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Mar 6, 2024 • 1h

S5 Episode 6: The Presumption of Doli Incapax - What It Means for a Child to Know Their Actions are Seriously Morally Wrong

Legal expert Sharon Lacy S.C. and forensic expert Hetty de Crespigny discuss doli incapax in children, exploring complexities of forensic decisions, human rights implications, and a real-life trial example. They delve into child criminal responsibility, moral reasoning, human rights implications, and challenges in the legal system, advocating for reform proposals to improve decision-making for children.
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Mar 4, 2024 • 48min

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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Oct 31, 2023 • 54min

S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar

Join Rohan Hoult and Harriet Geddes in a casual Q&A chat as they cover changes to the Family Law Act, tips for preparing for a defended hearing, drafting affidavits, the usefulness of witness affidavits, making effective submissions in court, thorough preparation for mediation, the importance of understanding in pre-litigation mediation, and the changes and challenges faced by barristers in the modern era.
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Sep 11, 2023 • 1h 29min

S5 Episode 3: Contested Hearings - Practical Advice, Tips & Procedure

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.
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Aug 9, 2023 • 33min

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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Jul 7, 2023 • 36min

S5 Episode 1: Copyright in the Artificial Intelligence Age

Legal expert Priscilla Blackadder discusses AI's impact on copyright law, exploring ownership and infringement in AI-generated content. The podcast delves into legal disputes involving technology companies like GitHub, Microsoft, and OpenAI, highlighting the challenges and complexities in AI copyright law.
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Jul 5, 2023 • 1h 40min

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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Jul 4, 2023 • 51min

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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Jun 29, 2023 • 1h 24min

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 www.foleys.com.au/cpdresources.aspx.
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Jun 27, 2023 • 1h 7min

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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