Think Foley's

[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 matter...

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...

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...

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 po...

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 Barri...

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...

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 leg...

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 forensi...

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 downl...

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 Fa...

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 t...

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, Ph...

Emma 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.

Anna 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.

This 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 Austra...

Mark 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 Registra...

Federal 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 emphas...

Robyn 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. 

Belle 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 admissi...

Simon 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, joind...

In 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...