Think Foley's

Dr Ian Freckelton QC discusses disciplinary proceedings undertaken against legal and health practitioners before VCAT. He identifies that in such proceeding the stakes are high; claims made against a practitioner can have resounding effects on their reputation and commercial viability, their family life, and their physical and mental health.

Scott Cromb discusses a plan of attack when dealing with statutory demands. He first outlines what a statutory demand is and shares insights into the three key stages in the life of a statutory demand.

Glen Pauline discusses Franchising and focuses on the New Franchising Code of Conduct, some case law concerning breaches of the Code, and key take outs from those decisions.

Angelo Germano discusses Retail Leases and provides an update on recent cases. He breaks down the podcast into multiple topics, including what is a retail lease, the ability to charge and recover outgoings, the changing use during the term of a retail lease and repudiation of a retail lease.

Margarita Fudim talks about ‘aggregation of multiple injuries and the issue of disentanglement’. It is a common topic occurring often in serious injury applications, especially those matters that proceed to originating motion hearings. She outlines what injuries can be generally aggregated together and what injuries or impairments need to be disentangled. Confusion around this topic continues to occur and Margarita focuses on physical injuries in order to help clarify some of the confusion.

Caitlin Dwyer talks about ‘Coming to the Bar’. She addresses the topic in four chapters: Whether and when to come to the bar, how to come to the bar, what to do once invited into the readers course, and finally the first few months and years at the bar. She also discusses the current February 2020 state of affairs in regards to the major steps of coming to the bar as it is potentially currently influencing bar participants decisions.  

Julia Kretzenbacher discusses Ethics for the Criminal Practitioner. She discusses two areas where ethical issues can often arise for criminal practitioners. First, she will discuss the formation of the lawyer/client relationship and how a retainer may be implied. She also discusses ethical issues that may arise when acting for co-accused and things to be aware of in those circumstances.

In this episode ‘Can one have sympathy for the devil?’, Daniel Cash discusses representing respondents in family violence intervention order proceedings who become applicants in family law proceedings to seek orders to spend time with their children, who can then face charges of breaching intervention orders and/or sexual assault in the criminal courts.

Gareth Redenbach presents an update on International Tax by way of focusing on what’s happened in 2019 and the first part of 2020 in the International Tax sphere. 2019 became a banner year in terms of new types of international tax laws or new interpretations of different parts of international tax law. He discusses how the application of the residency test has changed for natural persons in 2019, matters relating to the Glencor decision and transfer pricing, as well as other matters that are of particular interest to large corporate tax payers and those that effect smaller tax payers. 

Philip Barton examines caveats against dealings under the Transfer of Land Act.  He discusses proceedings by the Legal Services Commissioner against solicitors concerning caveats, caveat removal procedures, and tests for caveat removal.  He breaks the topic of caveatable interests down into caveats related to legal interests, equitable interests and trusts, sale of land, building works, and charges including solicitor’s charges.  

Gareth Redenbach discusses the taxpayer’s burden of proof and how they may discharge that burden of proof. He dives into the history of the burden of proof and outlines the facts, submissions and decisions in recent cases and proves that this burden of proof is not a matter that is only relevant to small or medium enterprises or only relevant to large corporations.  

Dr Rishi Gulati provides an update as to the developments in international dispute resolution, especially in the sphere of international economic law. Noting the crisis at the WTO Appellate Body, and the EU proposal to create a Multilateral Investment Court, Dr Gulati provides a brief overview as to the developments that may be expected in 2020.

Lucy Line discusses the new laws bought about in the ‘Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019’. She outlines the new laws and why they have been enacted, gives specifics on what is a whistleblower and their rights according to the law reform, risks associated as a result of that law reform, and advises on drafting a whistleblower policy. 

Adrian Hoel defines PII as a rule of evidence which operates to restrict the production of otherwise relevant evidence in legal proceedings where its disclosure would be against the public interest. Author Adrian Hoel references timely examples and focuses on PII in the civil discovery processes.