Head to the Bar

The Supreme Court Civil Procedure Rules Part 4

LawLife — Thu, 22 Oct 2020 01:58:00 +0000

In this episode, we’ll finish the last instalment of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to subpoenas, affidavits, expert evidence, originating motions, applications, place and mode of trial, trial itself, and security for costs. Here’s the link to the Supreme Court discussion of the different types of subpoenas.

You can fine the notes here.

And, just like that, our discussions draw to an end. The Victorian Bar recorded a review seminar which is available to those enrolled in the exam. Thank you for your commitment and support, and stay tuned for the next LawLife podcast!

The Supreme Court Civil Procedure Rules Part 3

LawLife — Sun, 18 Oct 2020 01:56:00 +0000

In this episode, we’ll finish the third of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to discovery and inspection of documents, preliminary discovery and discovery from non-party, amendment, inspection, detention and preservation of property, freezing orders, injunctions, and evidence generally. Here’s the link to the Supreme Court Practice Note relating to Freezing Orders. In our next episode, we’ll finish our discussion of the examinable law with our last instalment relating to the rules.

You'll find the notes here.

The Supreme Court Civil Procedure Rules Part 2

LawLife — Thu, 15 Oct 2020 01:51:00 +0000

In this episode, we’ll finish the second of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to summary judgment, summary stay or dismissal of claim and striking out pleading, offers of compromise, and we’ll start discovery and inspection of documents. In out next episode, we’ll keep going with the rules.

You can find the notes here

The Supreme Court Civil Procedure Rules Part 1

LawLife — Thu, 08 Oct 2020 22:02:00 +0000

This episode we’ll start the first of four instalments of our discussion of the Supreme Court (General Civil Procedure Rules) 2015 (Vic), looking at the provisions relating to process in the court, joinder of claims and parties, counterclaim, third party procedure, and the rules of pleadings. We bid a fond farewell to the Judicial College commentary. In our next episode, we’ll keep going with the rules.

You can find the notes here.

The Civil Procedure Act part 2

LawLife — Tue, 06 Oct 2020 22:30:00 +0000

This episode we’ll finish discussing the Civil Procedure Act 2010 (Vic) provisions relating to the commencement and conduct of civil proceedings (Chapter 4) and appropriate dispute resolution (Chapter 5). As always, we’re helped out by the discussion published by the Judicial College of Victoria as to the relevant parts of the Civil Procedure Act, which you can find in the Civil Procedure bench book here. In out next episode, we’ll start looking at the Supreme Court (General Civil Procedure) Rules 2015 (Vic).

You can find the notes here.

Sentencing wrap up, and the Civil Procedure Act 2010 part 1

LawLife — Fri, 02 Oct 2020 23:01:00 +0000

This episode we’ll finish discussing sentencing and then start tackling civil procedure by looking at the parts of the Civil Procedure Act 2010 (Vic) relating to its overarching purpose, the overarching obligations, and sanctions for non-compliance. As always, we’re helped out by the discussion published by the Judicial College of Victoria. You’ll find their thorough Sentencing Manual by following the link from here , and you can find the discussion of the relevant parts of the Civil Procedure Act in the Civil Procedure bench book here. In out next episode, we’ll finish the Civil Procedure Act, Chapters 4 and 5.

You can find the notes here.

Sentencing Part 2

LawLife — Wed, 30 Sep 2020 08:56:00 +0000

This episode we’ll keep chatting about the Sentencing Act 1991 (Vic) by continuing to look at all of the detail of available dispositions under the Act, No notes this episode for the last time, but you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for Sentencing Act chats is the Victorian sentencing manual. In out next episode, we’ll wrap up sentencing, and start our sprint to the finish by looking at the Civil Procedure Act.

Sentencing Part 1

LawLife — Thu, 24 Sep 2020 23:41:00 +0000

This episode we’ll start chatting about the Sentencing Act 1991 (Vic) by looking at the introductory provisions, finishing up with provisions relating to custodial sentences. No notes this episode or next, you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for Sentencing Act chats is the Victorian sentencing manual. In out next episode, we’ll very nearly finish the sentencing discussion , leaving only civil procedure to go.

The Jury Directions Act part 2

LawLife — Mon, 21 Sep 2020 21:52:00 +0000

This episode we’ll finish discussing the Jury Directions Act 2015 (Vic) by looking at the evidential directions, finishing up with general directions. No notes this episode, you’ll just need the Act in front of you. As always, we’re helped out by the discussion published by the Judicial College of Victoria, and the best resource for a Jury Directions Act conversation is the criminal charge book. In out next episode, we’ll start discussing the Sentencing Act in our penultimate discussion on criminal procedure, leaving only civil procedure to go.

Bail part 2, and the Jury Directions Act Part 1

LawLife — Fri, 18 Sep 2020 02:21:00 +0000

This episode we’ll finish discussing the Bail Act 1977 (Vic) and get started on the Jury Directions Act 2015 (Vic). As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for bail, and there’s a great discussion of how the Jury Directions Act works starting here. In out next episode, we’ll finish the Jury Directions Act by looking at evidential and general directions.

You can find the notes here.

Appeals from superior court decisions, and bail part 1

LawLife — Mon, 14 Sep 2020 21:45:00 +0000

This episode we’ll continue discussing the Criminal Procedure Act, starting with appeals from superior court decisions, including interlocutory appeals, and cases stated. We then move onto an introduction to the Bail Act 1977 (Vic). As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for appeals and cases stated, and here for bail. In out next episode, we’ll finish up bail and introduce the Jury Directions Act 2015 (Vic).

You can find the notes here.

Committal proceedings, and trial procedure

LawLife — Tue, 08 Sep 2020 21:27:00 +0000

This episode we’ll continue discussing the Criminal Procedure Act. We’ll start with committal proceedings, and then move onto Victorian Criminal trial procedure. As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for committal procedure, and here for trial procedure. In out next episode, we’ll move onto appeals from superior court decisions, and the first part of our bail discussion.

You can find the notes here.

Summary criminal procedure, and appeals from the Magistrates' Court

LawLife — Thu, 03 Sep 2020 11:34:00 +0000

This episode we’ll start looking at Victorian Criminal Procedure and the provisions of the Criminal Procedure Act. We start with commencing criminal proceedings, moving onto summary procedure, and then wrap up with the appeals available from decisions of the Magistrates’ Court. As always, we’re helped out by the discussion published by the Judicial College of Victoria, starting here for summary procedure, and here for appeals. In out next episode, we’ll move onto committal procedure, and trials on indictment.

You can find the notes here.

Barristers' ethical rules part 2 of 2

LawLife — Tue, 01 Sep 2020 05:31:00 +0000

This episode we’ll wrap up the relevant ethical principles that apply to barristers, looking at Part 5.4 of Schedule 1 of the Legal Profession Uniform Law Application Act 2014, which relates to disciplinary matters, and the overarching obligations in the Civil Procedure Act 2010. In out next episode, we’ll start looking at criminal procedure, focusing on initiation of matters, and summary procedure.

You can find the notes here.

Barristers' ethical rules part 1 of 2

LawLife — Mon, 10 Aug 2020 02:23:00 +0000

With the law of evidence now done and dusted, it’s time to switch to a new topic. This episode we’ll start to discuss the the ethical principles that apply to barristers. In discussion one of two, let’s take a look at the Legal Profession Uniform Conduct (Barristers) Rules 2015. In out next episode, our second and final ethics chat.

You can find the notes here.

A brief review of Victorian evidence law

LawLife — Fri, 31 Jul 2020 00:53:00 +0000

It’s time to transition from looking at the evidentiary rules and principles, to considering how to attempt past exams. This episode we’ll review the rules of evidence that we’ve discussed, with a special emphasis on approaching legal problem solving. There is also a guest appearance by a very loud bird in the background. In our next episode, we’ll move on, at last, to ethics.

You can find the notes, and other resources, here.

You’ll find past exams published by the Vicbar (and suggested answers) here.

The hearsay rule and its exceptions

LawLife — Fri, 31 Jul 2020 00:33:00 +0000

In our very last substantive evidence discussion, we chat about the principles of admissibility, and exclusion, of hearsay evidence. In our next episode, we’ll revisit and review each of those evidentiary rules in readiness for past exam problem solving.You can find the notes, and other resources, here.

The Judicial College of Victoria provides an absolute wealth of resources for the principles governing the admissibility and exclusionary rules relating to hearsay starting here.

Admissions and improperly obtained evidence

LawLife — Tue, 28 Jul 2020 09:33:00 +0000

Today, we chat about the principles of admissibility, and exclusion, of admissions and unlawfully or improperly obtained real evidence. In our next episode, our very last deep dig into evidence, will look at the hearsay rule and its many exceptions.

You can find the notes, and other resources, here.

The Judicial College of Victoria provides an absolute wealth of resources for the principles governing the admissibility and exclusionary rules relating to admissions starting here. The resources relating to discretionary exclusion of illegally or improperly obtained admissions and real evidence starts here.

Identification evidence, and opinion evidence including expert evidence

LawLife — Wed, 22 Jul 2020 01:18:00 +0000

Let’s shift to topics that don’t require quite the same level of heavy lifting that we’ve become used to. Today, we’ll look at identification evidence and opinion evidence, including the related topic of expert evidence. In our next episode we'll be looking at admissions, and exclusion.

You can find the notes, and other resources, here.

The Judicial College of Victoria provides an absolute wealth of resources for the principles governing admissibility of identification evidence starting here, of opinion evidence starting here, and the related topic, expert evidence.

Tendency and coincidence evidence

LawLife — Fri, 17 Jul 2020 00:33:00 +0000

Often considered one of the trickier areas of evidence law, today we will look at the principles of admissibility and exclusion of tendency and coincidence evidence. In our next episode, we'll turn to identification evidence, and opinion and expert evidence.

You can find the notes, and other resources, here.

The Judicial College of Victoria provides an absolute wealth of resources for the principles governing admissibility and exclusion of tendency evidence and coincidence evidence starting here. The use of tendence reasoning in criminal trials is also discussed here, and then here for coincidence reasoning.

Client legal privilege, and the credibility rules

LawLife — Wed, 15 Jul 2020 04:24:00 +0000

Today we tackle the last of the evidentiary privileges - client legal privilege, before moving into the tricky rules of admissibility of credibility evidence. In our next episode, we'll grapple with tendency and coincidence evidence.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on client legal privilege, and the credibility rules.

Cross-examination, and evidentiary privileges

LawLife — Fri, 10 Jul 2020 01:36:00 +0000

Now that we’ve managed the most difficult part of law studies (getting started), we’re well on our way. Today, we’ll look at the principles and procedures guiding cross-examination – don’t forget that those procedures are linked to the principles of credibility evidence, but let’s not get ahead of ourselves. In our last leg of the journey, we’ll pull on our wetsuits and taking a deep dive into privilege, peeking at the Uniform Evidence Act provisions on the privilege against self-incrimination, and matters of state immunity. In our next episode, we’ll look at client legal privilege and then the tricky rules of admissibility of credibility evidence.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on cross-examination, the prosecution failure to call witnesses, the defence failure to call witnesses, the rule in Browne v Dunn, and the privilege against self incrimination, and matters of state immunity.

Relevance, and witnesses part 1

LawLife — Wed, 08 Jul 2020 02:51:00 +0000

A warm welcome to our discussion of Victorian evidence law. We’ll start at the very beginning, and that is the principles of relevance, discretionary and mandatory exclusion. We travel through circumstantial evidence, particularly in criminal cases, before catching our first glimpse of the rules governing competence and compellability in witnesses. Examination in chief is our final destination, including non-leading questions, restoring memory, unfavourable witnesses and our first mention of Jones v Dunkel. It won’t be the last time we spot that case.In our next episode, we’ll finish up cross-examination and start looking at the evidentiary privileges.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on relevance, circumstantial evidence in criminal cases, discretionary and mandatory exclusions, competence and compellability starting here, and examination in chief and re-examination.

Wisdom from past passers

LawLife — Thu, 02 Jul 2020 05:23:00 +0000

An enormous hurdle to getting started in self-led study is knowing where to begin. In this episode, we had the honour of being joined by three lawyers who faced the challenge of the Victorian Bar Entrance exam, and passed. Matt Murphy, and Sam Profitt, who have both recently signed the Bar Roll, and Bridie Kelly, Senior Associate to the Chief Judge of the County Court, share their wisdom and tips.

Matt’s advice for building concentration involved the Pomodoro technique. There are lots of apps and programs to help track your time, one Pomodoro at a time, or you’ll need a 25 minute timer.

There are also lots of online classes for meditation and mindfulness, which can help build concentration and may also help to diffuse pre-exam nerves. Smiling Mind is free.

In our next episode, we’ll start looking at the Victorian laws of Evidence, starting with relevance, discretionary exclusions, circumstantial evidence, and examination in chief.

Welcome to the Head to the Bar podcast

LawLife — Wed, 01 Jul 2020 02:54:00 +0000

Are you thinking of sitting the Victorian Bar Entrance exam in November? Welcome to the Head to the Bar podcast. We'll explore the examinable law, wandering leisurely through 30 hours of Victorian evidence law, criminal procedure, civil procedure, ethics, and exam strategy. You'll also be able to download a full set of law notes for your information. Proudly hosted by Dr Martine Marich, acting in a private, non-judicial and purely voluntary capacity.