Think Foley's
Foley's List presents the 'Think Foley's' podcast dedicated to providing informative and convenient on-the-go Continuing Professional Development (CPD) listening for legal professionals.
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S5 Episode 12: Daze in Court - Dealing with Non-Disclosure in Financial Matters
05/08/2024
S5 Episode 12: Daze in Court - Dealing with Non-Disclosure in Financial Matters
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 !
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S5 Episode 11: Daze In Court - Dealing with Difficult Judges and Lawyers
04/08/2024
S5 Episode 11: Daze In Court - Dealing with Difficult Judges and Lawyers
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 !
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S5 Episode 10: Franchise Law developments and case updates 2024
03/26/2024
S5 Episode 10: Franchise Law developments and case updates 2024
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.
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S5 Episode 9: Recent Cases in the Court of Appeal 2024
03/20/2024
S5 Episode 9: Recent Cases in the Court of Appeal 2024
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.
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S5 Episode 8: When is a Conviction Spent? Advising Clients on the Spent Convictions Act and Related Legislation
03/18/2024
S5 Episode 8: When is a Conviction Spent? Advising Clients on the Spent Convictions Act and Related Legislation
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.
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S5 Episode 7: The Fog of Law - Section 137 of the Evidence Act
03/13/2024
S5 Episode 7: The Fog of Law - Section 137 of the Evidence Act
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.
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S5 Episode 6: The Presumption of Doli Incapax - What It Means for a Child to Know Their Actions are Seriously Morally Wrong
03/06/2024
S5 Episode 6: The Presumption of Doli Incapax - What It Means for a Child to Know Their Actions are Seriously Morally Wrong
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.
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S5 Episode 5: Regulatory Law - Recent Cases on How to Respond to Quasi-Crime Investigations
03/04/2024
S5 Episode 5: Regulatory Law - Recent Cases on How to Respond to Quasi-Crime Investigations
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.
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S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar
10/31/2023
S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar
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.
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S5 Episode 3: Contested Hearings - Practical Advice, Tips & Procedure
09/11/2023
S5 Episode 3: Contested Hearings - Practical Advice, Tips & Procedure
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.
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S5 Episode 2: Causation in Claims for Mental Harm - Analysing the Counterfactual Hypothesis
08/09/2023
S5 Episode 2: Causation in Claims for Mental Harm - Analysing the Counterfactual Hypothesis
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.
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S5 Episode 1: Copyright in the Artificial Intelligence Age
07/07/2023
S5 Episode 1: Copyright in the Artificial Intelligence Age
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?
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S4 Episode 15: Recent Cases in the Court of Appeal 2023
07/05/2023
S4 Episode 15: Recent Cases in the Court of Appeal 2023
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.
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S4 Episode 14: Abuse of Process and Stay Applications in Criminal Proceedings
07/04/2023
S4 Episode 14: Abuse of Process and Stay Applications in Criminal Proceedings
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.
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S4 Episode 13: Second and Subsequent Appeals
06/29/2023
S4 Episode 13: Second and Subsequent Appeals
[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 .
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S4 Episode 12: Hearsay and All Its Friends: Part 3.2 of the Evidence Act
06/27/2023
S4 Episode 12: Hearsay and All Its Friends: Part 3.2 of the Evidence Act
[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.
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S4 Episode 11: Spectrum Disorders and their Relevance in Crime
06/27/2023
S4 Episode 11: Spectrum Disorders and their Relevance in Crime
[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.
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S4 Episode 10: Best Practice Mediation
03/06/2023
S4 Episode 10: Best Practice Mediation
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.
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S4 Episode 9: Disclosure of Costs
02/27/2023
S4 Episode 9: Disclosure of Costs
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.
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S4 Episode 8: Recent Decisions in the Court of Appeal - Foley's February 2022 Series Recap
02/06/2023
S4 Episode 8: Recent Decisions in the Court of Appeal - Foley's February 2022 Series Recap
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.
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S4 Episode 7: Defending Drug Trafficking Charges - Foley's February 2022 Series Recap
02/04/2023
S4 Episode 7: Defending Drug Trafficking Charges - Foley's February 2022 Series Recap
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.
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S4 Episode 6: Tackling General Deterrence - Foley's February 2022 Series Recap
02/03/2023
S4 Episode 6: Tackling General Deterrence - Foley's February 2022 Series Recap
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.
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S4 Episode 5: Intervention Orders - Foley's February 2022 Series Recap
02/02/2023
S4 Episode 5: Intervention Orders - Foley's February 2022 Series Recap
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.
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S4 Episode 4: Prosecution Duty of Disclosure - Foley's February 2022 Series Recap
02/01/2023
S4 Episode 4: Prosecution Duty of Disclosure - Foley's February 2022 Series Recap
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.
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S4 Episode 3: Forensics - Foley's February 2022 Series Recap
01/31/2023
S4 Episode 3: Forensics - Foley's February 2022 Series Recap
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.
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S4 Episode 2: Making of Bail Applications in 2022 - Foley's February 2022 Series Recap
01/30/2023
S4 Episode 2: Making of Bail Applications in 2022 - Foley's February 2022 Series Recap
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.
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S4 Episode 1: A Family Law Post-Covid Hypothetical
10/24/2022
S4 Episode 1: A Family Law Post-Covid Hypothetical
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
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S3 Episode 14: Ethical Cross Examination
03/22/2022
S3 Episode 14: Ethical Cross Examination
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.
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S3 Episode 13: Supervision Orders under the Serious Offenders Act 2018
03/22/2022
S3 Episode 13: Supervision Orders under the Serious Offenders Act 2018
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.
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S3 Episode 12: County Court or VCAT? New jurisdictional implications for domestic building disputes
12/13/2021
S3 Episode 12: County Court or VCAT? New jurisdictional implications for domestic building disputes
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.
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