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, 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?
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]
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:
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.
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.
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.
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.
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.
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