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 an...
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.
[Reupload: Audio Issues Fixed] 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 .
[Reupload: Audio Issues Fixed] 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.
[Reupload: Fixed Audio Issues] 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.
Mark McKillop and Michelle Button discuss how to improve the use of the current tools available in mediation practice. 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 admit...
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 ...
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 COVI...
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. Mark Gumbleton, Carlin Grant, Tim McCulloch and Sai Ranjit discuss the defence of drug trafficking charges and how to approach strong cases against your client. Important techniques to strengthen your case such as exclusion of evidence based on police authority, validity of search warrants and use of surveillance devices are examined. Mark Gumbleton...
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. Glenn Casement and Mietta McDonald discuss methods of mitigating general deterrence in sentencing. Methods and supporting precedents are presented as a way to tackle general deterrence when it appears in your case. Glenn Casement has been a Barrister for over 15 years having been admitted in 2001, and signed the Bar roll in 2003. He also recently sp...
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 cl...
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 . 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 experien...
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 . 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 Mar...
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 . 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...
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...
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 im...
