Think Foley's

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. 

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

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.

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.

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.

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.

Simon Fuller provides some clarity on issues such as what is a casual employee? What are their rights? And what are employers’ obligations in respect of casual workers? With particular reference to two recent Full Court decisions (being WorkPac Pty Ltd and Skene and WorkPac Pty Ltd and Rossato) that have, in some respects, changed the landscape for casual workers. The session also considers the federal government’s regulatory response to some of the issues raised in Skene and also the pending High Court challenge to the Full Court’s decision in Rossato.

The introduction of new discrete lists, hearings in front of Registrars and tips and tricks for drafting and preparation in an electronic era in the Family Law Courts. This zoom session presented by Alex Metherell and Nonni Sdraulig discusses how hearings in the Family Law Courts have evolved recently including the introduction of new listing practices and lists, such as the discrete property and contravention lists. How to prepare for hearings in front of Registrars instead of Judges including a discussion about Registrars powers and the impact that COVID-19 pandemic has had on face-to-face hearings in the Court system. It provides solicitors with practical advice and tips and tricks about how to best to prepare for electronic hearings in both parenting and property applications. Together with a more general discussion about how to prepare clients for electronic hearings before Registrars in the Family Law Courts. For resources please visit: https://foleys.com.au/cpdresources.aspx

David Kim and Priya Wakhlu focus on a Landlord’s right of re-entry following a tenant’s breach of the lease agreement. David and Priya will closely examine landlords’ rights of re-entry and termination under both common law and the Property Law Act 1958 (Vic), compliance with notice requirements and the consequences of not validly terminating the lease. For resources please visit: https://foleys.com.au/cpdresources.aspx

Cecily Hollingworth and Jason Gullaci discuss the different sentencing regimes that have come into place in Victoria in the last few years. They provide detail on what the offences and categories are that fall under the current mandatory sentencing provisions or the standard sentencing provisions.