders. In our next episode, we’ll fini...
Oct 18, 2020•42 min•Season 1Ep. 23
In this episode, we’ll finish the second of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to summary judgment, summary stay or dismissal of claim and striking out pleading, offers of compromise, and we’ll start discovery and inspection of documents. In out next episode, we’ll keep going with the rules. You can find the notes here...
Oct 15, 2020•46 min•Season 1Ep. 22
This episode we’ll start the first of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to process in the court, joinder of claims and parties, counterclaim, third party procedure, and the rules of pleadings. We bid a fond farewell to the Judicial College commentary. In our next episode, we’ll keep going with the rules. You can find the notes here ....
Oct 08, 2020•46 min•Season 1Ep. 21
This episode we’ll finish discussing the Civil Procedure Act 2010 (Vic) provisions relating to the commencement and conduct of civil proceedings (Chapter 4) and appropriate dispute resolution (Chapter 5). As always, we’re helped out by the discussion published by the Judicial College of Victoria as to the relevant parts of the Civil Procedure Act, which you can find in the Civil Procedure bench book here . In out next episode, we’ll start looking at the Supreme Court (General Civil Procedure) Ru...
Oct 06, 2020•46 min•Season 1Ep. 20
This episode we’ll finish discussing sentencing and then start tackling civil procedure by looking at the parts of the Civil Procedure Act 2010 (Vic) relating to its overarching purpose, the overarching obligations, and sanctions for non-compliance. As always, we’re helped out by the discussion published by the Judicial College of Victoria. You’ll find their thorough Sentencing Manual by following the link from here , and you can find the discussion of the relevant parts of the Civil Procedure A...
Oct 02, 2020•37 min•Season 1Ep. 19
This episode we’ll keep chatting about the Sentencing Act 1991 (Vic) by continuing to look at all of the detail of available dispositions under the Act, No notes this episode for the last time, but you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for Sentencing Act chats is the Victorian sentencing manual . In out next episode, we’ll wrap up sentencing, and start our sprint to the finish b...
Sep 30, 2020•42 min•Season 1Ep. 18
This episode we’ll start chatting about the Sentencing Act 1991 (Vic) by looking at the introductory provisions, finishing up with provisions relating to custodial sentences. No notes this episode or next, you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for Sentencing Act chats is the Victorian sentencing manual . In out next episode, we’ll very nearly finish the sentencing discussion , l...
Sep 24, 2020•46 min•Season 1Ep. 17
This episode we’ll finish discussing the Jury Directions Act 2015 (Vic) by looking at the evidential directions, finishing up with general directions. No notes this episode, you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for a Jury Directions Act conversation is the criminal charge book . In out next episode, we’ll start discussing the Sentencing Act in our penultimate discussion on crim...
Sep 21, 2020•51 min•Season 1Ep. 16
This episode we’ll finish discussing the Bail Act 1977 (Vic) and get started on the Jury Directions Act 2015 (Vic). As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for bail, and there’s a great discussion of how the Jury Directions Act works starting here . In out next episode, we’ll finish the Jury Directions Act by looking at evidential and general directions. You can find the notes here ....
Sep 18, 2020•46 min•Season 1Ep. 15
This episode we’ll continue discussing the Criminal Procedure Act, starting with appeals from superior court decisions, including interlocutory appeals, and cases stated. We then move onto an introduction to the Bail Act 1977 (Vic). As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for appeals and cases stated, and here for bail. In out next episode, we’ll finish up bail and introduce the Jury Directions Act 2015 (Vic). You can find the no...
Sep 14, 2020•47 min•Season 1Ep. 14
This episode we’ll continue discussing the Criminal Procedure Act. We’ll start with committal proceedings, and then move onto Victorian Criminal trial procedure. As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for committal procedure, and here for trial procedure. In out next episode, we’ll move onto appeals from superior court decisions, and the first part of our bail discussion. You can find the notes here ....
Sep 08, 2020•51 min•Season 1Ep. 13
This episode we’ll start looking at Victorian Criminal Procedure and the provisions of the Criminal Procedure Act. We start with commencing criminal proceedings, moving onto summary procedure, and then wrap up with the appeals available from decisions of the Magistrates’ Court. As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for summary procedure, and here for appeals. In out next episode, we’ll move onto committal procedure, and trials ...
Sep 03, 2020•50 min•Season 1Ep. 12
This episode we’ll wrap up the relevant ethical principles that apply to barristers, looking at Part 5.4 of Schedule 1 of the Legal Profession Uniform Law Application Act 2014 , which relates to disciplinary matters, and the overarching obligations in the Civil Procedure Act 2010 . In out next episode, we’ll start looking at criminal procedure, focusing on initiation of matters, and summary procedure. You can find the notes here ....
Sep 01, 2020•28 min•Season 1Ep. 11
With the law of evidence now done and dusted, it’s time to switch to a new topic. This episode we’ll start to discuss the the ethical principles that apply to barristers. In discussion one of two, let’s take a look at the Legal Profession Uniform Conduct (Barristers) Rules 2015 . In out next episode, our second and final ethics chat. You can find the notes here ....
Aug 10, 2020•42 min•Season 1Ep. 10
It’s time to transition from looking at the evidentiary rules and principles, to considering how to attempt past exams. This episode we’ll review the rules of evidence that we’ve discussed, with a special emphasis on approaching legal problem solving. There is also a guest appearance by a very loud bird in the background. In our next episode, we’ll move on, at last, to ethics. You can find the notes, and other resources, here . You’ll find past exams published by the Vicbar (and suggested answer...
Jul 31, 2020•57 min•Season 1Ep. 9
In our very last substantive evidence discussion, we chat about the principles of admissibility, and exclusion, of hearsay evidence. In our next episode, we’ll revisit and review each of those evidentiary rules in readiness for past exam problem solving.You can find the notes, and other resources, here . The Judicial College of Victoria provides an absolute wealth of resources for the principles governing the admissibility and exclusionary rules relating to hearsay starting here ....
Jul 31, 2020•54 min•Season 1Ep. 8
Today, we chat about the principles of admissibility, and exclusion, of admissions and unlawfully or improperly obtained real evidence. In our next episode, our very last deep dig into evidence, will look at the hearsay rule and its many exceptions. You can find the notes, and other resources, here . The Judicial College of Victoria provides an absolute wealth of resources for the principles governing the admissibility and exclusionary rules relating to admissions starting here . The resources r...
Jul 28, 2020•52 min•Season 1Ep. 7
Let’s shift to topics that don’t require quite the same level of heavy lifting that we’ve become used to. Today, we’ll look at identification evidence and opinion evidence, including the related topic of expert evidence. In our next episode we'll be looking at admissions, and exclusion. You can find the notes, and other resources, here . The Judicial College of Victoria provides an absolute wealth of resources for the principles governing admissibility of identification evidence starting here , ...
Jul 22, 2020•46 min•Season 1Ep. 6
Often considered one of the trickier areas of evidence law, today we will look at the principles of admissibility and exclusion of tendency and coincidence evidence. In our next episode, we'll turn to identification evidence, and opinion and expert evidence. You can find the notes, and other resources, here . The Judicial College of Victoria provides an absolute wealth of resources for the principles governing admissibility and exclusion of tendency evidence and coincidence evidence starting her...
Jul 17, 2020•55 min•Season 1Ep. 5
Today we tackle the last of the evidentiary privileges - client legal privilege, before moving into the tricky rules of admissibility of credibility evidence. In our next episode, we'll grapple with tendency and coincidence evidence. You can find the notes, and other resources, here . The Judicial College of Victoria provides an absolute wealth of resources on client legal privilege , and the credibility rules ....
Jul 15, 2020•53 min•Season 1Ep. 4
Now that we’ve managed the most difficult part of law studies (getting started), we’re well on our way. Today, we’ll look at the principles and procedures guiding cross-examination – don’t forget that those procedures are linked to the principles of credibility evidence, but let’s not get ahead of ourselves. In our last leg of the journey, we’ll pull on our wetsuits and taking a deep dive into privilege, peeking at the Uniform Evidence Act provisions on the privilege against self-incrimination, ...
Jul 10, 2020•50 min•Season 1Ep. 3
A warm welcome to our discussion of Victorian evidence law. We’ll start at the very beginning, and that is the principles of relevance, discretionary and mandatory exclusion. We travel through circumstantial evidence, particularly in criminal cases, before catching our first glimpse of the rules governing competence and compellability in witnesses. Examination in chief is our final destination, including non-leading questions, restoring memory, unfavourable witnesses and our first mention of Jon...
Jul 08, 2020•53 min•Season 1Ep. 2
An enormous hurdle to getting started in self-led study is knowing where to begin. In this episode, we had the honour of being joined by three lawyers who faced the challenge of the Victorian Bar Entrance exam, and passed. Matt Murphy , and Sam Profitt , who have both recently signed the Bar Roll, and Bridie Kelly, Senior Associate to the Chief Judge of the County Court, share their wisdom and tips. Matt’s advice for building concentration involved the Pomodoro technique . There are lots of apps...
Jul 02, 2020•42 min•Season 1Ep. 1
Are you thinking of sitting the Victorian Bar Entrance exam in November? Welcome to the Head to the Bar podcast. We'll explore the examinable law, wandering leisurely through 30 hours of Victorian evidence law, criminal procedure, civil procedure, ethics, and exam strategy. You'll also be able to download a full set of law notes for your information. Proudly hosted by Dr Martine Marich, acting in a private, non-judicial and purely voluntary capacity.
Jul 01, 2020•47 sec
