Think Foley's

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).

Adrian Hoel presents a "how-to" guide for practitioners responding to subpoenas to produce documents. It touches upon all the critical aspects of responding to subpoenas, including objections to production and objections to inspection. It identifies strategies for resolving objections, answers frequently asked questions and identifies potential missteps. This presentation focuses upon civil subpoenas in the Supreme Court of Victoria but will be useful in other Victorian and Federal court jurisdictions. Episode notes can be found: https://foleys.com.au/ResourceDetails.aspx?rid=502&cid=5

Sharon Lacy and Annie Yuan will outline when the court can consider matters of family hardship in sentencing State and Commonwealth offences and provide some practical tips on how to run a family hardship argument. Sharon and Annie discuss the Court of Appeal decision of Borg v The Queen and how it affects the threshold for proof for family hardship.

Simon Fuller presents an overview of recent cases involving ethics and related developments. Episode notes: Recent Case Updates and Developments