Think Foley's

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.

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 leave out of time under section 44 sub-section 3 and section 44 sub-section 5, relevant not only to situations where there are no orders at all but also relevant to considerations of delay in bringing an application under section 79A or section 37A and consider the special rule 16.05 which only applies in the Federal Circuit Court.

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.

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 regulate and control the use of media by employees, and highlights to what extent employees are entitled to do as they like online, outside of working hours.

Sam Tovey and Kate Ballard provide a guide to indictable driving offences.

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. 

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.

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. 

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 parental responsibility to children diagnosed with gender dysphoria who are also Gillick competent. All up, our commentators conclude that while Masson & Parsons gives certainty to the operation of section 60H and the definition of a “parent”, there are still unanswered questions and manifest scope for legislative reform to ensure that all Australian families are treated equally before the law.

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 undertaken by judicial officers. We will consider relevant cases from the High Court, the Court of Appeal and the Trial Division of the Supreme Court of Victoria.

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 agreements. 

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 simplified liquidations.

Bronia Tulloch and Caroline Jenkins discuss the authorities relevant to common issues in the assessment of contributions in family law property cases. The emphasis is on situations where money or property has been provided to a party to a marriage by family members. The case law discussed covers the treatment of “gift vs loan”, resulting trusts and the presumption of advancement, the impact of timing on the weight to be given and the treatment of inheritances.

Philip Barton reviews Supreme Court and County Court cases over the past 5 years on contracts of sale of land: 1. Offer and Acceptance including a solicitor's authority to conclude a contract and a company director's authority to make a contract 2. The 4 Masters v Cameron categories and contract interpretation 3. Statute of Frauds 4. Void for Uncertainty 5. Estoppel against denying existence of a contract 6. Section 32 statements 7. Cooling off under s 31 Sale of Land Act

Cath Devine and Emma Heggie present a timely reminder of how the COVID-19 pandemic impacts on child support matters. This podcast outlines the significant changes to the child support legislation introduced in 2018 through that lens. Cath and Emma also analyse a recent Family Court decision dealing with the impact of COVID-19 on an application to set aside a binding child support agreement.

William Lye OAM QC and Glen Pauline discuss commercial mediation starting with online mediation and their experiences with online platforms for conduct of mediations. Glen discusses the legislative framework for and issues arising in, mediation of commercial tenancy disputes that arose due to COVID-19 and the outcomes for landlords and tenants achieved through mediation. William also reviews the cultural issues that arise in commercial mediations in particular with relation to Asian cultures.

David Cronin and Natalie Kaye review the changes to the law for sexual offences involving child and cognitively impaired complainants including an outline of changes, indictable matters, S198A applications, ground rules hearings, intermediaries and giving evidence by child or cognitively impaired complainants. 

Peter Chadwick QC and Jeremy Karitzis discuss the practical application Legal Profession Uniform Law Australian Solicitors Conduct Rules for solicitors practising in criminal law. Peter and Jeremy look at ethical questions including acting for guilty clients, knowing and managing conflicts of interest, balancing the client's instructions against the obligation to act independently and forensically and knowing the limits to protected witness briefs under the Family Violence Protection Act.

Richard Edney and Kate Ballard address the issue of how to punish offenders who have a mental disorder. The understanding of what mental conditions can be treated as matters in mitigation has tended to change over time. What appeared to be settled was that personality disorders could not be used on behalf of an offender to mitigate an otherwise just and proportionate sentence. That position has been changed by the five-member decision of the Victorian Court of Appeal in Brown v The Queen [2020] VSCA 212.

Philip Dunn QC and Julia Kretzenbacher discuss some practical tips of running online hearings in the new normal, including what technology you might want to invest in, preparing the client for an online hearing and how barristers and solicitors can work together for online hearing.

Guy Gilbert SC and Chris Oldham start their discussion on mandatory visa cancellation when a client fails the character test and is serving a term of imprisonment. They discuss the process for revoking a visa cancellation and ways legal representative can assist in that process, other methods of cancellation, the appeals process when revocation is not successful, and sentencing considerations for clients that have had their visas cancelled.

Jennika Anthony-Shaw and Michael Sharkey discuss the matters to be aware of and the issues which may arise in briefing. Jennika and Michael explore compliance with the relevant court rules, VCAT practice note, the Evidence Act 2008 and the Civil Procedure Act 2010 and relevant authorities with a focus on the practicalities of briefing experts. With a focus on building disputes, the material canvassed is relevant to all areas of civil litigation where expert witnesses are engaged.

Robyn Wheeler and Vanessa Bacchetti will sooth your souls with a guide to how to deal with seeking to start a case out of time, seeking to set aside a final order out of time and seeking to appeal out of time. They will take you through the labyrinth of Powers of the Registrars, Senior Registrars and the Judicial Officers in each court; just "in time" for all the rules to be changed yet again (due to the Court merger). Episode notes available: Time and Running Out Of It - Robyn Wheeler Commencing an Appeal Overview - Vanessa Bacchetti Table of Time Limits Under the Rules and Family Law Act - Vanessa Bacchetti

Simon Fuller presents an overview of recent cases involving ethics and related developments. Episode notes:  Recent Case Updates and Developments

Sharon Lacy and Annie Yuan will outline when the court can consider matters of family hardship in sentencing State and Commonwealth offences and provide some practical tips on how to run a family hardship argument. Sharon and Annie discuss the Court of Appeal decision of Borg v The Queen and how it affects the threshold for proof for family hardship.

Adrian 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 jurisdictions.   Episode notes can be found: https://foleys.com.au/ResourceDetails.aspx?rid=502&cid=5 

Philip 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 Act 1958 (PLA).

Jonathan 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 

Klaus Mueller and Nick Dubrow review the common issues that need to be considered in serious injury leave applications. 

Michael 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.

Felicity 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.

Marcus 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 decisions in which those provisions have been considered, most notably Brown and The Queen (2019) 59 VR 462.

In 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.

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/or property settlement.  Foley's is proud to be the FIRST List to provide CPD seminars via our free CPD Podcast - Think Foley's. More CPD resources can be found on Foley's website https://foleys.com.au/cpdresources.aspx 

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, joinder, and pleadings.  Finally, the seminar also considers some types of equitable proprietary claims including resulting trusts, constructive trusts, and proprietary estoppel. To download the complementary presentation slides which outlines the cases and legislation which Simon references, visit https://foleys.com.au/ResourceDetails.aspx?rid=509&cid=3

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 admissibility of written agreements made at Mediations.

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. 

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 emphasis on alternative dispute resolution, changes in expert reports relating to children, contraventions, and new litigant and practitioner obligations.

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 Registrar, where the Registrar has had a blanket policy of not acting where opposition is made by the secured party.  A copy of all materials referenced in the podcast can be accessed here: https://markmckillopbarrister.com/2021/10/05/disputing-a-ppsr-registration-a-practical-guide/

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 Australia Holding Pty Ltd v Commissioner of Taxation [2021] FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors; the draft ATO LPP protocol released for public comment in late September 2021; and  how the Commissioner may use material received pursuant to a notice issued under s 353-10.

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.

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.

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 importance of the topic of verification identity, Philip discusses a case of a forged mortgage.

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.

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.

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. 

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.

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 List Barristers: Vanessa Bacchetti, Amrita Malik, Bronia Tulloch, Laurence Fudim, Harriet Geddes and Alex Finemore. These presenters have also written detailed papers about the topics upon which they have been asked questions.  The hypothetic fact scenario and each of the papers can be found on the CPD resources page of Foley's website.

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 who has conducted trials and pleas for forty years. As a trial lawyer he conducts defenses in all types of criminal matters; notably murder, conspiracy, corporate and tax fraud and, drug and sex offences.   Madeleine is an experienced advocate who accepts briefs to appear and advise in all areas of criminal law, including quasi-criminal areas, such as coronial inquests, disciplinary tribunals, investigations and Royal Commissions.    Raphael practices predominantly in criminal law, with a focus on serious and complex crime. He has appeared as counsel in matters involving terrorism, organised crime, homicide, sex offences, drug importation, major fraud, human exploitation, war crimes and military offences.   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.  

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.   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.   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.   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.  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.  

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. 

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.

[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.

[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: 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.

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.

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.

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.

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 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 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.

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.

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 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 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 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.

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.

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 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 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 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, 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 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 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  

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

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 

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! 

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 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 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 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 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, 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.

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 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.

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.

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.

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.

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.

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 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 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.

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. 

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, 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.