Head to the Bar

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.