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

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

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. 

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.

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

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

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. 

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 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 

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

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 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.

Season 3 Episode 1 of Think Foley's Podcast is now live and available for download!

This is the first 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.

In this episode, Bronia Tulloch explores the legislation and caselaw relevant to the question “What is a financial resource?”.

She examines the leading authorities and considers the types of information and evidence that practitioners should obtain when assessing whether their client or the other party has a “financial resource” in proceedings for spousal maintenance and/or property settlement. 

Listen to this episode here or search Think Foley’s on your preferred podcast platform.

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

To receive updates when new episodes are released, subscribe here

Following the success of our “virtual breakfast” for the Family Law CPD Series in 2020, we will be presenting the 2021 Family Law Breakfast online once again this year! 

This August, Foley’s Family Law Barristers will present a series of podcasts on a range of family law topics as an accessible and informative resource for professional development. This is a great opportunity to get your CPD points in one place in your own time, on your commute, while you cook or during a walk!

We're thrilled to finally announce the following presenters and their topics for this podcast series: 

• Bronia Tulloch: Financial resources in Family Law 
• Simon Fuller: Equitable interests in land 
• Belle Lane and Alex Metherell: Mediation: the good, the bad, and the binding. 
• Laura Colla and Jeanette Swann: “I object, your Honour!” – when, how and why to object to evidence by affidavit. “I won and now I want costs, your Honour!” – when, how and why to apply for costs.
• Robyn Wheeler: “Who gets the Gold Bar?” – A look at the complex labyrinth of how the court deals with an Inheritance.

To view the full program, click here 

To keep up to date and be notified when new episodes are released, subscribe here

Congratulations to all Foley's List barristers recognised by the 2021 Doyle's Guide rankings for Leading Criminal Law Barristers in Victoria.

This listing details barristers practising in criminal law matters in the Victorian legal market who have been identified by Victoria’s Criminal law solicitors for their expertise and abilities in the area.

We are thrilled for our barristers whose skills and hard work have been recognised by the legal community – excellent work, everyone. 

LEADING CRIMINAL LAW SENIOR COUNSEL – VICTORIA, 2021

PREEMINENT 
Philip Dunn QC

LEADING
Paul Holdenson QC

RECOMMENDED
Daniel Gurvich QC

LEADING CRIMINAL LAW JUNIOR COUNSEL – VICTORIA, 2021

PREEMINENT 
Richard Edney

LEADING
Stewart Bayles 
Anthony Lewis 
Simon Moglia 
Mark Gumbleton

RECOMMENDED
Sharon Lacy 
Peter Matthews 
Glenn Casement 
Tim Marsh 
Michael McGrath 
Michael Stanton

32 individuals virtually signed the Victorian Bar Roll on 22 October 2020 enabling them to step across the threshold and begin their next adventure as Barrister at Law.

Foley's List personally congratulates Shannon Jenkins, Bridie Kelly, Julian R Murphy and Simon Thomas for their hard work, cool spirit and determination during this unprecedented time. Welcome to the Foley's family team! We look forward to watching you work.

Our new readers are officially accepting briefs and ready to get to work as barristers. Their full bios can be found here https://lnkd.in/gejNwpz

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

#thinkfoleys #womeninlaw #auslaw #newreaders #vicbar

Congratulations to Foley's List members Christopher Carr, Elizabeth Ruddle and Peter Fary who were appointed as Senior Counsel in and for the State of Victoria by Chief Justice Anne Ferguson.

They will be welcomed to the Court by way of virtual ceremony on Wednesday 18 November 2020.

Victorian Bar media release

#thinkfoleys #womeninlaw #seniorcounsel #vicbar

Vale Eng B (Robin) Chan
23 October 1978 - 28 September 2020

With great sadness Foley's List notes the unexpected passing of Robin Chan, a member of the Victorian Bar since May 2013 who specialised in commercial, equity, probate, tax and administrative law.

Robin was born in Malaysia and largely educated in Singapore before he came to Australia to study at the University of Melbourne.

Robin was admitted to practice on 17 April 2007 and before coming to the Bar was:
• a solicitor in the Tax and Banking & Finance groups of Deacons Lawyers (now Norton Rose Fulbright);
• a researcher in the Court of Appeal Division of the Supreme Court of Victoria;
• an associate to the Honourable Justice Chris Maxwell (President of the Court of Appeal Division of the Supreme Court of Victoria);
• an associate to the Honourable Justice Susan Kenny of the Federal Court of Australia; and
• an associate to the Honourable Justice Habersberger (Trial Division of the Supreme Court of Victoria).

At the Bar, Robin was a quiet and very reserved practitioner to most of the world, but to the privileged few who knew and worked with him, Robin’s outrageous wit, mischievous sense of humour and infectious laughter could light up not just a room but an entire floor. When analysis time came, Robin’s demeanour changed, the perfectionist appeared and his incredible grasp of authority came to the fore. He was a valued and trusted colleague, team member, adviser and friend, who counted Federal, Supreme and High Court judges in his admirers.

Robin leaves his parents Cheng San Chan and Kim Bee Tong, sister Lee Shia Chan, Brothers Weng Keong (Stan) Chan and Eng Bung (Jake) Chan, and girlfriend Jenny Foo.

He will long be cherished and remembered, and sorely missed.

Building resilience in the workplace has always been a tough nut to crack, no matter the industry. And now more than ever, individuals are learning and growing as they are thrown into unprecedented times.

Foley's Barrister Jason Gullaci interviews Barristers Julie Condon QC and Philip Dunn QC as they share insights on building resilience in the workplace, in personal lives and during the current COVID-19 pandemic.  

Full article here

Foley's List Members and Staff congratulate Fiona Todd on her appointment as a judge of the County Court of Victoria.

Full announcement https://lnkd.in/gussH-m

#womeninlaw #auslaw #countycourt

48 individuals virtually signed the Victorian Bar Roll on Thursday, 7 May 2020 enabling them to step across the threshold and begin their next adventure as Barrister at Law.

Foley’s List personally congratulates Michael Arbogast, Raphael de Vietri, Tessa Duthie, Jenaya Ellis, Alex Finemore, Robert Glavas, Jeremy Karitzis, Matt Murphy, Stewart Pinkstone, Madeleine Sargent and Priya Wakhlu for their hard work, cool spirit and determination during what has been an unprecedented time. Welcome to the Foley’s family team!

Our 11 new readers are now accepting briefs and ready to get to work as barristers!

Full bio document available for downloading and printing here.

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

Alternate Dispute Resolution (ADR) is increasingly being adopted as a tool to help settle disputes alongside the significantly reduced court system itself. During the current COVID-19 pandemic with social distancing, cuts to hearings and court room closures in place, settling disputes through ADR is a great alternative. It allows the client to voluntarily participate in a less confrontational environment, enabling resolution on a mutually acceptable basis. In turn, this will also significantly reduce cost.

Foley’s List barristers are successfully managing to mediate, arbitrate, negotiate, advise and confer remotely via secure video platforms such as Zoom, WebEx, Microsoft Teams, and Skype.

For barrister recommendations and requests, please call (03) 9225 7777 or contact a member of our dedicated Clerking team:

John Kelly - 0412 360 174
Andrew Turner - 0404 024 970
Anna Barry (Tues, Thurs & Fri) - 0497 333 213
Stacey Guyett - 0447 493 533
Tracey French (Mon, Tues & Wed) - 0474 333 255

Foley’s List is proud to announce and congratulate 31 of our barristers who were named in 19 areas of law in the Best Lawyers 2021 Edition.

To view the full list visit the Best Lawyers website: https://www.bestlawyers.com/current-edition/australia

LAWYER OF THE YEAR AWARDS

Climate Change Law: Chris Canavan QC
Construction/Infrastructure: John Gurr
Government Practice: Louise Hicks
Labour & Employment: Jonathan Forbes

CATEGORY AWARDS

Alternate Dispute Resolution  
Peter Fary
Samuel Horgan QC
Justin Mereine
Carey Nichol

Climate Change Law  
Louise Hicks
Chris Canavan QC

Commercial Law
Tim North QC
Cam Truong QC

Competition Law
Tim North QC
Catherine Dermody

Construction/Infrastructure
John Gurr

Criminal Defence
Philip Dunn QC

Energy Law
Samuel Horgan QC   

Family Law
Andrew Combes
Catherine Devine
Belle Lane
Holly Renwick
Andrew Strum QC
Lachlan Wraith

Family Law Mediation 
Belle Lane

Immigration Law
Guy Gilbert SC

Insolvency & Reorganisation Law
Jonathan Evans QC
Peter Fary
Justin Mereine

Intellectual Prperty Law
Marianne Barker

Labour & Employment Law
Brendan Avallone
Craig Dowling SC
Jonathan Forbes

Litigation
Robert Peters
Justin Mereine
Michael D Wyles QC

Occupational Health & Safety Law
Guy Gilbert SC
Andrew Palmer QC

Planning & Environmental Law 
Louise Hicks
Susan Brennan SC
Chris Canavan QC
Juliet Forsyth SC
Peter O'Farrell

Real Estate Property Law
Samuel Horgan QC

Regulatory Practice
Samuel Horgan QC

Taxation Law
Andrew de Wijn
Simon Tisher

Our switchboard line is operational and our team is still available!

We are working remotely, taking your calls and enquiries, transferring you through to barristers, sorting mail (where appropriate) and processing payments.

For barrister recommendations or requests please call our switchboard on 03 9225 7777 or for a more direct option, please contact a member of our dedicated Clerk team:

John Kelly - 0412 360 174

Andrew Turner - 0404 024 970

Anna Barry (Tues, Thurs & Fri) - 0497 333 213

Stacey Guyett - 0447 493 533

Tracey French (Mon, Tues & Wed) - 0474 333 255

With a history spanning over a century, Foley's List has cemented itself as the largest Barrister List in Australia with one of the most renowned reputations for service excellence.

Always leading the charge, we have sort to provide Continuing Professional Development seminars FREE of charge over the years and our brand-new podcast resource is nothing short of pioneering convenience excellence.

The team at Foley's List are proud to have launched the FREE #ThinkFoleys CPD podcast resource. Available on our website and major podcast platforms iTunes and Spotify, the #ThinkFoleys podcast resource features a broad range of CPD resource topics for you to listen to with ease.

Follow our podcast on iTunes and Spotify to be kept up to date with newly released episodes and follow us on Twitter and Instagram for all the latest details.

There have been some returning staff and some new staff recently joining the Foley's team. 

Be sure to follow us on LinkedIn, Twitter and Instagram to be kept up to date on all the exciting new developments. 

ANNA BARRY

You may have already been so lucky as to have a conversation with her but returning to Foley’s from maternity leave and welcoming her beautiful son into this world, Anna will be working Tuesday, Thursday and Friday.

TRACEY FRENCH

Foley’s List is proud to welcome our latest Clerk Team member, Tracey French.
Tracey comes to Foley’s List with extensive experience at various top tier law firms predominantly in construction and employment practices and most recently, worked in the governance and legal excellence & risk areas.
Tracey’s working hours are Monday, Tuesday and Wednesday.

STEPH BROWN

To coincide with our ever-growing business, Steph Brown has been bought on as our Digital Marketing Manager who will be establishing some amazing new changes for Foley’s in the digital space in the coming months. 

Foley’s List is proud to announce the upcoming launch of the #ThinkFoleys podcast series. Thanks to many renowned List members and barristers, #ThinkFoleys will be featuring a wide range of CPD resource topics enabling barristers, solicitors and other legal professionals to gain knowledge and CPD points whilst on the go.

#FutureofFoleys #Auslaw #CPDresource

2020 marks the beginning of a new decade. And with it, the ever increasing internal dilemma many individuals and companies wrestle with when it comes to leaving our mark on this place we call home!

As we welcome new staff members, List members and little family members, Foley’s will be making another rather historical change.

After 20 years of producing 20 editions of this popular item, Foley’s List have decided to minimise our carbon footprint and cease the production of the much loved Foley’s mouse pad.

We will be focusing our efforts on becoming a more environmentally friendly business throughout 2020, so watch this space!

List Members Michael Wilson QC, Daniel Masel S.C. and Romesh Kumar have been recognised by their peers as leading Queen's and Senior Counsel and Junior Counsel respectively, practising in the areas of insurance, personal injuries and professional indemnity matters in Victoria. (Doyles Guide, 8 November 2019)

List Members Frank O'Loughlin QC, Andrew de Wijn, Tim Grace and Simon Tisher have been recognised by their peers as Leading Tax Barristers in Victoria for 2019. (Doyles Guide 6 November 2019)

Robert Paoletti looks at contributory negligence where intoxication and motor vehicles are involved.

Diana Manova discusses alcohol and heavy lifting in the context of contributory negligence in the workplace.

Foley's List is pleased to welcomed new Readers: Sally Buckley (Criminal Law), Kay Chan (Commercial Law), Bethany East (Criminal Law/Common Law), Tim Harvey (Criminal Law), Ryan Kornhauser (Commercial Law), Nicole Menegas (Criminal Law) and Joel Tito (Commercial Law/Public Law). To engage a Foley's List barrister, contact a member of our Clerking Team.

List Member Catherine Dermody has been recognised by her peers as a leading junior counsel in Australian Competition Law. (Doyles Guide October 4, 2019)

Foley's List Members Andrew Panna QC, Andrew Dickenson, Stewart McNab and Lachlan Wraith have been recognised by their peers as leading counsel in Wills and Estates practice in Victoria. (Doyles Guide, 24 September 2019)

At Foley's List, we believe that R U OK? is a question for every day, for everyone - our Members, staff, family, friends, colleagues, our community. So, today's the day team Foley's celebrates a collective RU OK? And we know that, while the sun does not always shine, a little R U OK? goes a long way to lightening someone's day. www.ruok.org.au

The new Foley’s List website provides a modern design and makes it even easier for website visitors to find the information they need in order to engage the right Barrister for their requirements, including the following features:

• My List – the visitor can add Barristers of interest to build a short list. From their My List, accessed at any time from the top navigation, the visitor can email the list to the email address they enter, print the list, or save it as a PDF.
• Barrister Search – backed by the VicBar data, but implemented to provide superior search performance, the visitor can type in parts of the names of barristers, or search through practice areas. Having searched, the visitor can then filter the results by a range of options including seniority, gender and sub-practice areas.
• Site-wide Searching – through the one search function, a visitor can now search through barristers, CPD resources, and web pages.
• Enhanced Barrister Profiles – when browsing a barrister profile, the visitor will see CPD resources published by that barrister through the Foley’s List website, and can click through to read the publication, further helping to establish the expertise of the barrister. The profiles also include updated photographs of our barristers. Barrister phone numbers can be clicked to make an immediate phone call straight from the web page.
• Enhanced CPD Resources – when viewing a particular CPD resource, you can now access the resource in a variety of formats, from the one page. The author names link through to the relevant barrister profile for your easy reference. As a service to the industry all our CPD resources are free and don’t require any form of registration.

In her latest articles, Julie Davis looks at neighbouhood tree disputes, garden area requirements and applications subject to a range of planning scheme provisions.

List Members John Dickinson QC, Philip Dunn QC, Daniel Gurvich QC, David Hallowes S.C., Paul Holdenson QC, Dr Ian Freckelton QC, Colin Mandy S.C.; and junior counsel, Stewart Bayles, Chris Carr, Marcus Dempsey, Richard Edney, Jason Gullaci, Dr Mark Gumbleton, Sharon Lacy, Anthony Lewis, Simon Moglia, Daniel Sala, Ruth Shann, Fiona Todd and Sam Tovey have been recognised by their peers as leading Criminal Law Barristers in Victoria. (Doyles Guide, 22 August 2019)

List Member Peter Fary has been recognised by practitioners as recommended Counsel in Insolvency & Restructuring and Commercial Litigation & Dispute Resolution in Australia. (Doyles Guide, 2019)

Foley’s List is proud to announce becoming Major Sponsor of Victorian Women Lawyers (VWL). The List has been a supporter of VWL for many years and we are delighted to take our support for VWL and its members to a new level.

List Members Caroline Kenny QC and Sam Horgan QC have been identified by their peers as Leading Arbitration Barristers in Australia. (Doyles Guide, 2019)

List Members Jonathan Evans QC,  Peter Fary, Joshua Kohn and Mark McKillop have been recognised by their peers as leading Insolvency & Restructuring Junior Counsel in Victoria. (Doyles Guide, 2019)

List Members Peter Fary, Justin Mereine and Robert Peters have been identified by solicitors for their expertise in commercial litigation and dispute resolution. (Doyles Guide , 25 June 2019)

Foley's List congratulates Alexander Laurence (Melbourne Law School) on receiving the Foley's List Henry Jolson Award for Disputes and Ethics; and Beatrisa Dubinsky and Clare Manning (Monash Faculty of Law) on receiving the Henry Jolson OAM, QC Award for Advanced Mediation: Skills and Theory A, and Negotiation: Essential Skills for Dispute Resolution respectively.

The Victorian Bar has published guidelines for applications for List places for September 2019. Applications close at 4.00pm on Friday, 12 July 2019. Click here for guidelines. For further information about joining Foley's List, click here.

Foley's List is delighted to welcome our new Readers: Jonathan Barreiro, Scott Cromb, Sarah Damon, Felicity Fox, Angelo Germano, Carlin Grant, Erica Lawson, Susanna Locke, Sean McArdle, Chris Oldham, Suganya Pathan, Huw Whitwell, Annie Yuan.

Foley's List Members and Staff congratulate George Georgiou S.C. on his appointment today as a judge of the County Court of Victoria.

Foley's Clerks and presenters Caroline Kenny QC, Elizabeth Ruddle, Ian Munt, Marcus Clarke QC, Benjamin J. Murphy, Liam Magowan, David O'Brien and Sarah Varney thank practitioners for supporting our Commercial Law seminars this morning.

The videos of our annual crimimal law CPD series are now available to view online. Plea making for Summary and Indictable Offences; Submissions on Sentencing; Ethics for the Criminal Lawyer; Confiscation; Recent Decisions of the Court of Appeal.

This paper by Dr Adrian Hoel looks at Public Interest Immunity in the civil discovery processes.

Foley's List Barristers and Clerks congratulate Ms Kristen Morrow as this year's recipient of The Kevin Foley Memorial Advocacy Award.

Foley's List congratulates Philip Dunn QC and Roger Gillard QC on their fifty year membership of the Victorian Bar. 

The Clerks' Office will close on Monday, 24 December 2018 at 1.00pm and re-open on Wednesday, 2 January 2019 at 8.30am. For assistance during this period, please call 0412 360 174.

Foley's List Barristers and Staff wish you a happy and safe festive season.

List member Rishi Gulati, together with Dr Philippa Webb (20 Essex Street, London) are representing a former employee of the Asian Development Bank headquartered in the Philippines at the United Nations Human Rights Committee (UNHRC). An action has been filed at the UNHCR against the Philippines for breaching the complainant's internationally guaranteed human right. It is hoped that this case will affirm and establish that host states are held accountable for their failures when public international organisations (such as the ADB) hosted on their territory engage in a denial of justice.

The 2018 Senior Counsel appointments mark an historic occasion. List Members William Lye OAM S.C. and Cam Truong S.C. are the first barristers of full Chinese descent appointed as Senior Counsel/Queen’s Counsel not just in Victoria, but also in Australia.

List Members Andrew Strum QC, Alison Burt, Belle Lane, Sarah Fisken, Anna Goldthorp, Debra Harris and Caroline Jenkins have been recognised by their peers as leading Parenting & Children's Matters Barristers in Victoria 2019. (Doyles Guide)

Family Law barristers Geoff Dickson QC, Andrew Strum QC, Belle Lane, Jim Mellas, Holly Renwick, Alison Burt and Sarah Fisken have been recognised by their peers as leading Family Law counsel in Victoria 2019. (Doyles Guide).

Congratulations to List Members on their appointment today as Senior Counsel in and for the State of Victoria: William Lye OAM S.C., Frank O'Loughlin S.C., Andrew Palmer S.C., Colin Mandy S.C., Cam Truong S.C. and Juliet Forsyth S.C.

We congratulate the following List Members on their appointment as part-time members of the Administrative Appeals Tribunal: Ben Murphy, Peter O'Farrell and Vanessa Plain.

Frank O'Loughlin, Andrew de Wijn and Simon Tisher have been recognised by their peers  and clients for their expertise and abilities in Taxation practice.

Michael Wilson QC, Danny Masel SC, Romesh Kumar, David Klempfner and Margarita Yerusalimsky have been recognised by their peers as Leading Insurance Counsel in Victoria. (Doyles Guide, 7 Nov 2018)

Foley's List Members and Staff welcome readers Steven Brnovic, Tim Bourbon, Chiara Bryan, Natalie Kaye, Carly Lloyd, Kestin Mildenhall and Mark Sturges.

List Members Guy Gilbert SC, Campbell Hangay, James Stoller, Jennika Anthony-Shaw, Lucinda Thies, Kate Ballard, Alex Metherell and Andrew Dickenson thank the Geelong Law Association for the opportunity to speak at the Association's annual CPD event.
 

Chief Clerk John Kelly and Deputy Chief Clerk Andrew Turner were delighted to join List Member and CIArb Australia President Caroline Kenny QC at the Chartered Institute of Arbitrators (Australia) 2018 dinner held last night.

Deputy Chief Clerk Andrew Turner was a panellist at the Victorian Women Lawyers "Raising the Bar" discusision on transition to and life at the Bar.

List Members and Clerks congratulate Simon McGregor on his appointment today to the Coroners Court of Victoria.

Words and deeds of both employers and employees are instrumental in determining where the Courts rule the line when it comes to duty of care. Campbell Hangay reviews case law in the aftermath of Koehler v Cerebos Australia (Ltd).

The latest paper by Emma Swart provides an overview of recent developments and changes to legislation in the Family Law jurisdiction.  

Danny Masel SC chaired our Common Law / Personal Injury CPD held 12 September, 2018. Speakers Sharon Keeling, Romesh Kumar and Margarita Yerusalimsky.

Taxation barrister Simon Tisher spoke at The Tax Institute's 2018 Superannuation Conference on 'Trends in Court Decisions Affecting Superannuation Funds'.

Foley's List Common Law Barristers and List Clerks thank solicitors for attending our Common Law networking drinks last night. We look forward to seeing you next year.

We thank solicitors, who came from far and wide, for supporting our annual Family Law Breakfast held this morning.We also thank our four presenters: Tim North QC, Christine Haag, Emma Heggie and Simon Fuller.

Foley's List members Robyn Wheeler, Emma Swart and Debra Harris spoke at Foley's List Sydney Family Law breakfast, held this morning. We thank all solicitors for supporting our inaugural Sydney Family Law event.

Congratulations to Philip Dunn QC and Robert Richter QC on the unveiling of their joint portrait by the Honourable Michael Rozenes AO, QC in the Peter O'Callaghan QC Gallery last evening.

Foley's List barristers and clerks congratulate criminal law barrister Olivia Trumble on her appointment today to the Magistrates' Court of Victoria.

Caroline Kenny QC has been recognised by her peers as a leading Arbitration barrister in Australia. (Doyles Guide, 30 July 2018).

List Members Caroline Kenny QC and Carey Nichol have been recognised by their peers as leading Mediators in Victoria. (Doyles Guide, 11 July 2018)

List Members and Staff congratulate Lesley Taylor QC on her appointment as a justice of the Supreme Court of Victoria, announced today.

List Members Peter Fary, Justin Mereine and Robert Peters have been recognised by their peers as leading counsel in Commercial Litigation and Dispute Resolution. (Doyles Guide, 3 July 2018)

Jonathan Evans QC, Peter Fary, Ivan Hristovski, Joshua Kohn, Mark McKillop and Justin Mereine have been recognised by their peers as leading counsel in Insolvency & Restructuring practice. (Doyles Guide, 3 July 2018)

List Member Rishi Gulati is a member of an international legal team, led by Karim Khan QC of the UK, which has filed eight test cases before the Supreme Court of Sierra Leone for victim redress relating to atrocities committed by foreign troops stationed in that country during its brutal civil war.

Professional Firms and the Allocation of Profits – Suspension of the Commissioner’s Guidelines by Anna Wilson.

Foley's List is prould to sponsor the Melbourne Law School 'Henry Jolson award for Dispute Resolution' and congratulates Ms Isabel Trinca on receiving this award.

Foley's List congratulates Michael Cahill SC on his appointment as a Judge of the County Court of Victoria.

Foley's List is pleased to welcome the following Readers to the List: Serena Armstrong, Kate Ballard, William Barker, Glenn Barr, Amanda Carruthers, Alexandra Metherell, Nonni Sdraulig, James Stoller and Simone Tatas.

Foley's List congratulates former List Member The Honourable Justice Quigley on her apppointment as the President of the Victorian Civil and Administrative Tribunal effective 1 June, 2018.

Foley's List Barristers and Clerks congratulate the recipients of the Henry Jolson OAM QC Monash Law prizes for 2017:
Rebecca Bunn (Advanced Mediation: Skills and Theory A) and Jessica Poulton and Justine Rizzo (Negotiation: Essential Skills for Dispute Resolution).

Foley's List Barristers and Clerks congratulate Ms Emma Cvitak on receiving The Kevin Foley Memorial Advocacy Award 2017 and wish her well in the years ahead in legal practice.

Simon McGregor looks at Proceeds of Crime & Civil Penalties which may following from a royal commission.

Dr Ian Freckelton QC, Simon McGregor and Sarah Varney present a four-part seminar to solicitors and inhouse counsel on preparing for royal commissions. 

Foley's List Members and staff congratulate List member, Darren Bracken, on his appointment today as a new coroner of the Coroners Court of Victoria.

Fabian Dixon S.C. and Michele Brooks review Practice Direction No. 2 of 2017 related to Interim Family Law proceedings.

Our office will be closed at 1.00pm on Friday 22 December 2017 and re-open at 8.30am on Tuesday 2 January 2018. For assistance during this period, please call 0412 360 174.

Foley's List Clerks and Staff wish legal practitioners and clients and their families a safe and happy festive season. 

Foley's List Members, clerks and staff congratulate former List Member and current Director of Public Prosecutions John Champion SC on his appointment today as a justice of the Supreme Court of Victoria.

Foley's List Members, clerks and staff congratulate Michelle Quigley QC on her appointment today as a justice of the Supreme Court of Victoria.

Foley's List members, clerks and staff congratulate Julie Condon QC on her appointment today as a judge of the County Court of Victoria.

Members, clerks and staff congratulate the following counsel on their appointment as Senior Counsel in and for the State of Victoria. Guy Gilbert S.C. - Marcus Clarke S.C. - Craig Dowling S.C.

Foley’s List runners dominated the podium at yesterday's LIV fun run winning five awards including The Hartog Barkley Trophy for the fastest team (8 years running), as well as the award for the fastest women (3 years running).

Ellen Grant reviews recent developments in Victorian State Taxes including significant litigation and legislative reform.
Her paper highlights key areas where important changes have been made. 

Guidelines for reader applications to join Foley's List in March 2018 are now available. The closing date for applications for a List place is Friday, 12 January, 2018 at 4.00pm.

Foley's List is pleased to welcome new Readers who have joined the List: Samuel Burt, Zac de Kievit, Caitlin Dwyer, Simon Fuller, Patrick Gordon, Ivan Hristovski, Ffyona Livingstone Clark, Katarina Ljubicic, Lucinda Thies, Sandra Wendlandt.

Total and Permanent Disability in Superannuation. Nawaar Hassan looks at the process and provides tips for submitting claims and challenging rejections.

We thank practitioners for their attendance at our Commercial Law CPD program this morning. Papers and AV will be available in the CPD Resouces section of our website shortly.

Shivani Pillai, List Member and past winner of The Kevin Foley Memorial Advocacy Award, was delighted to present the 2017 Award to Mr Andrew Rankin. Foleys' List is proud to sponsor this award for the Leo Cussen Institute.

CEO John Kelly joined colleagues, family, friends of List Member Peter O’Callaghan QC at the unveiling of his portrait by the renowned artist, Rick Amor. The work, the first to be commissioned by the by Peter O’Callaghan QC Gallery Foundation Limited, was unveiled by the Honourable Susan Crennan AC QC. The portrait is in recognition of Pete's service and contribution to the Victorian Bar.
Peter O'Callaghan QC (right) with the former Governor of  Victora, The Honourable Alex Chernov AC, QC.

What's Happening in State Taxes Litigation? A presentation by Simon Tisher for The Tax Institute.

Foley’s List was delighted to be the gold sponsor for the Australian Women Lawyers 20^th Anniversary Dinner. The Dinner marked the farewell of AWL Patron and former List member the Chief Justice of the Family Court, Diana Bryant AO, and acknowledged the AWL’s new patron, the Honourable Susan Kiefel AC, Chief Justice of the High Court of Australia.

Foley's List congratulates William Lye OAM - recipient of the 2017 Lawyers Weekly Award for 'Barrister of the Year' and the 'Excellence Award', "highlighting excellence in the business of law, coupled with a true passion for the industry".

Foley's List welcomes new members Samuel Burt, Zac de Kievit, Caitlin Dwyer, Simon Fuller, Patrick Gordon, Ivan Hristrovski, Ffyona Livingstone Clark, Katarina Ljubicic, Lucinda Thies and Sandra Wendlandt, who have commenced the Bar Readers course.

Philip Barton provides an update on recent developments in Property Law.

The Attorney-General has today announced the appointment of List Member Paul Higham as a Judge of the County Court of Victoria.
Victorian Bar media release.

We thank practitioners for their support for our 2017 Family Law Breakfast held this morning. The presentations by Alison Burt, Lachlan Wraith and Johannes Schmidt, and video are now available in the CPD Resources section of our website.

List Member Remy van de Wiel QC has been immortalised in a painting by artist William Luke which is one of 43 finalists in the Archibald Prize. The artist sketched Remy during a trial last year concerning Brett Whiteley paintings. The artist sought to capture Remy’s “warmth and eccentricity”.

Foley's List congratulates Lesley Taylor QC on her appointment as the new Chair of the Criminal Bar Association.  Lesley is the first the woman to be appointed to the position. 

Foley's List congratulates List Member Carolyn Burnside on her appointment to the Magistrates' Court of Victoria.

List member and taxation specialist Frank O'Loughlin has been appointed a part-time Deputy President of the Administrative Appeals Tribunal. Frank will continue his practice at the Victorian Bar during the period of his appointment.

Foley's List is pleased to support the Gender Equitable Briefing Policy adopted by the Victorian Bar and the Law Council of Australia.

Foley's List welcomes the return of Christine Haag to the Bar as a Family Law mediator.

Foley's List congratulates Peter O'Callaghan QC on receiving an Honorary Doctorate from the Australia Catholic University.

Foley's List Barristers Julie Condon QC, Peter Chadwick QC, Sarah Lenthall and Michael Allen at the conclusion of Law Week's Mock trial.

Foley's List congratulates Mr David Kuster (Melboune Law School) on being awarded the Foley's List Henry Jolson Award for Dispute Resolution.

Foley's List is pleased to announce the following Readers as List Members: Lachlan Carter, Estelle Frawley, James Humphris, Julia Kretzenbacher, Sarah Lenthall, Jennifer McGarvie, Robert Paoletti, Johannes Schmidt, Jordan Schulz, Angela Sharpley.

Richard Edney and Sarah Lenthall review sex applications (confidential communications) under s32C of the Evidence (Miscellaneous Provisions) Act  and s342 of the Criminal Procedure Act 2009 which relates to the use of sexual history evidence in criminal proceedings.
 

Defamation law has its complexities and complications. Far from a “black art”, it is no more complex than most other causes of action. Marcus Hoyne explains.
 

The statutory action of misleading and deceptive conduct is one of the most (if not, the most) relied upon statutory provisions in the civil and commercial contexts.  While the opacity of the language can prove alluring, it contains hidden pitfalls. Marcus Hoyne explains.
 

Emma Swart looks at the costs orders the family courts are empowered to make under s117 of the Family Law Act 1975, the Family Court Rules 2004 and the Federal Circuit Court Rules 2001.

 

Philip Barton looks at recent case law in relation to real property.
 

The AV recordings of each seminar are now available for viewing in the CPD Resources section of our website:
Commercial and Retail Leases: common pitfalls in leasing litigation; Costs Orders against lawyers under the Civil Procedure Act; Asian Litigants: The rise of Asian litigants in commercial disputes. 
 

Fraud expert Andrew Tragardh's video presentation on maximisng recovery for victims of fraud. 
 

Emma Heggie reviews the recent High Court ruling in Thorne v Kennedy   HCATrans 54.
 

Philip Barton looks at issues that may arise at the end of a retail lease.
 

Video presentation: Paul Holdenson QC and Jack O'Connor discuss recent decisions of the Court of Appeal.
 

Video presentation: Applications for Compensation under the Sentencing Act, presented by Darren Bracken.
 

Julie Condon SC and Paul Higham's CPD seminar 'Disclosure - Hidden Traps' video is now available online.
 

Lesley Taylor QC and Simon Moglia offer tips for practitioners when dealing with clients and the court. (Video presentation)

Lesley Taylor QC and Simon Moglia offer tips for criminal practitioners when dealing with clients and the court. (Video presentation.)
 

Foley's List congratulates the Monash University Postgraduate students on receiving the following awards: Ms Eloise Daff on receiving the 2016 Henry Jolson OAM, QC Award for Advanced Mediation: Skills and Theory A, and Ms Alannah Slater on receiving the 2016 Henry Jolson OAM, QC Award for Negotiation: Essential Skills for Dispute Resolution. Foley's List is proud to sponsor these Awards and we wish both students well for their future careers. 

Foley's List is pleased to support lawyers of the future. Chief Clerk John Kelly was delighted to present The Kevin Foley Memorial Advocacy Award 2016 to Ms Stephanie Falconer at the Leo Cussen Institute Awards, held on 3 March, 2017.

A full house greeted Paul Holdenson QC and Jack O'Connor when they presented the final seminar in our 2017 Foley's February Criminal Law CPD series. We thank all those who attended for their support. Where available, papers and AV recordings will be published in the CPD Resources section of our website from next week.
 

Foley's List is pleased to welcome Lachlan Carter, Estelle Frawley, James Humphris, Julia Kretzenbacher, Sarah Lenthall, Jennifer McGarvie, Robert Paoletti, Johannes Schmidt, Jordan Schulz and Angela Sharpley who commenced the Readers course today.

List Members Phillip Bloemen, Amanda Burnnard and Rahmin deKretser have been selected for Victoria Legal Aid's 2017 Trial Counsel Development Program.
 

Darren Bracken offers useful advice when making an application for compensation under the Sentencing Act in the 4th seminar of our annual criminal law CPD program. 

Contact Andrew Turner to register your attendance for the final seminar on the Court of Appeal.

Lesley Taylor QC and Simon Moglia offer useful tips to practitioners at the 3rd seminar in our Criminal Law CPD series.
 

Contact Matt Parnell or Andrew Turner to register your attendance for the remaining seminars in this series.

Cases on the capital revenue distinction continue to occupy the courts today. Accordingly, there are a number of instances where the capital revenue distinction is of great importance to the taxpayer. Anna Wilson explains.

Good Corporate Governance underlies the way in which organisations conduct their business. Yet there continues, at Federal, State and Local Government levels, breaches of the standard of conduct tax and rate payers are entitled to expect of their elected representative. Julie Davis explains.

In the decision of Albridge v VWA, the Defendant made a request to refer questions to medical panel in relation to a Serious Injury Application by Margarita Yerusalimsky.

Julie Condon SC and Paul Higham presented the first session of our annual Criminal Law CPD seminars for 2017. Contact Matt Parnell or Andrew Turner to register your attendance for the remaining seminars in this series.


 

Brian Walters AM, QC has been recognised for his services to conservation though environmental protection law, and to human rights advocacy in Victoria. William Lye OAM has been recognised for his service to the law, to business, and to the promotion of cultural diversity.
 

We wish all practitioners and clients a Happy Christmas, and a safe and enjoyable summer break.

The Clerk's Office will close at 1.00pm on Friday, 23 December and re-open at 8.30am on Tuesday, 3 January 2017. For assistance during this period, please call John Kelly on 0412 360 174 or email johnkelly@foleys.com.au.

Employment Law barrister Glen Pauline presented a case update at the National Franchise Convention held in Canberra in October 2016.

Expert fraud defender, Andrew Tragardh, achieves acquittal for former AWB General Manager. (AFR 15 December, 2016)

List Member William Lye (centre) participated in the Young Entrepreneurs Round Table at the recently held World Chinese Economic Summit (WCES) in Malaysia. William is a member of the WCES Global Advisory Council, and is the WCES Principal Representative in Australia.
 

Brendan Avallone reviews recent developments regarding applications for protected action ballot orders under s437.

Family Law barristers Geoff Dickson QC and Belle Lane have been recognised by their peers as leading family law mediators.(Doyles Guide, 1 December, 2016)

Geoff Dickson QC, David Brown QC and Andrew Strum QC have been recognised by their peers as leading family law Queen's Counsel.  (Doyles Guide 1 December, 2016)

Guidelines for prospective Readers to join Foley’s List in March 2017 are now available.

Foley's List runners were the fastest team across the line for the seventh consecutive year at the 2016 LIV Fun Run. Led by Daniel Gurvich QC, the team of Cara Foot, Daniel Porceddu, Rachel Waters, Mark McNamara and Julie Davis were joined on the run by distance specialists Andrew Turner, Matt Hartigan, Dan Tran and Dak Kuirthoi. 

Special congratulations to Cara Foot who successfully defended her 2015 title as the overall fastest female runner.

 

Members, clerks and staff congratulate the following counsel on their appointment as Senior Counsel in and for the State of Victoria. Michael Cahill, Timothy Seccull, David Hallowes, Julie Condon, Jonathan Evans.
 

Victorian Bar - Foley's List seminar - 21 November, 5.15pm - Owen Dixon Chambers - Advancing claims before international tribunals.This CPD will discuss the range of options that claimants may have when seeking to pursue international justice. The seminar will cover the procedural steps that are necessary before claims may be raised at the international level, including discussing the rule on the exhaustion of domestic remedies. 

Emily Clark looks at the legislative changes to the Serious Sex Offenders (Detention and Supervision) Act 2009 which were, in part, a response to the Harper Review.

When Family Law, Family Business and Trusts Collide. Jim Mellas looks at how courts exercising jurisdiction under the Family Law Act 1975 deal with discretionary trusts and the assets of those trusts. 

Foley's List was delighted provide a suite of CPD seminars for members of the Geelong Law Association last week. Papers will be published on the CPD Resources page.
 

Foley's List Members, Clerks and Staff welcome new readers: Jennika Anthony-Shaw, Jonathan Bayly, Emily Clark, Amie Hancock, Emma Heggie, Katherine Rolfe, Margarita Yerusalimsky.

We are delighted to welcome Ms Anna Barry to Foley's List. Anna joins our clerking team as Assistant Clerk working with Chief Clerk John Kelly, Deputy Chief Clerk Andrew Turner and Clerk Matt Parnell.

Foley's List congratulates Andrew Turner on winning the infamous Jungle Marathon, a gruelling 254km trek through the Brazilian rainforest.

Practitioners should be aware of the flexibility for the Supreme Court to deal with informal wills. Gavan Rice explains.

This case note by Michael Stanton looks at the the appeal to the High Court in the matter of Sio v The Queen. 

Anna Wilson's paper focuses on court and AAT decisions during the period from 1 September 2015 to 31 August 2016.

Foley's List is pleased to support lawyers of the future. Chief Clerk John Kelly was delighted to attend the Leo Cussen presentation on 7 October and to present the Kevin Foley Memorial Advocacy Award 2016 to Ms Kerry Beth Riley. Congratulations Kerry.

The litigation process is about persuasion; not only at trial but also during the interlocutory phase including at mediation. Marcus Hoyne explains.

For further details including a position description and how to apply follow this link.  

Members and staff of Foley's List congratulate List Member Richard Stanley QC on his 50 years as a member of the Victorian Bar and Foley's List. Watch interview to mark this milestone.

Michael D. Wyles QC appeared for the respondent Collins in the matter of Timbercorp Finance Pty Ltd (in liquidation) v Collins & Anor.
Lucy Kirwan appeared for the respondent Tomes in the matter of  Timbercorp Finance Pty Ltd (in Liquidation) v Tomes.
Watch proceedings. 

Justin Mereine - Leading Commercial Litigation & Dispute Resolution Junior Counsel (Australia). (Doyles Guide, 9 September, 2016)

One behalf of the criminal law barristers of Foley's List, the Clerks extend their thanks to practitioners for their support  this morning of the launching Crime & Defence.

List Members recognised by their peers for expertise in Wills & Estates Litigation in Victoria.
Andrew Panna QC, Andrew Dickenson and Stewart McNab. (Doyles Guide 1 September, 2016) 

The latest paper by Julie Davis considers a decision of the Supreme Court of Victoria wherein the Court considers the legal status of a laneway.

List Members are saddened by the recent passing of former Member Lynette Schiftan QC. Lynette  was the ninth woman to come to the Victorian Bar and later appointed a judge of the County Court. We offer our condolences to her family and friends. Obituary (Victorian Bar).

List Member Marcus Hoyne has been recognised by his peers as a Leading Junior Counsel in Technology, Media and Telecommunications law. (Doyles Guide, 30 August 2016)

List Members recognised by their peers for their expertise and skills in Commercial Litigation and Dispute Resolution.
Justin Mereine - Leading counsel; Scott Wotherspoon - Recommended counsel. (Doyles 19 August, 2016)

Foley's List is pleased to announce that Jennika Anthony-Shaw, Jonathan Bayly, Emily Clark, Amie Hancock, Emma Heggie, Katherine Rolfe and Margarita Yerusalimsky will join the List as Readers on signing the Bar Roll on 26 October, 2016.

Foley's List Queen's Counsel Con Heliotis QC, Philip Dunn QC, Paul Holdenson QC together with Junior Counsel Dr Mark Gumbleton, Anthony Lewis, Julie Condon, Ruth Shann, Antony Trood and Olivia Trumble have been recognised by their peers as Leading Criminal Law Barristers in Victoria. (Doyles Guide 7 August, 2016)

Competion and Regulatory law specialist Catherine Dermody is a co-author of new release Access Regulation Australia. (Thomson Reuters)
 

Caroline Jenkins looks at the provisions of Section 102Q of the Family Law Act in as they apply to a vexatious llitigant.

The insertion of Division 12A into the Family Law Act 1975 (Cth) (“the FLA”) brought with it a whole new regime of case management and trial process. Debra Harris reviews some recent cases.

It has been a long-standing practice of the Family Court, in certain circumstances, to notionally “add-back” sums to the property pool. Laura Colla reviews some recent decisions of the Family Court. 

This paper was presented by Carmella Ben-Simon at the Foley's List 2016 Family Law breakfast.

Foley's List Family Law Barristers extend their thanks to practitioners for their support of our 2016 Family Law breakfast. A full house for the 7th year running! The papers and video will be available shortly in the CPD Resources page.
 

List Member David Edwardson QC has been recognised by the legal profession in South Australia as a leading Criminal Law Barrister. (Doyle's Guide 2016)

The following members of our Planning Law practice group have been recognised by their clients and peers as leading Planning & Environment Barristers in Australia. Susan Brennan SC, Chris Canavan QC, Jeremy Gobbo QC, Michelle Quigley QC, Peter O'Farrell, Juliet Forsyth, Emma Peppler, Jennifer Trewhella.(Doyles Guide, 28 July 2016)

List Member John Gurr has been recognised by clients and peers as a leading barrister in the area of Construction Law (Australia). (Doyles Guide, 5 July, 2016)

List Members Jonathan Evans, Peter Fary, Joshua Kohn and Justin Mereine have been recognised by clients and peers as leading barristers in the area of Insolvency & Reconstruction in Victoria. (Doyles Guide, 7 July, 2016)

The protection of trade secrets (Commercial Confidential Information) can be divided into two parts: information taken dishonestly in breach of loyalty to an employer and information taken honestly as part of an ex-employee's knowhow and skill. Dr Robert Dean explains.

List Members, together with Foley's List Clerks and Staff, congratulate former List Member Her Honour Judge Maree Kennedy, on her appointment today as a Justice of the Supreme Court in and for the State of Victoria.

List Member Anthony Thomas has been recognised by clients and peers as a leading barrister in the area of Construction Law (NSW). (Doyles Guide, 20 June, 2016)

A review of Personal Injuries Decisions in the County Court,  January 2015-June 2016 by Sasha Manova.

List Member David Kim was today sworn in as a sessional member of the Victorian Civil and Administrative Tribunal. David has been assigned to the Civil Claims and Residential Tenancies Lists.

We are delighted to announce that List Clerk Andrew Turner has been promoted to the position of Deputy Chief Clerk.

Guidelines for applicants seeking to join Foley's List at the Victorian Bar are now available. Our interviews will be conducted between 18 July and 5 August, 2016. In advance, enquiries in confidence may be directed to the Chief Clerk, John Kelly.

Foley's List barristers Paul Higham and Aggy Kapitaniak have been selected to join a Victorian Bar delegation travelling to Papua New Guinea in July as part of the mentoring program for women in the Legal Training Institute Advocacy Workshop.

Foley's List congratulates Mr Shane Chandra, the recipient of the Foley's List Henry Jolson Award for Dispute Resolution. The award was presented at The University of Melbourne, Melbourne Law School Award ceremony on 25 May, 2016.

LAND ACQUISITION AND COMPENSATION – vacant land on urban fringe purchased by self-managed superannuation fund for long-term sale and/or development – compulsory acquisition of part of land for regional rail project - The claim for compensation for loss due to disturbance made by the respondents is not established. Michelle Quigley QC and Simon Tisher appeared for the Applicant.  VSC 260