Belle Lane and Alex Metherell share their experiences, insights, and wisdom of Mediation in Family Law and then take a deeper look at the legislation pertaining to it. Belle explores mentalisation and the procedural justice effect as some of the things to keep in mind, in order to get the best out of both parties. Alex examines the legislation and caselaw relating to the enforceability and admissibility of written agreements made at Mediations.

Simon Fuller discusses equitable interests in land insofar as they are relevant to family law disputes.  The seminar covers the relevance of equity to family law matters with particular reference to Parts VIII, VIIIAA and VIIIAB of the Family Law Act and the concept of accrued jurisdiction. It also considers the preliminary matters considerations in equitable land disputes including caveats, joinder, and pleadings.  Finally, the seminar also considers some types of equitable proprietary claims including resulting trusts, constructive trusts, and proprietary estoppel. To download the complementary presentation slides which outlines the cases and legislation which Simon references, visit https://foleys.com.au/ResourceDetails.aspx?rid=509&cid=3

In this episode of the Family Law CPD online series, Bronia explores the legislation and caselaw relevant to the question “What is a financial resource?” She examines the leading authorities and considers the types of information and evidence that practitioners should obtain when assessing whether their client or the other party has a “financial resource” in proceedings for spousal maintenance and/or property settlement.  Foley’s is proud to be the FIRST List to provide CPD seminars via our free CPD Podcast - Think Foley’s. More CPD resources can be found on Foley's website https://foleys.com.au/cpdresources.aspx 

In this final episode of season 2, Glen Pauline examines the 2021 changes to the Franchising Code as a follow up to Season 1 Episode 12 “The Franchising Code of Conduct.” Glen discusses his experiences as counsel in a recent case, the task force principles in relation to dispute resolution, then the key dispute resolution changes to the Code, and some changes relating to legal costs for cooling off, restraint clauses, and marketing funds.

Marcus Dempsey and Tim Bourbon outline the relevant legislative tests before discussing, from a practical perspective, what is required to satisfy them. One of the stated aims of the standard sentence scheme is to increase the length of sentences that are imposed for relevant offences. In Part 2 of this presentation, Marcus and Tim also outline the background to the enactment of the scheme, as well as the relevant legislative provisions, before discussing a number of Court of Appeal decisions in which those provisions have been considered, most notably Brown and The Queen (2019) 59 VR 462.

Felicity Fox and Tessa Duthie review the hot topics in employment and occupational health and safety including sexual harassment and vicarious liability, independent contractor & employee distinction, workplace bullying and OHS laws, legal representation in the Fair Work Commission, industrial manslaughter and the meaning of complaint or inquiry in adverse action claims.

Michael Stanton and Jonathan Barreiro will consider the background and current state of the law with regard to presumptive and mandatory sentencing in Victoria. It will assist practitioners to understand how the reforms have been introduced and entrenched, and how exceptions have been made more difficult to satisfy.

Klaus Mueller and Nick Dubrow review the common issues that need to be considered in serious injury leave applications. 

Jonathan Bayly discusses the circumstances in which a party to a judicial review proceeding can lead evidence that goes beyond the material that was before the decision maker when it made the decision under review, as well as the rare circumstances in which a party to such a proceeding can obtain an order for discovery. Episode notes can be found: https://foleys.com.au/ResourceDetails.aspx?rid=504&cid=5 

Philip Barton reviews Victorian Supreme and County Court cases for approx. the last 5 years on performance and breach of contracts of sale of land including: Rescission for mistake; Rectification; Construction and interpretation of contracts; Severance of terms; Variation of contracts; Breach – the prevention principle; Anticipatory breach; Rescission for breach pursuant to notice or repudiation; Specific Performance; Forfeiture of deposit or relief against it under s. 49 of the Property Law Act 1958 (PLA).