

Think Foley's
Foley's List
Foley's List presents the 'Think Foley's' podcast dedicated to providing informative and convenient on-the-go Continuing Professional Development (CPD) listening for legal professionals.
Episodes
Mentioned books

Feb 3, 2023 • 44min
S4 Episode 6: Tackling General Deterrence - Foley's February 2022 Series Recap
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.

Feb 2, 2023 • 54min
S4 Episode 5: Intervention Orders - Foley's February 2022 Series Recap
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.

Feb 1, 2023 • 58min
S4 Episode 4: Prosecution Duty of Disclosure - Foley's February 2022 Series Recap
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.

Jan 31, 2023 • 59min
S4 Episode 3: Forensics - Foley's February 2022 Series Recap
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.

Jan 30, 2023 • 59min
S4 Episode 2: Making of Bail Applications in 2022 - Foley's February 2022 Series Recap
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.

Oct 24, 2022 • 59min
S4 Episode 1: A Family Law Post-Covid Hypothetical
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.

Mar 22, 2022 • 37min
S3 Episode 14: Ethical Cross Examination
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.

Mar 22, 2022 • 1h 1min
S3 Episode 13: Supervision Orders under the Serious Offenders Act 2018
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.
Dec 13, 2021 • 55min
S3 Episode 12: County Court or VCAT? New jurisdictional implications for domestic building disputes
Jennika Anthony-Shaw and Julian Lynch discusses the new jurisdictional implications for domestic building disputes following the case of Uber Builders and Developers Pty Ltd v MIFA Pty Ltd & Anor [2021] VCC 1677. First, they examine the key legislation and pre-existing systems in place to deal with domestic building disputes and look into the important cases leading up to Uber. Then, they review the Uber judgement and discuss some of its important implications.
Dec 7, 2021 • 51min
S3 Episode 11: Best Practice Negotiation and Mediation Skills
Carey Nichol discusses the preparation and strategies required to enhance the likelihood of a successful outcome in mediation. He covers what should go into case preparation, client preparation, and mediation preparation, then shares some tips and tricks to negotiating and breaking an impasse.


