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
Matt Parnell - 0401 610 596
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

Matt Parnell - 0401 610 596

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)

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

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

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.

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).

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)

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)

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.
 

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

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.

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.

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

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. 

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

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.

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. 
 

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

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

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.
 

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

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

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

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 Matt Parnell or 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.

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

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

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.  

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. 

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.

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.

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 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) 

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)
 

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.
 

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.

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

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. 

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

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.

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

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)

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

The following members of our Planning Law practice group have been recognised by their clients and peers for their expertise and abilities in this area of law. Susan Brennan SC, Jeremy Gobbo QC, Chris Canavan QC, Michelle Quigley QC, Peter O'Farrell, Emma Peppler, Juliet Forsyth, Paul Chiappi, Jennifer Trewhella.(Doyles Guide (Melbourne), 24 May 2016)

Peter Chadwick QC poses the questions during the Mock Trial.

Just released - Issues and lessons from the New Zealand Royal Commission, implemented in the aftermath of the Canterbury earthquakes. By Dr Donald Charrett.

Legitimate expectation: a useful concept in administrative law? Darren Bruno looks at two recent High Court cases.

Dr Donald Charrett looks at the commercial value of dispute boards under FIDIC contracts.

We are delighted to welcome the following readers as Members of Foley's List: Michael Allen, Brett Harding, Naomi Lenga, Lisa Mendicino, Jack O'Connor, Gareth Redenbach, Joel Ruffles, Gary Taylor and Rachel Waters.

The latest chapter in our Oral History series, an interview with Ian Hayden, is now available online. 

Phone recordings, emails and social media - the mobile conundrum by Belle Lane and Alison Burt.

This paper by Robyn Wheeler covers pre- and post-separation contributions; special contributions; the slip rule; and other jurisprudence.

Foley's List is delighted to continue its association with the Australian Women Lawyers and was proud sponsor of the recent AWL 2016 conference held in Perth. CEO John Kelly along with several Foley's List barristers attended the three-day conference.

Relocation cases, where one parent seeks to move a child away from the other parent, can be notoriously difficult cases to prepare and run and very difficult to settle. Emma Swart explains.

Typically the making of a contract for the sale of land in Victoria is relatively straightforward. However this process may break down at various stages due either to factors of a general contract law nature or peculiar to contracts of sale of land. Philip Barton explains.

Michael Sharkey's case note looks at the matters of SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd VSC 631 and SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd (No 2) VSC 680.

The challenge for legal practitioners when dealing with a client using Ice or where Ice usage is alleged by a partner is to confirm the allegation by Caroline Jenkins.

Foley's List is proud to represent Robert Peters and Justin Meriene, both of whose legal acumen has been recognised in Chambers and Partners 2016 Global guide published today.

Foley's List congratulates the recipients of the Monash Law School 2015 Postgraduate awards. Announced last night, the Henry Jolson OAM, QC Award for Advanced Mediation: Skills and Theory A prize was awarded to Chenae Sparkes, and the Henry Jolson OAM, QC Award for Negotiation: Essential Skills for Dispute Resolution was awarded to Katherine O'Brien. 

Julie Davis looks at  a recent case of 'noisy neighbours'  in the City of Port Phillip and the employ of The Public Health and Wellbeing Act 2008.

Christopher Canavan QC, (Climate Change Law; Planning and Environmental Law), Michael D. Wyles QC (Litigation), Guy Gilbert (Immigration Law, Occupational Health and Safety Law), Robert Peters (Litigation), Andrew Palmer (Occupational Health and Safety Law), John Gurr (Construction/Infrastructure Law), Jonathan Forbes (Labour and Employment Law) and Louise Hicks (Planning and Environment Law-Government Practice) been listed in peer-ranked Best Lawyers 2017 Australian directory.

Foley's List is pleased to support lawyers of the future. John Kelly presented the Kevin Foley Memorial Advocacy Award to Benjamin van Poppel, a student at Leo Cussen Centre for Law. Congratulations Benjamin.

Julie Davis reviews the decision of VCAT to order the Council of the City of Greater Shepparton to bear the costs of Councillors who made an application to the Tribunal for a finding of serious misconduct by a municipal councillor.  

Glenn Casement and Amelia Beech examine the 2015 Jury Directions Act.

Some observations by Simon Moglia on Mental Impairment; Olivia Trumble provides a practical guide for practitioners preparing a defence in such cases.

Is there a police power to randomly stop people and ask for identity (or even their names and addresses) or visa status? Neill Hutton examines this somewhat vexed question.

Mark Rinaldi (Leading) and Nicholas Harrington (Recommended) have been recognised by their peers for their expertise in the area of Employment Law & Industrial Relations. (Doyles 2016)

Congratulations to barristers Justin Mereine and Robert Peters recognised for their expertise in Dispute Resolution, and to Frank O'Loughlin for Taxation - Chambers and Partners Asia Pacific 2016).

Foley's List Committee, Barristers and Staff congratulate List Member Guy Gilbert on receiving the John A. Gibson AM Memorial Award 2016 for 'Distinguished Human Rights and Refugee Advocacy'.

Project scoping and risk allocation are central to improving outcomes in the realm of megaprojects, writes international building and engineering expert Dr Donald Charrett.

The Court of Arbitration for Sport (“CAS”) made findings of fact that 34 Essendon players used Thymosin Beta 4 (“TB4”). CAS approached the task before it, by “evaluating all relevant and credible items of evidence and asking itself whether, considered cumulatively, they satisfied the test of comfortable satisfaction”. Glen Pauline explains.

The High Court is currently a hotbed of public international law. Dr Adam McBeth looks at three recent cases.

The Powers of Attorney Act 2014 introduces important changes which create significant risk for attorneys that ought to be explained to them before they accept appointment as an attorney, and before they commence to act under the power. Andrew Dickenson explains.

At the request of NGO International Justice Mission (IJM), a voluntary team - including List Members Lesley Taylor QC, Michael Cahill and Tony Trood - travelled to Uganda to provide advocacy training to lawyers from the office of the Ugandan DPP.

Rishi Gulati, International Law expert, interviewed on ABC RN (17 December, 2015) regarding a landmark trial on how returning Australian fighters who joined groups opposing Islamic State militants are defended in court.

Proving delivery and the time of delivery are both critical when serving documents. Brenton Devanny explains. 

Recent decisions of the Full Court of the Federal Court, and the Fair Work Commission (FWC), reveal an emerging debate about the interpretation of both contracts and enterprise agreements made under the Fair Work Act 2009.  Brendan Avallone investigates.

When the Legal Profession Uniform Law came into effect on 1 July 2015 so too did the new Conduct Rules made on 26 May 2015. Jeremy St John QC takes a look at the conduct rules for solicitors. 

Foley's List Members and staff congratulate Andrew Strum SC and Daniel Gurvich SC on their appointment as Senior Counsel in and for the State of Victoria.

Foley's List team of Cara Foot, Daniel Gurvich and Daniel Porceddu were the first barristers' team to cross the finish line in the2015 LIV Fun Run. This win marks the seventh consecutive year in which Foley's List has won the barrister team category.

In another first, Cara Foot was the fastest overall female runner, as well as the fastest in her section.

List members Paul Holdenson QC, Michelle Quigley QC and Elizabeth Ruddle have been elected to the Victorian Bar Council for 2015/2016.

In Kheir v The Queen the Court of Appeal was asked to consider whether the trial judge erred by permitting the informant to give evidence as to his identification of the accused’s voice in various intercepted telephone conversations. Daniel Porceddu explains.

The Victorian Court of Appeal’s decision in Riley v The Queen concerned a procedural anomaly arising from the Criminal Procedure Act 2009(Vic)(‘CPA’). In particular, this appeal queried whether s 277(1)(c) of the CPA confers power on the Court to substitute a conviction where a person enters a guilty plea. Tyson Manicolo explains.

A High Court decision is a warning to property developers that, in complex developments, the dutiable consideration will rarely comprise merely the purchase price in the contract of sale. Simon Tisher explains.

The law is grappling with issues surrounding “family” asset control and division in the context of relationship breakdown, death and incapacity on an ever increasing basis. It is in this context that streams of law with quite distinct origins and approaches meet and interact. Lachlan Wraith explains.

We are delighted to announce the following new members of Foley's List: Brendan Avallone, Alison Burt, Rose Cameron, Dr Adam McBeth, Patrick Miller, Kimberley Phair, Carly Robertson, Michael Sharkey and Olivia Thompson. Our new Readers reflect the diversity of backgrounds and the breadth of legal knowledge of our List. Commercial Law, Construction Law, Criminal Law, Family Law, Human Rights, Insolvency, Insurance Law, Planning, Public Law, Workplace Relations.

Under new provisions in the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 introduced on 1 July 2015, police and prosecutors can bring charges alleging that an accused committed an offence as a “course of conduct”. Olivia Trumble explains.

Congratulations to staff member Tyson Manicolo on his recent graduation with a Bachelor of Laws.
 

Insurance Law experts Danny Masel SC and Diana Costaras  take a look at an injured person’s right to sue for damages when injury occurs in a sporting context. In particular, when does the defence of “voluntary assumption of risk” answer the claim? 

Foley's List is proud to represent Tim Grace who has been recognised as a Leading Taxation practitioner. (Doyles Guide 2015)

Foley's List is proud to support the lawyers of the future, and congratulates the winners of the Melbourne Law Students Society 2015 witness examination competition. Barrister James Anderson with the finalists. 

 

When drafting an affidavit, it is important to consider the audience. The affidavit will need to be drafted clearly and logically. Belle Lane explains.

Guidelines for prospective Readers to join Foley's List in March 2016 are now available.

Daniel Porceddu reviews the recent Court of Appeal case Dyason v The Queen, where the Court was asked to consider whether the sentencing judge had erred by failing to impose a Community Corrections Order for serious ‘white collar’ offending.

The 7-Eleven wage scandal puts the spotlight on franchisees, franchisors and the obligation to pay employees their proper wages. But whose problem is it? by Glen Pauline. 

Foley's List is proud to represent Michael D. Wyles QC (recommended Silk) and Justin Mereine (Leading Junior Counsel) and congratulates both who have been listed in the Doyles Guide 2015 Leading Commercial Litigation & Dispute Barristers 2015. The Guide details counsel practising in commercial litigation and dispute resolution in the Australian legal market who have been identified by clients and peers for their expertise and abilities in this area of law.

Foley's List is proud to represent John Gurr (Leading Junior Counsel) and Nicholas Frenkel (Recommended Junior Counsel) and congratulates both who have been listed in the Doyles Guide 2015 leading Australian Construction Barristers. The Guide details counsel practising in construction matters in the Australian legal market who have been identified by clients and peers for their expertise and abilities in this area of law.

Foley's List Clerk Kate Conners was invited to join an VWL and WBA panel discussion on 'Life at the Bar' where she spoke about the unique relationship between barrister and clerk, and important considerations for solicitors contemplating a career at the Bar.

The latest update from planning and local government expert Julie Davis takes a look at height limits, short-stay (party) apartments, restrictive covenants and planning policy.

Browse our CPD Resources Library.

Foley's List congratulates Ms Penny Hagekyriakou on receiving the Kevin Foley Memorial Advocacy Award 2015. This Award is offered by the Leo Cussen Institute and acknowledges the contribution of Kevin Foley, former Chief Clerk of this List, to the legal profession.

Family lawyers, are neither qualified, nor insured to provide clients with expert taxation advice. They are, however, required to understand the potential tax consequences of property settlements and to know when to refer clients to their accountants for taxation advice. Jeanette Swann explains.

Family Law barrister Holly Renwick provides an overview of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) and the matters solicitors should address when a client seeks the return of a child or seeks to resist an order for a return. 

Emma Swart provides an overview of the Family Violence Royal Commission process and offers suggestions for family lawyers to improve their practice ahead of the release of the Commission’s final report.

We can see the refugee crisis unfolding before our eyes on our televisions. It is a terrible situation. We are asking lawyers to donate one billable hour of their time to Medecins Sans Frontieres who are on the front line helping refugees. Australian organisers Belle Lane & Alison Burt.

Foley's List apps for Apple and Android have been updated for all platforms. Download from iTunes of Google play store.

O H & S expert Sam Stafford was guest presenter at the Victorian Municipal Building Surveyors' Group Annual conference held on 31 August, 2015.

Tax expert, Anna Wilson takes a look at SMSFs - a significant pool of investment funds, which appears set to keep growing.

With the current Family Violence Royal Commission there is an ever increasing focus on victim’s rights and the need to protect genuine victims of family violence.

Family Law barrister Caroline Jenkins looks at the particular sections of the state legislation that family law practitioners should be most aware of, and explores the connection between the state legislation and the Family Law Act (“the FLA”) and the implications for parties in that jurisdiction.

Browse CPD catelogue.

Foley's List Members and staff congratulate Remy van de Wiel QC on his induction today as a Legend of the Victorian Bar. Remy joins seven former, and current members (Peter O'Callaghan QC, Graeme Uren QC, Richard Stanley QC, Chris Canavan QC, Philip Dunn QC, Henry Jolson OAM QC, and Colin Lovitt QC), of Foley's List recognised as leaders at the Bar. 

Foley's List is delighted to sponsor the launching of the Asian Australian Lawyers (AALA) Mentoring Program (Victorian chapter). We applaud this initiative and look forward to partnering with the AALA on future events.

The effects of alcohol are well known. In this paper, criminal barrister Michael Cahill looks at both prosection and defence arguments in proceedings where the effects of alcohol are a factor.

View CPD Resources.

International public law expert, Rishi Gulati, interviewed on Sky News regarding on newly created Australian Border Force. 

Dr Robert Dean's article looks at the difficulty the courts have in dealing with restraint of trade clauses in Australia.

View CPD Resources.

International Law expert Rishi Gulati interviewed regarding the Australian Government's proposal to strip terrorists of Australian citizenship.
ABC News 24 (24 June, 2015) 
Sky News (23June,  2015) 

List Members together with Chief Clerk, John Kelly, acknowledge former List Member Chief Judge Michael Rozenes OA, QC's outstanding contribition to the Bar, the judiciary and the legal profession. We wish him well in retirement.

In latest article published in Australian Outlook, List Member, Rishi Gulati argues that the human tragedy of the Rohingya that is unfolding in front of us has a root cause and Myanmar’s refusal to acknowledge the issue continues to make the situation worse

Foley's List Members and staff congratulate List Member Ragini Durai on her appointment to the Superannuation Complaints Tribunal.

Co-authored by Emma Swart, this paper reviews decisions of the Family Court from June 2013 0 March 2015) in relation to relocation cases.

View CPD Resources.

Employment Law Expert Mark Rinaldi looks at the recent consideration by the Federal Court in Melbourne Stadiums Ltd v Sautner.

View CPD Resources catalogue.

Members of Foley's  List congratulate Mr Thomas Wu on receiving the Foley's List Henry Jolson Award for Dispute Resolution. The Award was presented at the Melbourne Law School Awards held on 26 May, 2015.

Whistleblower Protection at the UN: Reasons for Despair or Hope? By Rishi Gulati.
In a recent article in the Guardian, it was disclosed that French authorities thanked a senior UN official, Mr Anders Kompass for disclosing sexual abuse by French troops.

(The author has had no involvement in the cases mentioned below; this entry should not be construed as legal advice in any way or form whatsoever)

Foley's List is proud to support Walk for Justice 2015, organised by Justice Connect.

The vitality of the principle of proprietary estoppel is illustrated by recent High Court and Victorian Court of Appeal cases. Philip Barton explains.

Ian Horak's article 'A mark of faith' looks at bad faith registrations of trade marks.

Members of Foley's List together with the Clerks and Staff are delighted to announce the folllowing Readers who have joined the List:
Cara Foot, reading with Colin Mandy; Lucien Richter, reading with David Hallowes; Anna Wilson; Daniel Lorbeer; Diana Costaras; and Rishi Gulati. 

Read plann