Think Foley's

Philip Dunn QC and Julia Kretzenbacher discuss some practical tips of running online hearings in the new normal, including what technology you might want to invest in, preparing the client for an online hearing and how barristers and solicitors can work together for online hearing.

Richard Edney and Kate Ballard address the issue of how to punish offenders who have a mental disorder. The understanding of what mental conditions can be treated as matters in mitigation has tended to change over time. What appeared to be settled was that personality disorders could not be used on behalf of an offender to mitigate an otherwise just and proportionate sentence. That position has been changed by the five-member decision of the Victorian Court of Appeal in Brown v The Queen [2020] VSCA 212.

Peter Chadwick QC and Jeremy Karitzis discuss the practical application Legal Profession Uniform Law Australian Solicitors Conduct Rules for solicitors practising in criminal law. Peter and Jeremy look at ethical questions including acting for guilty clients, knowing and managing conflicts of interest, balancing the client’s instructions against the obligation to act independently and forensically and knowing the limits to protected witness briefs under the Family Violence Protection Act.

David Cronin and Natalie Kaye review the changes to the law for sexual offences involving child and cognitively impaired complainants including an outline of changes, indictable matters, S198A applications, ground rules hearings, intermediaries and giving evidence by child or cognitively impaired complainants. 

William Lye OAM QC and Glen Pauline discuss commercial mediation starting with online mediation and their experiences with online platforms for conduct of mediations. Glen discusses the legislative framework for and issues arising in, mediation of commercial tenancy disputes that arose due to COVID-19 and the outcomes for landlords and tenants achieved through mediation. William also reviews the cultural issues that arise in commercial mediations in particular with relation to Asian cultures.

Cath Devine and Emma Heggie present a timely reminder of how the COVID-19 pandemic impacts on child support matters. This podcast outlines the significant changes to the child support legislation introduced in 2018 through that lens. Cath and Emma also analyse a recent Family Court decision dealing with the impact of COVID-19 on an application to set aside a binding child support agreement.

Philip Barton reviews Supreme Court and County Court cases over the past 5 years on contracts of sale of land: 1. Offer and Acceptance including a solicitor’s authority to conclude a contract and a company director’s authority to make a contract 2. The 4 Masters v Cameron categories and contract interpretation 3. Statute of Frauds 4. Void for Uncertainty 5. Estoppel against denying existence of a contract 6. Section 32 statements 7. Cooling off under s 31 Sale of Land Act

Bronia Tulloch and Caroline Jenkins discuss the authorities relevant to common issues in the assessment of contributions in family law property cases. The emphasis is on situations where money or property has been provided to a party to a marriage by family members. The case law discussed covers the treatment of “gift vs loan”, resulting trusts and the presumption of advancement, the impact of timing on the weight to be given and the treatment of inheritances.

Brenton Devanny explains what has changed in insolvency law, how it has affected small business and what the package of reforms promise for small business in 2021. 2020 has been a year where many of the historical practices of insolvency law and how it relates to small business have been delayed and deferred. This presentation includes a summary of changes to insolvent trading, statutory demands and bankruptcy notices, and generally the proposed debtor-in-possession restructuring regime and simplified liquidations.

Sam Tatarka and Michele Brooks present tips and traps for solicitors. This presentation provides a refresher on the key requirements for Victorian lawyers around their LPUL compliance obligations and the consequences of non-compliance, with a broader focus on strategies to improve compliance, proactively manage client complaints and update risk management strategies to avoid problems in future. The session ends with some practical tips to consider when reviewing and updating existing costs agreements.