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.
In this Daze in Court episode, Foley's List barristers Rohan Hoult, Bronia Tulloch and Chief Clerk Andrew Turner sharing about their journey and the progress in Foley's List, and dive into a conversation with Bronia about the appeal process in court.
ln this episode, List member Aaron Lane and Steven Pettigrove from Piper Alderman break down 2024 Federal Court cases of Blockchain and Digital Assets. They also discuss global trends, industry regulations predictions for 2025, and what evolving policies mean for investors, businesses, and innovators.
In this Daze in Court episode, Foley's List barristers Rohan Hoult and Simon Fuller sit down alongside solicitor Raffaella Oliva from Hope Earle Lawyers to share and discuss some papers they have written. Raffaella explores adult children seeking access to their parent's file, drawing from her article Through the Looking Glass. Simon delves into the strategic use of third parties in property proceedings.
This is a recording of session 6 of the 2025 foley's February criminal law series. In this session, Paul Holdenson KC and Jack O'Connor discuss key appellate decisions on latent ambiguity in evidence, jury direction failures, the admissibility of tendency and character evidence. It highlights cases where judicial errors and procedural breaches affected trial outcomes, refining criminal law interpretation and procedural fairness.
This is a recording of session 5 of the 2025 foley's February criminal law series. In this session, Michael Stanton SC, Katarina Ljubicic and Patrick Hurst discuss the legal framework governing admissions under Part 3.4 of the
This is a video recording of session 4 of the 2025 foley's February criminal law series. In This session, Richard Edney, Ran Zaydan & Edwina Dane provide a thorough guide to preparing a strong defence by examining the prosecution brief, ensuring complete disclosure, and creating a detailed chronology. It emphasizes the importance of the cultural and historical context, involving clients in their defence, and assessing the effectiveness of police investigations.
This is a video recording of session 3 of the 2025 foley's February criminal law series. In This session Tim Marsh, Maddie Lees & Thomas Bell provides a detailed guide on handling cases involving the defence of mental impairment in criminal proceedings. It also includes case studies and references to relevant legal provisions and practice notes to guide practitioners through the process of defending clients with mental impairments.
Commercial landlords must give notice to a tenant before exercising a right of forfeiture for breach of a lease. That requirement can be modified by the terms of the lease. In this podcast, Erik Dober discusses how landlords can draft an effective notice, and how a tenant can respond.
Open and Shut Case: Open Justice, Closed Courts and Suppression Orders for Criminal Lawyers This is a recording of session 2 of the 2025 Foley's February criminal law series. In this session, Ruth Champion, Natalie Simpson & Louis Andrews discusses the principals of open justice and presents five key questions to ask before applying for a suppression order, emphasising a need for thorough case preparation, effective decision-making, and having a draft order ready to minimise interference with court procedures. Ruth Champion appears for the prosecution and defence, and, in both trial and appellate matters. Ruth has particular experience in subpoena proceedings including on claims of public interest immunity and legal professional privilege. Natalie's primary practice is in criminal law, but she also accepts briefs in quasi criminal, family law and public law matters. Natalie has significant experience in a range of crime types including complex drug matters, child sex offences, human trafficking, and white-collar crime. Louis Andrews has a broad practice in criminal law and public law. In his criminal law practice, he accepts briefs to prosecute and defend. Louis has specialised experience in the intersection of the criminal law and media law, including contempt and suppression orders.
Issues of Complicity – How to be Guilty Without Pulling the Trigger This is a recording of session 1 of the 2025 Foley's February criminal law series. In this session, Foley's barristers Neill Hutton SC, Daniel Ryan & Megan Styles address how individuals can be held criminally responsible for an offence without directly committing the act, through aiding, abetting, or encouraging the principal offender. This session covers legal interpretations and rulings concerning complicity in criminal offences under specific sections of the law.Top of FormBottom of Form Neill Hutton SC has specialised in conducting criminal trials for over 20 years, he is a Victoria Legal Aid Criminal Trial Preferred barrister and holds the Indictable Crime Certificate. Daniel Ryan accepts briefs from both prosecution agencies and defence and has significant experience in the conduct of bail applications, plea hearings, contested hearings, Contest Mentions, intervention order applications, forensic procedure applications. Megan Styles accepts briefs in a broad range of matters. She has a particular interest in matters involving commercial and white-collar crime, asset confiscation, proceeds of crime, law enforcement, insolvency law, banking and finance and financial investigations/compliance.
In our first installment of the Daze in Court podcast of 2025, Foley's List barrister Rohan Hoult invites Daniel Myers from Schetzer Papaleo Family Lawyers to share his insights and experiences in the family court from a solicitor's perspective.
List member Laura Colla is joined by Olivia Grobtuch from Kennedy Partners and Stephen Foley of eBrief Ready to share insights from both barristers' and solicitors' perspectives on best practices for managing electronic documents in court. They explore some pros and cons of using eBrief Ready and discuss effective handling of eBriefs, Tender Bundles, Court Books, and other court documents and how to achieve the best result and a good experience for all concerned.
In this episode, Lucy Line and Ruben Clark discuss the principles of statutory interpretation, with a particular focus on how those principles can be applied in a regulatory environment. First, a detailed overview of the tools and tricks that can help practitioners read and construe legislation, emphasising the importance of this skill for all practitioners. Then, a practical examination of how to interpret statutory 'notice to produce' powers, to assist regulators in drafting these notices, and to guide recipients in their responses.
In the final Daze in Court episode before the new year, Rohan sits down with list member Laura Colla to discuss best practices on handling 'sovereign citizen' clients, using eBriefs, and comment on the use of direct vs indirect language in affidavits.
In this episode, List Member Rohan Hoult discusses the newest amendments to the Family Law Act, as well as best practices for interacting with judges in public settings, and the introduction of the Defaulter's List.
In this brand new season, List members Marcus Hoyne and Liz Main discuss the new Privacy and Other Legislation Amendment Bill 2024, exploring existing rights to privacy in caselaw and how the introduction of the new tort could significantly impact the right to privacy.
In this new Daze In Court episode, Rohan, Sophie & Nick explore key issues surrounding add backs and binding financial agreements in family law. The discussion covers important considerations and practical insights for legal practitioners dealing with these areas.
In this episode of Daze in Court, Foley's List members Rohan Hoult is joined by Belle Lane to take a deep dive into the legal process for family law matters relating to gender dysphoria, discussing what is gender dysphoria; how it's relevant to the Courts; and how to approach these sensitive issues to achieve the most effective outcomes.
In collaboration with Victorian Women Lawyers, this is the final episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work. The hosts of this series, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers sit down with series collaborators Andrew Turner and Maree Caminiti to reflect on why its important to produce this series and share women's stories and experiences of the financial and career challenges they may face in the legal community. Thank you to everyone who tuned in! If you have any suggestions for topics for future episodes, please don't hesitate to email marketing@foleys.com.au with your ideas for a season 2!
Parenthood: It's Impact on Your Career and Finances In this episode, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers are joined by Catherine Brooks of Wendy Brooks & Partners and Foley's List member Olivia Callahan. Together, they share their personal experiences and insights on how having children can impact careers. Tune in as they discuss the challenges and obstacles of balancing parenting and professional life, and how they've successfully navigated this complex journey. In collaboration with Victorian Women Lawyers, this is the third episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work. Resources Referenced: · Parental Leave in Practice: A “How To” Guide for Lawyers - Prepared by Victorian Women Lawyers & Maurice Blackburn · MoneySmart guide to having a baby · Let's make it work, baby!: A kick-arse guide to personal and professional success for new parents by Catherine Brooks · FairWork - information on Parental Leave · VEOHRC guide to flexible work · Victorian Bar Council Parental Leave Policy
Relationship Milestones: Setting Up for Success at the Start or End of a Relationship In this episode, Joanna Abraham and Sophie Lefebvre from Victorian Women Lawyers is joined by Bonnie Phillips (Coulter Legal) and Michelle Button (Foley's List barrister) to discuss the considerations and measures to think about when getting into -- or out of -- relationships to best protect your financial assets. In collaboration with Victorian Women Lawyers, this is the second episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work. Resources Referenced: Relationships and money - moneysmart.gov.au All's fair in love and law: the ultimate legal guide to relationships De facto relationships | Victoria Legal Aid What is Financial Abuse? | WIRE
In collaboration with Victorian Women Lawyers, this is the first episode of Career Stages: Getting Your Ducks in a Row, a series exploring the key life stages and financial milestones that may impact women in law with keynote speakers discussing their experiences and insights into starting your own legal business, starting or ending relationships and starting parental leave and returning to work. Becoming Your Own Boss: What It Means to Move From An Employee to a Business Owner or a Barrister In this episode, VWL's Joanna Abraham and Sophie Lefebvre is joined by Onside Family Lawyers's Sounita Viravout and Foley's List member Ran Zaydan to discuss the thought process and experiences that goes into the decision to set up a solo practice, and the obstacles and rewards that can come from this move. Resources Referenced: VLSBC - Guide to setting up a law practice Vic Bar - Guide to Becoming a Barrister MoneySmart - Guide to self-employment LPLC: Starting your own practice
In this new Daze In Court episode, Rohan and Harriet engage in an in-depth discussion onthe principles of the Harman Undertaking and provide insights into best practices for briefing barristers, alongside a brief update on recent developments in the family law community. Paper referenced, 'Can I use documents received in my family law matter for other purposes?', by Mary Young [link to paper here]
In this episode, Foley's List barrister Kepler Ryan summarises and provides insight to some notable cases relating to financial and property matters in the Family Law jurisdiction in 2023.
In this episode of the Daze in Court series, Foley's List barristers Rohan Hoult and Michele Brooks returns to continue discussing the changes made in the Family Law Amendment Act 2023 and what exactly might be the implications of these amendments in practice. This episode is the second half of a two-part series, following S5 Episode 13. To view Michele's presentation, access it here: https://foleys.com.au/resources/Family%20Law%20Amendment%20Act%202023%20-%20Michele%20Brooks.pdf
In this episode of the Daze in Court series, Foley's List barristers Rohan Hoult and Michele Brooks sits down to look at the new Family Law Amendment Act 2023, discussing what has changed and what has not changed, and how the changes may affect how we look at parenting orders going forward. This episode is part one of two.
In this episode of "Daze in Court", Foley's List barristers Rohan Hoult and Alex Metherell discuss with Jim Mellas tips for briefing counsel, the state of the Parthenon Marbles dispute, dealing with non-disclosure in financial matters in the family law jurisdiction. To write in with a question, suggest future topics, or provide feedback for this series, email in to Rohan Hoult at rhoult@vicbar.com.au!
In 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 rhoult@vicbar.com.au!
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 and Family Court of Australia, delivering judgments and presiding over Judicial Settlement Conferences. Rohan returned to the Bar in July 2023 and currently practices across a broad range of family law matters as mediator, as counsel for mediation and for advice work. Rohan is able to act as mediator or counsel for mediation in all matters, including those he has previously presided over as a senior judicial registrar. Harriet comes to the bar with extensive experience in family law and related jurisdictions (including Intervention Order proceedings). Prior to coming to the bar, Harriet was a Senior Associate at a leading specialist family law firm where she had carriage of complex parenting matters, including international relocations and parental alienation, and property matters, including matters involving high-net worth individuals, third party property rights, spousal maintenance and jurisdictional threshold issues. Harriet also has significant experience with matters involving family violence.
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 admitted to practice in 2006 and came to the Bar in 2022. Michelle practices in Criminal law and Family law and is also a nationally accredited mediator who accepts briefs as both mediator and counsel.
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 appears in contested hearings, bail applications, pleas, committals and trials. Chris Grisenti joined Blackstone Legal Costing in 2014 and has since been practising exclusively in Costs Law. Chris specialises in commercial costs law, including the preparation of bills of costs, notices of objection, and appearing on mediations, applications, and taxations in the Costs Court and Federal Court.
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 COVID-19 pandemic Paul has developed a specialist practice as an appellate advocate, appearing predominantly in criminal appeals. He regularly appears before the Victorian Court of Appeal, the High Court of Australia Jack accepts briefs in public and administrative law, appellate crime, and commercial law. He appears regularly in the Court of Appeal, both led and unled, on appeals against conviction and sentence. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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 practices principally in criminal law. His expertise is in drug related proceedings and other organised crime; white-collar crime; OHS and other regulatory offences. Carlin regularly appears in summary and indictable criminal proceedings both as junior counsel and as unled counsel. He has been briefed in a number of pre-trial applications, admissibility arguments and trials in the County Court. Tim practices primarily in criminal law and is available to appear in trials, contested hearings, committal hearings, pleas, bail applications and post-sentence supervision applications. Sai is an experienced court advocate, accepting briefs in criminal, quasicriminal, and property law. Most notably, Sai appeared in a well-publicised case regarding gel blaster firearms in Victoria, where it was held that gel-blaster firearms do not meet the definition of a real firearm as defined by the Act. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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 spent eight months in Nauru acting for the many asylum seekers that were charged with rioting and unlawful assembly following the destruction of the Regional Processing Centre. Glenn Casement is a Victoria Legal Aid Criminal Trial preferred barrister. Mietta accepts briefs in all areas of criminal and quasi-criminal law. Mietta commenced her legal career as Associate to her Honour Judge Hannan, then Head of the Criminal Division of the County Court. In this capacity, Mietta gained insight and practical experience in complex indictable matters including trials, fitness investigations, special hearings and supervision order applications. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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 client. Shivani practices predominantly in criminal law as both Defence and Prosecuting Counsel. Her criminal practice includes crimes family violence, occupational health and safety, mental impairment, supervision orders, Coroner's Court, Consumer Affairs, road safety offences and murder. Amara accepts briefs in all areas of criminal and quasi-criminal law, as well as administrative law. Amara appears in pleas, appeals, bail applications, committals and contested hearings in the Magistrates', County and Supreme Courts of Victoria. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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 experienced trial and appellate advocate, practicing in criminal law, administrative law, disciplinary and licensing law and in coronial inquests and coercive inquiries. His criminal law practice encompasses all criminal proceedings and related proceedings, including jury trials in the County and Supreme Courts and appeals in the Court of Appeal and High Court. Cheryl has substantial experience in occupational health and safety including the conduct of investigations and associated proceedings. Cheryl also has criminal law experience, having worked at the Office of Public Prosecutions. Cheryl managed a broad range of matters involving homicide, drugs and fraud. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.
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 Marsh follows up this discussion with practical advice for solicitors and advocates when preparing a brief and finding themselves stumped as to how to get into the medical evidence Tim Marsh completed a Law and a Science Degree at Melbourne University, majoring in Genetics. While Tim practices in all areas of crime, he has a strong practice in mental impairment and disability law. His work at first instance and on appeal in this area have helped clarify and reshape how the Victorian Courts treat offenders with mental illnesses. Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.