Think Foley's
113 episodes - English - Latest episode: 20 days ago -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.
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Episodes
S5 Episode 11: Daze In Court - Dealing with Difficult Judges and Lawyers
April 08, 2024 21:00 - 1 hour - 84.6 MBIn 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 [email protected]!
S5 Episode 10: Franchise Law developments and case updates 2024
March 26, 2024 00:45 - 56 minutes - 77 MBIn 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.
S5 Episode 9: Recent Cases in the Court of Appeal 2024
March 20, 2024 23:03 - 59 minutes - 81.3 MBThis 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.
S5 Episode 8: When is a Conviction Spent? Advising Clients on the Spent Convictions Act and Related Legislation
March 18, 2024 20:00 - 1 hour - 83.9 MBThis 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.
S5 Episode 7: The Fog of Law - Section 137 of the Evidence Act
March 13, 2024 22:27 - 1 hour - 84.6 MBThis 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.
S5 Episode 6: The Presumption of Doli Incapax - What It Means for a Child to Know Their Actions are Seriously Morally Wrong
March 06, 2024 23:14 - 1 hour - 82.9 MBThis 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.
S5 Episode 5: Regulatory Law - Recent Cases on How to Respond to Quasi-Crime Investigations
March 04, 2024 22:33 - 48 minutes - 44.2 MBThis 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.
S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar
October 31, 2023 03:24 - 54 minutes - 72.8 MBIn 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 Ci...
S5 Episode 3: Contested Hearings - Practical Advice, Tips & Procedure
September 11, 2023 04:57 - 1 hour - 122 MBIn 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.
S5 Episode 2: Causation in Claims for Mental Harm - Analysing the Counterfactual Hypothesis
August 09, 2023 21:00 - 32 minutes - 45.2 MBIn 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.
S5 Episode 1: Copyright in the Artificial Intelligence Age
July 07, 2023 01:54 - 35 minutes - 48.8 MBIn 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.
S4 Episode 15: Recent Cases in the Court of Appeal 2023
July 05, 2023 01:24 - 1 hour - 92.5 MBPaul 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.
S4 Episode 14: Abuse of Process and Stay Applications in Criminal Proceedings
July 04, 2023 06:52 - 50 minutes - 69.7 MBThe 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.
S4 Episode 13: Second and Subsequent Appeals
June 29, 2023 00:52 - 1 hour - 47.5 MB[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.
S4 Episode 12: Hearsay and All Its Friends: Part 3.2 of the Evidence Act
June 27, 2023 05:48 - 1 hour - 46.2 MB[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.
S4 Episode 11: Spectrum Disorders and their Relevance in Crime
June 27, 2023 01:44 - 40 minutes - 55.4 MB[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.
S4 Episode 10: Best Practice Negotiation and Mediation Skills
March 06, 2023 03:03 - 41 minutes - 37.8 MBMark 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 Butto...
S4 Episode 10: Best Practice Mediation
March 06, 2023 03:03 - 41 minutes - 37.8 MBMark 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 Butto...
S4 Episode 9: Disclosure of Costs
February 27, 2023 00:20 - 28 minutes - 26.5 MBJulia 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 tri...
S4 Episode 8: Recent Decisions in the Court of Appeal - Foley's February 2022 Series Recap
February 06, 2023 04:27 - 56 minutes - 51.9 MBFollowing 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 releva...
S4 Episode 7: Defending Drug Trafficking Charges - Foley's February 2022 Series Recap
February 04, 2023 22:44 - 57 minutes - 52.7 MBFollowing 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. ...
S4 Episode 6: Tackling General Deterrence - Foley's February 2022 Series Recap
February 03, 2023 22:33 - 43 minutes - 40.2 MBFollowing 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 als...
S4 Episode 5: Intervention Orders - Foley's February 2022 Series Recap
February 02, 2023 23:48 - 54 minutes - 49.5 MBFollowing 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 ...
S4 Episode 4: Prosecution Duty of Disclosure - Foley's February 2022 Series Recap
February 01, 2023 23:48 - 58 minutes - 53.2 MBFollowing 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...
S4 Episode 3: Forensics - Foley's February 2022 Series Recap
January 31, 2023 23:47 - 58 minutes - 54 MBFollowing 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. T...
S4 Episode 2: Making of Bail Applications in 2022 - Foley's February 2022 Series Recap
January 30, 2023 23:44 - 59 minutes - 54.1 MBFollowing 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 tr...
S4 Episode 1: A Family Law Post-Covid Hypothetical
October 24, 2022 05:55 - 58 minutes - 591 MBFoley’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 Fole...
S3 Episode 14: Ethical Cross Examination
March 22, 2022 03:46 - 36 minutes - 50.7 MBGavin 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.
S3 Episode 13: Supervision Orders under the Serious Offenders Act 2018
March 22, 2022 01:46 - 1 hour - 84.4 MBRaphael 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.
S3 Episode 12: County Court or VCAT? New jurisdictional implications for domestic building disputes
December 13, 2021 23:30 - 54 minutes - 75.6 MBJennika 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.
S3Episode 12: County Court or VCAT? New jurisdictional implications for domestic building disputes
December 13, 2021 23:30 - 54 minutes - 75.6 MBJennika 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.
S3 Episode 11: Best Practice Negotiation and Mediation Skills
December 07, 2021 01:51 - 51 minutes - 70.2 MBCarey 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.
S3 Episode 10: Victorian Cases on Contracts of Sale of Land and on Forged Mortgages in 2021
December 07, 2021 01:26 - 1 hour - 91.6 MBIn 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...
S3 Episode 9: A New Phase of Environmental Protection in Victoria: Environment Protection Act 2017
November 29, 2021 23:48 - 52 minutes - 72 MBEmma 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.
S3 Episode 8: The Division 328 Threshold Tests - More than Small Business Gateways
November 29, 2021 23:46 - 47 minutes - 65.8 MBAnna 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.
S3 Episode 7: Trends and updates on ATO challenges to taxpayer LPP claims
November 22, 2021 23:06 - 38 minutes - 52.7 MBThis 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 Commissione...
S3 Episode 6: Disputing a PPSR Registration – A Practical Guide
November 22, 2021 22:56 - 46 minutes - 65.5 MBMark 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 ...
S3 Episode 5: The New Federal Circuit and Family Court of Australia
September 10, 2021 02:44 - 54 minutes - 75.2 MBFederal 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, contrave...
S3 Episode 4: “Who gets the Gold Bar?” – A look at the complex labyrinth of how the court deals with an Inheritance
August 26, 2021 04:39 - 50 minutes - 69.2 MBRobyn 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.
S3 Episode 3: Mediation - the Good, the Bad, and the Binding
August 18, 2021 23:30 - 1 hour - 109 MBBelle 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.
S3 Episode 2: Equitable interests in land
August 11, 2021 00:09 - 41 minutes - 57.1 MBSimon 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 cl...
S3 Episode 1: Financial Resources in Family Law
August 04, 2021 22:47 - 55 minutes - 76.8 MBIn 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 ou...
S2 Episode 36: Changes in the Franchising Code
July 21, 2021 00:51 - 57 minutes - 79.3 MBIn 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.
S2 Episode 34: Mandatory and Presumptive Sentencing Part 2: Establishing Special Reasons and Standard Sentences
March 31, 2021 03:19 - 1 hour - 83.5 MBMarcus 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 decisi...
S2 Episode 35: Hot Topics in Employment and OH&S
March 31, 2021 02:08 - 50 minutes - 69.2 MBFelicity 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.
S2 Episode 33: Mandatory & Presumptive Sentencing Part 1: Background & Current State of Law
March 31, 2021 01:32 - 1 hour - 86.7 MBMichael 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.
S2 Episode 32: Common Issues in Serious Injury Leave Applications
March 29, 2021 23:06 - 57 minutes - 79.6 MBKlaus Mueller and Nick Dubrow review the common issues that need to be considered in serious injury leave applications.
S2 Episode 31: Evidence and Discovery in Judicial Review Proceedings
March 29, 2021 03:54 - 33 minutes - 46.6 MBJonathan 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
S2 Episode 30: Recent Cases on Performance and Breach of Contracts of Sale of Land
March 29, 2021 03:32 - 1 hour - 88.3 MBPhilip 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...
S2 Episode 29: Practitioners Guide to Responding to Subpoenas
March 29, 2021 02:56 - 1 hour - 104 MBAdrian 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 jur...