Think Foley's

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.

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.

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.

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]  The first 2023 Foley's February session is presented by Dr Ian Freckelton and Kaitlyn Foote. The focus is on Fetal Alcohol Spectrum Disorder and the contact individuals with FASD have with the criminal justice system.   Complimentary material and seminar video recording can be found on www.foleys.com.au.

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.