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 simp...
Mar 12, 2021•59 min•Season 2Ep. 15
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 agree...
Mar 12, 2021•1 hr 17 min•Season 2Ep. 14
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 underta...
Mar 11, 2021•1 hr 24 min•Season 2Ep. 13
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 pa...
Mar 10, 2021•42 min•Season 2Ep. 12
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.
Mar 09, 2021•55 min•Season 2Ep. 11
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.
Mar 05, 2021•51 min•Season 2Ep. 10
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.
Mar 03, 2021•38 min•Season 2Ep. 9
Sam Tovey and Kate Ballard provide a guide to indictable driving offences.
Feb 24, 2021•1 hr 6 min•Season 2Ep. 8
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 regula...
Feb 23, 2021•49 min•Season 2Ep. 7
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.
Feb 17, 2021•54 min•Season 2Ep. 6
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 l...
Feb 09, 2021•1 hr 2 min•Season 2Ep. 5
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.
Feb 04, 2021•46 min•Season 2Ep. 4
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 Hi...
Feb 02, 2021•31 min•Season 2Ep. 3
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 ...
Jan 27, 2021•45 min•Season 2Ep. 2
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
Jan 18, 2021•41 min•Season 2Ep. 1
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.
Oct 01, 2020•1 hr 2 min•Season 1Ep. 22
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 ...
Aug 11, 2020•49 min•Season 1Ep. 21
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 ap...
Jul 22, 2020•1 hr 11 min•Season 1Ep. 20
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 Co...
Jun 16, 2020•1 hr 3 min•Season 1Ep. 19
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.
May 20, 2020•49 min•Season 1Ep. 18
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 va...
May 05, 2020•1 hr 2 min•Season 1Ep. 17
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.
Apr 08, 2020•39 min•Season 1Ep. 16
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 fo...
Apr 08, 2020•51 min•Season 1Ep. 15
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.
Mar 24, 2020•1 hr 17 min•Season 1Ep. 14
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.
Mar 23, 2020•31 min•Season 1Ep. 13
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.
Mar 02, 2020•56 min•Season 1Ep. 12
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.
Mar 02, 2020•36 min•Season 1Ep. 11
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....
Mar 02, 2020•29 min•Season 1Ep. 10
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.
Mar 01, 2020•48 min•Season 1Ep. 9
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.
Mar 01, 2020•32 min•Season 1Ep. 8
