Think Foley's

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.  Paul Holdenson KC and Jack O'Connor analyse the most recent decisions in the court of appeal covering topics such as:  Errors made during sentencing & to watch out for during your trials   The correction of errors and the court of appeals power of amendment Second or subsequent appeals against convictions   Sentencing principles relevant to the COVID-19 pandemic Paul has developed a specialist practice as an appellate advocate, appearing predominantly in criminal appeals. He regularly appears before the Victorian Court of Appeal, the High Court of Australia    Jack accepts briefs in public and administrative law, appellate crime, and commercial law. He appears regularly in the Court of Appeal, both led and unled, on appeals against conviction and sentence.  Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.  

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.   Mark Gumbleton, Carlin Grant, Tim McCulloch and Sai Ranjit discuss the defence of drug trafficking charges and how to approach strong cases against your client. Important techniques to strengthen your case such as exclusion of evidence based on police authority, validity of search warrants and use of surveillance devices are examined.    Mark Gumbleton practices principally in criminal law.  His expertise is in drug related proceedings and other organised crime; white-collar crime; OHS and other regulatory offences.   Carlin regularly appears in summary and indictable criminal proceedings both as junior counsel and as unled counsel. He has been briefed in a number of pre-trial applications, admissibility arguments and trials in the County Court. Tim practices primarily in criminal law and is available to appear in trials, contested hearings, committal hearings, pleas, bail applications and post-sentence supervision applications.   Sai is an experienced court advocate, accepting briefs in criminal, quasicriminal, and property law. Most notably, Sai appeared in a well-publicised case regarding gel blaster firearms in Victoria, where it was held that gel-blaster firearms do not meet the definition of a real firearm as defined by the Act.   Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.   Glenn Casement and Mietta McDonald discuss methods of mitigating general deterrence in sentencing. Methods and supporting precedents are presented as a way to tackle general deterrence when it appears in your case.   Glenn Casement has been a Barrister for over 15 years having been admitted in 2001, and signed the Bar roll in 2003. He also recently spent eight months in Nauru acting for the many asylum seekers that were charged with rioting and unlawful assembly following the destruction of the Regional Processing Centre.  Glenn Casement is a Victoria Legal Aid Criminal Trial preferred barrister.   Mietta accepts briefs in all areas of criminal and quasi-criminal law. Mietta commenced her legal career as Associate to her Honour Judge Hannan, then Head of the Criminal Division of the County Court. In this capacity, Mietta gained insight and practical experience in complex indictable matters including trials, fitness investigations, special hearings and supervision order applications.   Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.

Experts Shivani Pillai and Amara Hughes discuss intervention orders, covering relevant acts, magistrate powers, and application procedures. They explore the complexities of family violence cases, resolution options, legal implications, and defense strategies. The podcast provides insights on ethics, sanctions, and challenges in navigating intervention order cases, emphasizing the importance of evidence and consent.

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.   In this podcast, Peter Matthews and Cheryl Richardson discuss Prosecution Duty of Disclosure. Using supporting precedence, Peter discusses the scope of duty of disclosure and the consequences of a breach of this duty. Cheryl then speaks about legal professional privilege, the Criminal Procedure Act and public interest immunity.   Peter is an experienced trial and appellate advocate, practicing in criminal law, administrative law, disciplinary and licensing law and in coronial inquests and coercive inquiries. His criminal law practice encompasses all criminal proceedings and related proceedings, including jury trials in the County and Supreme Courts and appeals in the Court of Appeal and High Court.   Cheryl has substantial experience in occupational health and safety including the conduct of investigations and associated proceedings.  Cheryl also has criminal law experience, having worked at the Office of Public Prosecutions. Cheryl managed a broad range of matters involving homicide, drugs and fraud.   Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.   Tim Marsh introduces Dr Joanna Glengarry to speak about the role of a forensic pathologist particularly in homicide cases or cases that involve medical evidence. Dr Glengarry discusses the limitations of evidence that can be provided by a forensic pathologist and clarifies myths, expectations and misinformation regarding forensic pathology. Tim Marsh follows up this discussion with practical advice for solicitors and advocates when preparing a brief and finding themselves stumped as to how to get into the medical evidence   Tim Marsh completed a Law and a Science Degree at Melbourne University, majoring in Genetics. While Tim practices in all areas of crime, he has a strong practice in mental impairment and disability law.  His work at first instance and on appeal in this area have helped clarify and reshape how the Victorian Courts treat offenders with mental illnesses.   Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.

Following the conclusion of the Foley's February 2023 series, we are pleased to present a recap of all sessions of the Foley's February 2022 Series.   Philip Dunn KC, Madeline Sargent and Raphael de Vietri discuss the changing landscape of bail applications and the impact the pandemic has had on this process. The Bail Act and its definitions are looked at, and a checklist is available for download as a guide to the complexities of bail applications.   Philip Dunn KC is an experienced trial advocate who has conducted trials and pleas for forty years. As a trial lawyer he conducts defenses in all types of criminal matters; notably murder, conspiracy, corporate and tax fraud and, drug and sex offences.   Madeleine is an experienced advocate who accepts briefs to appear and advise in all areas of criminal law, including quasi-criminal areas, such as coronial inquests, disciplinary tribunals, investigations and Royal Commissions.    Raphael practices predominantly in criminal law, with a focus on serious and complex crime. He has appeared as counsel in matters involving terrorism, organised crime, homicide, sex offences, drug importation, major fraud, human exploitation, war crimes and military offences.   Please note that this podcast is a recording of a live event, and as such, audio quality may suffer in places.

Foley’s List is pleased to present the 2022 Family Law Breakfast Seminar in podcast form. This episode will take you through questions and answers about a post-covid hypothetical fact scenario.  The topics covered are: contraventions, valuations and adversarial experts, gifts and the assessment of contributions. We appreciate the special appearance of Justice Hartnett of the Federal Circuit and Family Court of Australia in asking the questions in this Q & A. Presenting the answers are Foley’s List Barristers: Vanessa Bacchetti, Amrita Malik, Bronia Tulloch, Laurence Fudim, Harriet Geddes and Alex Finemore. These presenters have also written detailed papers about the topics upon which they have been asked questions.  The hypothetic fact scenario and each of the papers can be found on the CPD resources page of Foley’s website.

Gavin Silbert QC and Brett Sonnet discusses the ethical obligations in cross examination of witnesses. They take a deeper look at the important statutory provisions and past judgements to canvass the rules, regulations and duties which apply to cross examination.

Raphael de Vietri provides an introduction to the expanding area of Post-Sentence Orders under the Serious Offenders Act, with an explanation of the historical background to the Act, its key terminology, Supervision and Detention Orders proceedings, and Breach Proceedings.