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Think Foley's
S5 Episode 3: Contested Hearings - Practical Advice, Tips & Procedure
Sep 11, 2023
Barristers Phillip Bloemen, Tim McCulloch, and Kaitlyn Foote, along with Magistrate Burnside, share practical advice on contested hearings for junior practitioners, focusing on matters running less than a day with legal or evidentiary issues. They discuss preparation, advocacy, and courtroom strategies, emphasizing the importance of experience and effective representation. The episode offers valuable insights for aspiring legal professionals handling contested hearings.
01:28:37
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Quick takeaways
- Proper preparation is crucial for contested hearings, focusing on analysing facts, developing strong case theories, and engaging in a strategic dialogue.
- Thorough disclosure of witness statements and evidence is vital, including seeking further materials through disclosure requests and maintaining attention to detail.
Deep dives
Preparation and Importance of Running Contests
Proper preparation is crucial to successful contested hearings. Understanding and analyzing facts in the brief, developing a strong case theory, and focusing on practical strategies can enhance a lawyer's ability to persuade the bench. Clear and concise presentation of issues and engagement in an effective dialogue with prosecutors can streamline the hearings and increase persuasiveness. Emphasizing the need for persuasive advocacy and navigating challenges can lead to more successful outcomes.
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Discover
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