The Brief Case

The Brief Case

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The Brief Case episodes

  • Episode 23: [*BIG ANNOUNCEMENT!*] + Succession: The Capacity Continuum

    Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

    Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

    My guest in this episode is:

    • Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law)—Qld


      • Succession: The Capacity Continuum

      Karen discusses:

      • Queensland Handbook for Practitioners on Legal Capacity, as prepared by Allens and Queensland Advocacy Incorporated
      • Banks v Goodfellow (1870) LR 5 QB 549 (as adapted for modern life in more recent cases)
      • Ss14, 15 Succession Act 1981 (Qld)
      • Birt v PTQ [2013] QSC 13 at para [94]
        • 23 min
      • Episode 22: [*FREE 0.5 PLE*] Ethical teachings from the life and writings of Leo Tolstoy

        Thank you for listening to The Brief Case! 

        A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal. 

        Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com. 

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        On this episode, we spend 30 minutes with the one and only Stafford Shepherd — Adjunct Professor, School of Law and Justice, University of Southern Queensland.  

        This conversation is inspired by the oft judicially referenced Leo Tolstoy quote from Anna Karenina:

        "All happy families are alike; each unhappy family is unhappy in its own way."

        (See for example paragraph 1 of the judgement of Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza and Ors [2014] QSC 37)

        Join us as we embark on an ethical journey through the lessons Stafford has personally learned from the writings of Leo Tolstoy!

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        PSA: This interview may be CPD claimable for 0.5 points in practical legal ethics (pending the specific CPD Rules in your State or Territory).

        32 min
      • Episode 21: [AI] Richard M. Nixon on Watergate, the Moon Landing and Prince Harry

        Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

        Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

        My guest in this episode is an AI version of Richard M. Nixon, by way of Sidhant Chadda's Historical Figures - one of many AI chatbots that you can use to chat with lawyers from the past!

        But after interviewing AI Richard, I think I can safely say that AI will not be replacing lawyers any time soon... At least not on this show :)

        15 min
      • Episode 20: [*FREE 0.5 SL*] The Human Rights Act 2019 (Qld) is as cool as surfing

        Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

        Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

        It's SEASON TWO! 

        (Hooray)

        My guest on this debut episode is Dan Rogers, Principal and Legal Director, Robertson O'Gorman Solicitors; President, Caxton Legal Centre; Attorney-General's Appointee to Queensland Law Society Council, and Accredited Specialist (Criminal Law) — Qld.

        Show him some love!

        PSA: This interview may be CPD claimable for 0.5 points in substantive law (pending the specific CPD Rules in your State or Territory).

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        Episode 20: The Human Rights Act 2019 (Qld) is as cool as surfing

        The legislation Dan discusses in this episode is The Human Rights Act 2019 (Qld).

        The cases Dan references are:

        • Firestone v Australian National university (2004) ACTSC 76; 
        • Department of Human Services v Sanding [2011] 36 VR 221.

          • The resources Dan references are:

          • Alistair Pound and Kylie Evans, Annotated Victorian Charter of Rights (Thomson Reuters, 2nd ed, 2018); and
          • Chapter 64 of Caxton Legal Centre's The Queensland Law Handbook, "Human Rights Law in Queensland" (available at queenslandlawhandbook.org.au).
            • 30 min
          • Episode 19: The Inaugural Chief Justice Christmas Message!

            Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

            Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

            My very special guest in this episode is the Honourable Chief Justice Helen Bowskill, Supreme Court of Queensland.

            In our exciting Inaugural Christmas Message episode, HH reflects on the year that has been, and gives valuable insight into what we can expect from the Court in 2023. 

            Also HH answers perhaps the most important question of all: Will she do a TikTok dance with me?

            14 min
          • Episode 18: [*FREE 0.5 SL*] Totaan v The Queen [2022] NSWCCA 75 with Deputy Chief Magistrate Anthony Gett; and Magistrates Court 101 with Chief Magistrate Brassington

            Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

            Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

            My guests in this episode are:

            • Chief Magistrate Janelle Brassington, Magistrates Court of Queensland
            • Deputy Chief Magistrate Anthony Gett, Magistrates Court of Queensland

              • Show them some judicially appropriate love!

              PSA: The Deputy Chief Magistrate's interview may be CPD claimable for 0.5 points in substantive law (pending the specific CPD Rules in your State or Territory). 

              DCMG discusses:

              • Totaan v the Queen [2022] NSWCCA 75
              • s16A(2)(p), Crimes Act 1914 (Cth)
              • Mohamed v the Queen [2022] VCSA 136

                • He is also wearing a very nice tie. 

                39 min
              • Episode 17: R v Lehrmann

                Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

                Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

                My guest in this episode is Rebecca Fogerty, Accredited Specialist (Criminal Law)—Qld and Partner, Jasper Fogerty Lawyers.

                Show her some love!


                Rebecca examines the case of R v Lehrmann and in particular:

                • R v Lehrmann (No 3) [2022] ACTSC 145; and
                • DPP v Lehrmann (No 5) [2022] ACTSC 296.
                  • 20 min
                • Episode 16: Breaking New Ground with Land Court President Fleur Kingham (Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21)

                  Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

                  Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

                  On this episode, we spend 16 minutes with President Fleur Kingham, Land Court of Queensland, following her Honour's high profile judgment in Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21.

                  This decision is significant because, among other reasons, it is the first time human rights has been raised in Australia as a ground for refusal of a mining application.

                  And this episode is significant because I actually made a judicial officer roll their eyes. It's a proud day all around really.

                  18 min
                • Episode 15: [*FREE 0.5 PLE*] Living In, Outside and Behind the Law
                  Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.
                  Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.
                  On this episode, we spend 30 minutes with the one and only Stafford Shepherd — Adjunct Professor, School of Law and Justice, University of Southern Queensland. 
                  Stafford discusses:
                  Australian Solicitors Conduct Rules 2012 (in particular, rr 3, 4, 7.1, 8)
                  Ethical lessons learned from the late Sir Gerard Brennan
                  The Meditations of the Emperor Marcus Aurelius (in particular, Book 5)
                  The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony Kronman (in particular, the concept of the lawyer as a 'trusted advisor')
                  Nudge: Improving Decisions about Health, Wealth, and Happiness by Richard H. Thaler and Cass R. Sunstein (in particular, the careful curation of legal recommendations in furthering the client's best interests, and the ethics of influence)
                  Legal Profession Act 2007 (Qld) (generally).
                  Sarah mentions:
                  CYA letters. If you don't know what that initialism stands for, do you even go here?
                  30 min
                • Episode 14: Two Litigation Cases, One Barrister

                  Thank you for listening to The Brief Case! A podcast for lawyers, hosted by lawyer and cartoonist Sarah-Elke Kraal.

                  Catch us on Instagram (@briefcasepod) and the world wide web: www.briefcasepod.com.

                  My guest this episode is Matthew Hickey OAM, Barrister, Queensland Bar.

                  Matt discusses:

                  • Seven Network (Operations) Limited v Cricket Australia [2022] FCA 1290 - this case specifically relevant to proper form of pleadings, in particular, the use of the phrase "vague and embarrassing" in lieu of pleading an appropriate response to the allegation/s.
                  • Gall v Domino's Pizza Enterprises Limited (No 3) [2022] FCA 1330 - this case specifically relevant to disclosure, legal professional privilege, and the issue of waiver.
                  • BBL: Big Bash League (Australian professional cricket league, established by Cricket Australia); also verified by Google as being an initialism used by youths to refer to surgically enhanced posteriors or something.
                    • 19 min

                  About The Brief Case

                  From the publisher's feed

                  **SEASON 4 COMING IN 2024!**