Think Foley's

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

Robyn Wheeler and Vanessa Bacchetti will sooth your souls with a guide to how to deal with seeking to start a case out of time, seeking to set aside a final order out of time and seeking to appeal out of time. They will take you through the labyrinth of Powers of the Registrars, Senior Registrars and the Judicial Officers in each court; just "in time" for all the rules to be changed yet again (due to the Court merger). Episode notes available: Time and Running Out Of It - Robyn Wheeler Commencing an Appeal Overview - Vanessa Bacchetti Table of Time Limits Under the Rules and Family Law Act - Vanessa Bacchetti

Jennika Anthony-Shaw and Michael Sharkey discuss the matters to be aware of and the issues which may arise in briefing. Jennika and Michael explore compliance with the relevant court rules, VCAT practice note, the Evidence Act 2008 and the Civil Procedure Act 2010 and relevant authorities with a focus on the practicalities of briefing experts. With a focus on building disputes, the material canvassed is relevant to all areas of civil litigation where expert witnesses are engaged.

Guy Gilbert SC and Chris Oldham start their discussion on mandatory visa cancellation when a client fails the character test and is serving a term of imprisonment. They discuss the process for revoking a visa cancellation and ways legal representative can assist in that process, other methods of cancellation, the appeals process when revocation is not successful, and sentencing considerations for clients that have had their visas cancelled.

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.