Strength and Diversity in All Areas of Law

Congratulations to everyone who electronically signed the Victorian Bar Roll on October 21 2021 enabling them to step across the threshold and begin their next adventure as Barrister at Law.

We're proud to introduce our new Readers who are now accepting briefs in all different areas of law: Paris Lettau; Stephen Bunce; Sai Ranjit; Amara Hughes; Julian Lynch; Nicholas Dodds; Amrita Malik; Olivia Callahan; Cheryl Richardson; and Alyse Mobrici.

We are confident that this excellent group will be great Barristers to represent and advocate clients, reflecting the diversity of backgrounds and breadth of legal knowledge of Foley’s List.

Our new readers are officially accepting briefs and ready to get to work as barristers. 

To engage a barrister, please contact a member of our clerking team on 03 9225 7777 or email foleys@foleys.com.au

Foley's List is thrilled to congratulate Caroline Jenkins on her appointment as Judge in Division 2 of the Federal Circuit and Family Court of Australia, Adelaide Registry. We wish Caroline all the best in her judicial career!

Caroline Jenkins signed the Bar Roll in 2003 and has since developed a solid practice in Family Law, defacto property,  child support and intervention orders.

Caroline appeared in all areas of Family Law including both children and property matters.  In addition to appearing regularly in the Family Court and Federal Circuit Court in Melbourne as well as Magistrates' Courts (in Melbourne and Country Victoria), Caroline regularly attended country circuits and was available to travel interstate, having appeared in Sydney, Adelaide, Perth, Newcastle and Canberra.

Caroline was also available to provide advice and draft documents for Family Law matters as well as to attend mediations both on behalf of clients and as a Nationally Accredited Mediator. Caroline is also an AIFLAM Certified Arbitrator. 

Our Think Foley’s Commercial Law CPD Podcast series returns next month to provide you with a range of high quality, informative, audio resources & seminars on a wide range of commercial areas of law.

Our series will cover topics including the latest updates in building and construction, planning, property, tax, wills & estates, and more.

This podcast series is free of charge – to be released from the week beginning 22^nd November.

To sign up for notification of when episodes are released, subscribe to this link: https://forms.office.com/r/y0PByfwkbU

To listen to our past episodes, visit the CPD resources page of our website: https://foleys.com.au/cpdresources.aspx

Congratulations to Lachlan Wraith on being recognised as a Recommended Wills & Estates Litigation Barrister in Australia by Doyle's Guide.

He has already ranked as a Leading Barrister in Victoria for this area of law and we're thrilled that he has been further recognised in the wider Australian legal community.

Lachlan Wraith has a broad and practical understanding of legal and taxation issues related to estates, trusts (testamentary, family, special disability, and compensation trusts), charitable trusts (including “PAFS”) and representative administrations (VCAT and EPoA). He is intimately acquainted with issues relating to licensed trustee companies, Chapter 5D of the Corporations Act and the regulatory environment in which licensed trustee companies operate. Lachlan also has considerable experience in the management and litigation of deceased estates

To engage with Lachlan, please contact one of Foley's clerks:
📞(03) 9225 7777
✉️ foleys@foleys.com.au
🌐 www.foleys.com.au/ContactUs.aspx

A rare opportunity has arisen for an energetic individual to join our dynamic clerking team on a full-time basis.

This demanding but rewarding role requires a combination of strong interpersonal skills and commercial acumen.

You will be joining a tight-knit and high-performing team of 20 staff.

Your primary role as a Junior Clerk is to act as an agent for our barristers. Duties include practice management, business development, and various management responsibilities. 

About Foley's List
With over 300 members, Foley's List is the largest List of barristers at the Victorian Bar. Independently owned, our barristers service the legal fraternity in all areas of practice throughout Australia and internationally.

The List is managed by an experienced, energetic, and professional Clerking team. The Clerks and the List’s support staff have an unrivalled repu­tation for providing superior service and ensuring equal opportunity for all List Members.

And now, we are hoping you can join our team to continue our record of excellent service.

About You
You are:

A team player with an energetic and can-do disposition who performs well under pressure and is an enthusiastic networker.

You have:

• Long-term career aspirations in legal administration
• Experience in a professional service firm
• Good face-to-face communication and interpersonal skills for dealing with barristers, solicitors, clients, court officials, and judges
• Excellent telephone manner and strong written communication skills 
• Excellent negotiation skills
• Attention to detail and accuracy
• Computer literacy
• The maturity to respect and manage confidential information
• Initiative, integrity, and self-motivation
• Organisational and planning ability, to handle competing demands of barristers and solicitors concurrently
• The ability to work under pressure

Experience in a legal environment is preferred but not essential.

About the Role

This is a full-time position, Monday to Friday. Located in the CBD.
(WFH during Lockdowns – work phone & laptop provided)

To find out more information, and to apply for this role, visit: https://www.seek.com.au/job/54089435

Congratulations to Your Honours Rohan Lawrence and Cecily Hollingworth on your appointments to the Magistrates' Court of Victoria!

Though Foley's List will be losing two great Barrister, we wish them all the best in the Magistrates' Court!

The team at Foley’s List welcomes Campbell Hangay to the list. We are delighted to be joined by Campbell’s 14 years of experience and expertise.

Campbell has an established practice in Personal Injury Law and accepts briefs to appear in common law trials, workers compensation hearings, motor vehicle accident claims, public liability / occupier liability claims.

Campbell also has an appellate and judicial review practice with a special interest in judicial review of Medical Panel determinations. He also accepts briefs in administrative law, and animal welfare law.

To engage with Campbell Hangay, contact Foley’s Clerks:
📞 Telephone: 03 9225 7777
✉️ Email: foleys@foleys.com.au
🌐 Website: www.foleys.com.au

Foley's List is thrilled to congratulate Andrew Panna QC, Lachlan Wraith, and Andrew Dickenson for his recognition by Doyle's Guide as a Recommended Wills & Estates Litigation Barrister in Victoria 2021. We are delighted that their fantastic work has been recognised by the legal community in Victoria. 

Andrew Panna QC 

Andrew Panna QC practises primarily in Commercial, Contract, Bankruptcy, Equity, Trusts, Company, and Admiralty and Maritime Law, Intellectual Property ( Copyright, Trade Marks, Designs, Patents, Confidential Information ), Media and Entertainment, Trade Practices, Retail Tenancies and Testators Family Maintenance, Sale and Transportation of Goods by sea and air. His briefs to appear are at the County, Supreme and Federal Court level. General advice briefs are welcome.

Lauchlan Wraith 

Lachlan Wraith has a broad and practical understanding of legal and taxation issues related to estates, trusts (testamentary, family, special disability, and compensation trusts), charitable trusts (including “PAFS”) and representative administrations (VCAT and EPoA). He is intimately acquainted with issues relating to licensed trustee companies, Chapter 5D of the Corporations Act and the regulatory environment in which licensed trustee companies operate. Lachlan also has considerable experience in the management and litigation of deceased estates. 

Andrew Dickenson

Andrew Dickenson practises mostly in the area of wills and estates, including the testators family maintenance claims, and equity and trusts. Andrew also appears regularly in proceedings involving real property including sale of land disputes and caveat removal applications.

Season 3 Episode 4 of Think Foley's Podcast is now live and available for download.

“Who gets the Gold Bar?” – A look at the complex labyrinth of how the court deals with an Inheritance – presented by Robyn Wheeler

In this episode, Robyn Wheeler examines inheritances and how they are treated in Family Courts. She takes a deeper look into cases including Aleksovski v Aleksovski (1996), from which the infamous “Gold Bar” quote originates, to as recent as the 2021 case Roverati & Roverati and explores the different considerations that influence how ‘the Gold Bar’ is split between parties. 

You can listen to this episode on Foley's Website,  Apple Podcast, Spotify, or search Think Foley's on your preferred podcast platform.

Presenter:

Robyn Wheeler  is an experienced trial advocate. Her practice involves complex property and children cases, appellate work, and she conducts successful mediations. Prior to being called to the bar Robyn was a partner in a national firm heading the Family Law section. Robyn has a particular interest in Equitable interests and “farming cases” given her background. Robyn’s practice has taken her interstate on circuits, and to a number of other registries of the Family Court and the Federal Circuit Court.

Previous Episodes:

• Financial resources in Family Law – Bronia Tulloch: LISTEN 
• Equitable interests in land – Simon Fuller: LISTEN
• Mediation: The Good, the Bad, and the Binding - Belle Lane & Alex Metherell: LISTEN

View the full program outline for our Family Law CPD Online series: DOWNLOAD

To receive updates when new episodes are released: SUBSCRIBE

Foley’s List is excited to announce our upcoming podcast:
𝗧𝗵𝗲 𝗡𝗲𝘄 𝗙𝗲𝗱𝗲𝗿𝗮𝗹 𝗖𝗶𝗿𝗰𝘂𝗶𝘁 𝗮𝗻𝗱 𝗙𝗮𝗺𝗶𝗹𝘆 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝘂𝘀𝘁𝗿𝗮𝗹𝗶𝗮
– Presented by Anna Parker and Simon Fuller

With the Family Court of Australia and the Federal Circuit Court to merge into The Federal Circuit and Family Court of Australia this September 1, Foley's List Barrister Simon Fuller will be sitting down with Anna Parker (Senior Registrar & National Operations Registrar—Judicial Case Management, and formerly of Foley’s List) ) to discuss this merger and all that it entails, including:

- Increased emphasis on alternative dispute resolution
- Changes in child inclusive conference reports
- New expected timeframes
- Contraventions
- New litigant and practitioner obligations

This Seminar will be released early September, free of charge. It will be presented in the easily accessible form of an episode of our Think Foley’s CPD podcast series.

𝗖𝗹𝗶𝗰𝗸 𝗵𝗲𝗿𝗲 𝘁𝗼 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿 𝘆𝗼𝘂𝗿 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁 𝗮𝗻𝗱 𝗿𝗲𝗰𝗲𝗶𝘃𝗲 𝗻𝗼𝘁𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝘄𝗵𝗲𝗻 𝘁𝗵𝗲 𝗲𝗽𝗶𝘀𝗼𝗱𝗲 𝗶𝘀 𝗿𝗲𝗹𝗲𝗮𝘀𝗲𝗱: http://eepurl.com/gSF5EL

It is unfortunate that we weren't able to have our usual Readers Welcome Night to welcome the September 2021 intake.

Nevertheless, we're elated to have met up over Zoom last night to finally welcome our newest additions to Foley's List.

It is with great pleasure that we now introduce the following Readers:
- Alyse Mobrici (Tax & more)
- Amara Hughes (Crime & more)
- Amrita Malik (Family & more)
- Cheryl Richardson (Admin/Public & more)
- Julian Lynch (Construction & more)
- Nicholas Dodds (Tax & more)
- Olivia Callahan (Crime & more)
- Paris Lettau (Workplace Relations & more)
- Sai Ranjit (Crime & more)
- Stephen Bunce (Commercial & more)

They will be open to accepting briefs after signing the Bar Roll on 21 October.
We look forward to seeing great work from these amazing Readers!

Congratulations to the following Barristers who has been recognised in Doyle's Guide's Administrative & Public Law ranking. We're thrilled to see their hard work recognised in the legal community. 

Dr Ian Freckleton AO QC 

Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally in cases which require a high level of strategic skills and close analysis of technical material in the form of expert evidence. He has particular skills in addressing the broader repercussions of  legal disputation so that clients can achieve outcomes which address the issues that have taken them before courts and tribunals. He is an assertive and analytical advocate, equally comfortable with oral advocacy and written submissions, whether these be at first instance or on appeal.

Steven Brnovic

Steven has recently concluded as Counsel Assisting the COVID-19 Hotel Quarantine Inquiry. Since coming to the Bar, Steven has appeared in public and regulatory law, employment law and licensing matters.  Steven has a strong presence in the Review and Regulation and Residential Tenancies lists at VCAT.  He regularly acts for the Department of Justice and Community Safety, Department of Transport, Victorian Building Authority, Victoria Police and VicRoads in all jurisdictions.  He has conducted judicial review proceedings with respect to VCAT decisions (both led and unled), conducted and defended summary prosecutions, and has a strong advisory practice, including with respect to energy and gaming regulation.

Fiona McKenzie 

Fiona McKenzie practises mainly in the area of administrative law. In recent years she has focussed on Aged Care work for Aged Care providers who are facing regulatory action by the Department of Health and Aged Care or the Australian Aged Care Quality Agency.

She has a strong academic background which includes a Master of Laws at the ANU, where she submitted a thesis on international human rights law issues arising in the Australian Federal jurisdiction. She has written a book for practitioners and decision makers, 'Administrative Power and the Law', which has been reviewed favourably here and in the UK.

James Stoller 

James has a broad practise in commercial, public and regulatory law.  He also practises in some areas of common law.  James acts for and against government parties in:

• Judicial review proceedings and statutory appeals. 
• Professional disciplinary, licensing, and other regulatory proceedings.  
• Merits review proceedings before VCAT and other specialist tribunals, including in relation to professional and occupational regulation, licensing, payment of statutory benefits, and freedom of information.
• Various other public law matters, including anti-discrimination proceedings, commissions of inquiry, regulatory investigations, disputes in relation to public interest immunity and client legal privilege, applications for closed court and proceeding suppression orders, and statutory prosecutions in a regulatory context. 

Congratulations to the following Barristers who has not only been recognised earlier in Doyle's Guide's Criminal Law Ranking for Victoria 2021, but now again Australia-wide. Foley's List is very proud to see their hard work recognised by the legal community across Australia.

Philip Dunn QC—Leading Criminal Law Senior Counsel, Australia 2021

Philip Dunn QC is an experienced trial advocate who has conducted trials and pleas for forty years. Philip is based at Crockett Chambers in Melbourne but regularly appears in all states in Australia. As a trial lawyer he conducts defences in all types of criminal matters; notably murder, conspiracy, corporate and tax fraud and, drug and sex offences. In addition, Philip has appeared in many Royal Commissions, inquests and sports law matters.

 Paul Holdenson QC—Recommended Criminal Law Senior Counsel, Australia 2021

Paul Holdenson Q.C.(LL.B. (Hons.), B.Ed. (Accounting), Dip.Crim., Dip. Math. Sci.) was admitted in Victoria and signed the Bar Roll in 1989. He is also admitted to practice in N.T, N.S.W., Tasmania and W.A. Paul was appointed one of her Majesty's Counsel in 1998. He was accredited as a mediator in 1995. Paul has developed a specialist practice as an appellate advocate, appearing predominantly in criminal appeals. He regularly appears before the Victorian Court of Appeal, the High Court of Australia and interstate appellate courts, including Western Australia, South Australia and Tasmania.

Richard Edney—Leading Criminal Law Junior Counsel, Australia 2021

Richard Edney was admitted to practice in 1997. From 1998 to 2002 he worked as a criminal lawyer for the Victorian Aboriginal Legal Service. He then worked as Senior Lecturer in Law at Deakin University and taught evidence and criminal law. During this time he was also a consultant solicitor advocate for the law firm Doogue & O'Brien and appeared in the Magistrates, County and Supreme Courts in criminal matters.

Mark Gumbleton—Recommended Criminal Law Junior Counsel, Australia 2021

Mark Gumbleton practices principally in criminal law.  His expertise is in drug related proceedings and other organised crime; white-collar crime; OHS and other regulatory offences.  He holds a doctorate in criminal law, in the area of complicity.  Mark has been listed in Doyle's Guide to the Leading Criminal Law Barristers since its inception for each of the following years: 2015, 2016, 2017, 2018, 2019, 2020 and 2021.

Anthony Lewis—Recommended Criminal Law Junior Counsel, Australia 2021

Anthony Lewis has experience in a range of areas including criminal law, commercial crime, proceeds of crime and occupational health and safety law. He has appeared in criminal trials in the County and Supreme Courts and in appeals in the Court of Appeal.  Anthony is a Victoria Legal Aid Criminal Trial preferred barrister.  He is also an accredited specialist criminal law advocate under the Victorian Bar's Indictable Crime Certificate program. Anthony’s experience also extends to coronial inquests and to regulatory investigations and disciplinary hearings.

Simon Moglia—Recommended Criminal Law Junior Counsel, Australia 2021 

Congratulations to Jonathan Evans QC and Peter Fary SC, who was not only recognised in Doyle's Guide's Insolvency and Restructuring Ranking for Victoria 2021 last month, but now also as Recommended, across all Australia.

Jonathan Evans QC has a broad range of trial and appellate experience in commercial litigation spanning more than 20 years, specialising particularly in insolvency, corporations, property and trust law. He has acted and continues to act for numerous administrators, receivers and liquidators in respect of complex administrations.

Peter Fary SC practises in commercial and insolvency litigation and alternative dispute resolution. He appears regularly in interlocutory hearings, trials and appeals in the Federal, Supreme, Family, County, and Federal Circuit Courts.

Season 3 Episode 3 of Think Foley's Podcast is now live and available for download.

Mediation – the Good, the Bad, and the Binding – presented by Belle Lane & Alex Metherell

Belle and Alex 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.

Visit our website, Apple Podcast, or Spotify to listen to this episode, or search Think Foley’s on your preferred podcast platform.

Presenters:

Belle Lane  is an experienced mediator conducting mediations both in person and online, and teaches Mediation at AIFLAM. She practises in all areas of the family law and de facto jurisdictions, including pre-trial applications, trials, mediations, arbitrations, advice, and paperwork. 

Alex Metherell is an advocate with experience in family law and related jurisdictions. Alex appears in the Federal Circuit Court, Family Court and Magistrates’ Courts. She accepts briefs to appear at both local and interstate registries, to undertake regional and circuit work, mediations, and paperwork.

Previous Episodes:

• Financial resources in Family Law – Bronia Tulloch: LISTEN 
• Equitable interests in land – Simon Fuller: LISTEN

View the full program outline for our Family Law CPD Online series: DOWNLOAD

To receive updates when new episodes are released: SUBSCRIBE

Season 3 Episode 2 of Think Foley's Podcast is now live and available for download.

Simon Fuller presents: Equitable interests in land

In this episode, Simon 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.

Listen to this episode on our website, Apple Podcast, Spotify, or search Think Foley’s on your preferred podcast platform.

View the accompanying Powerpoint which outlines many of the cases, principles, and statutory provisions referenced. VIEW

This is the second part of our 2021 Family Law CPD Online series, with more episodes to come every week this August, to give you high quality informative content in accessible, convenient podcast form.

View the full program outline for our Family Law CPD Online series. VIEW

Listen to our previous episodes: 

• Bronia Tulloch presents Financial resources in family law LISTEN

To receive updates when new episodes are released, SUBSCRIBE

Congratulations to Caroline Kenny QC for being recognised on Doyle's Guide as a leading arbitration barrister! We're thrilled that her impressive work in arbitration has been recognised by the Australian legal community. 

Caroline Kenny QC

Caroline has more than 30 years’ experience in commercial disputes including as  Queens’ Counsel for 12 years, as a nationally accredited mediator and as an arbitrator. She has practised in Australia, New York and London and is admitted in all three jurisdictions.  She was appointed Queens Counsel in 2008.

Caroline maintains chambers at Owen Dixon Chambers West in Melbourne, Australia, and at 4-5 Gray’s Inn Square, London. She practices in a broad range of commercial law, insurance law, construction, energy and intellectual property disputes. 

Caroline is a Chartered Arbitrator and regularly sits as an arbitrator. She is the President of the Australian branch of the Chartered Institute of Arbitrators (CIArb), a Fellow of CIArb, a Fellow of the Australian Centre For Commercial Arbitration (ACICA) and a Fellow of  the Arbitrators’ and Mediatiors’ Institute of New Zealand (AMINZ). Her arbitration experience includes appointments as counsel, sole arbitrator and presiding arbitrator in numerous international commercial arbitrations under the rules of major arbitral institutions.  She is on the London based CIArb Approved Faculty Listing (AFL) and has taught the CIArb pre-eminent Diploma Course in International Commercial Arbitration in Australia, Singapore, Hong Kong and for three successive years at Oxford university. Caroline was the Course Director for the APAC Diploma in International Arbitration course held in Perth in July 2018 and in Singapore in May 2019.  She is also the Course Director for the CIArb Accelerated Route to Fellowship course and for the CIArb Award Writing course.

Caroline’s ruling as a sole arbitrator in a challenge to jurisdiction was upheld by the High Court of Singapore and led to new law on an arbitral tribunal’s discretion when a challenge to jurisdiction is made:  Malini Ventura v Knight Capital Pte Ltd and others  SGHC 225.

To download Caroline's CV click here.  For a list of cases in which Caroline has been involved click here.

The team at Foley's offers our heartfelt congratulations to Stewart Bayles and Kellie Blair, for their appointment as Judge of the County Court. We're saddened to lose two brilliant Barristers, but wish you both all the best in your future endeavours! 

Stewart Bayles regularly appeared in criminal trials in the County and Supreme Courts, and also in conviction and sentence appeals in the Court of Appeal. He is experienced in all aspects of the criminal trial process.

Stewart has extensive experience representing persons charged with offences against the Commonwealth Criminal Code, including terrorism and the importation of drugs and other substances. He also appears in murder trials, and has a particular interest in trials involving medical and scientific evidence.

Stewart also accepted briefs to appear in Coronial inquests, commissions of inquiry, and compulsory hearings at coercive agencies.

Stewart is a holder of the Victorian Bar's Indictable Crime Certificate. He is on the VLA Preferred Barrister List, and is among the senior barristers in the VLA Trial Counsel Development Program. He is a member of Brian Bourke Chambers.

Kellie Blair had practised exclusively as a criminal defence lawyer for almost three decades.

As a solicitor advocate Kellie was an Accredited Criminal Law Specialist and worked for both boutique criminal law firms and Victoria Legal Aid. She has represented clients from all walks of life, charged with a myriad of offences in the Children’s Court, Magistrates’ Court, and the County and Supreme Courts.

As counsel Kellie predominately appeared in County Court trials but was happy to accept briefs across all jurisdictions in all criminal matters. She has held an Indictable Crime Certificate since August, 2016 and is on the Victoria Legal Aid Criminal Trial Preferred Barrister List.

Kellie’s advocacy skills are as tenacious as they are persuasive. Having devoted her legal career to criminal defence work Kellie knows well the art of court craft in adversarial proceedings. Her considerable experience in this jurisdiction, is founded on a focussed and resolute approach to achieving the best outcome for her clients.

Kellie signed the Bar Roll in 2002 and is one of the few senior women barristers practising in criminal law at the Victorian Bar.