The Brief Case

The Brief Case

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The Brief Case episodes

  • Episode 13: Looking at the Watcher (through Crime and Property) *POP*

    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 special episode are:

    • Peter Shields, Deputy President, Parole Board Queensland; and
    • Frank Higginson, Partner, Hynes Legal

      • Show them some love!

      So what's in the Brief Case this week? It's a cool mashup between property (strata) and crime that uses the popular Netflix series The Watcher as a case study. Basically it's just me living my fantasy of combining TV with law and, well what can I say? I've been sick so you just have to humour me on this one.

      View The Watcher on Netflix Australia. 100% unsponsored content. Just a TV tragic.

      14 min
    • Episode 12: [*FREE 0.5 SL*] Behind the Closed Doors of Parole Board Queensland

      Episode 12 – A Not-So-Brief Audience with Peter Shields and Parole Board Queensland

      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 Peter Shields, Deputy President, Parole Board Queensland.

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

      Peter discusses:

      • the parole process and eligibility criteria in the Queensland criminal justice system
      • s13, Penalties and Sentences Act 1992 (Qld)
      • s192, Corrective Services Act 2006 (Qld)
      • Minogue v Victoria [2018] HCA 27
      • Queensland Parole System Review Final Report, November 2016, by Walter Sofronoff QC (as his Honour was then known) 
      • An amazing collection of golden age Hollywood autographs as framed in his chambers—and all addressed to his mum—which time unfortunately precluded me from including in this chat but will definitely make its way into a future episode!
        • 33 min
      • Episode 11: Disciplinary Law and Equity

        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:

        • Ben Cohen, Managing Partner, Bartley Cohen and Accredited Specialist (Commercial Litigation)—Qld
        • Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law)—Qld

          • Show them some love!

          Disciplinary Law with Ben Cohen

          Ben discusses:

          • Legal Services Commissioner v Jensen [2018] QCAT 264
          • Legal Services Commissioner v Baker [2006] QCA 145
          • s487(2) of Legal Profession Act 2007 (Qld)

            • Equity with Karen Gaston

            Karen discusses:

            • Bosanac v Commissioner of Taxation & Anor [2022] HCA 34 (“not a tax case, you’ll be pleased to know”)
            • This discussion specifically relevant to the dualling equitable presumptions of (1) a resulting trust; and (2) advancement. 
              • 21 min
            • Episode 10: PI and Criminal Law Cross-Over!

              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:

              • Nick Dore, Managing Principal, Fisher Dore Lawyers and Accredited Specialist (Criminal Law) — Qld;
              • Steve Herd, Principal, Fisher Dore Lawyers and Accredited Specialist (Personal Injuries) — Qld.

                • Show them some love!

                Steve discusses the cases:

                • Walker v State of Queensland [2022] QDC 168
                • Eaves v Donelly [2011] QDC 207

                  • Nick provides commentary on police procedure and reveals whether or not he has ever sat in a watch house (or worn handcuffs).

                  17 min
                • Episode 9: Critical Incident List (Family Law) with the Honourable Justice Jacoba Brasch and a Conveyancing Throwback
                  Episode 9 – Critical Incident List (Family Law) and Conveyancing
                  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), the world wide web: www.briefcasepod.com, & connect with Sarah on LinkedIn!
                  My guests in this episode are:
                  The Honourable Justice Jacoba Brasch, Federal Circuit and Family Court of Australia (Division 1)
                  Rod Johansen, Owner, Johansen Lawyers and Total Conveyancing Guru
                  Show them some love!
                  Critical Incidents List and the Federal Circuit and Family Court of Australia with the Honourable Justice Jacoba Brasch: Her Honour discusses the newly introduced Critical Incident List, with specific reference to Family Law Practice Direction: Critical Incident List, available on the FCFCOA website.  (POV: If you haven't listened to the Pet Shop Boys in the car at full volume, well frankly, It's a Sin.)
                  Conveyancing with Rod Johansen: Rod discusses the best-practice principle of picking up the phone, as he learned first-hand in: IVI P/L v Baycrown P/L [2005] QCA 205.
                  17 min
                • Episode 8: It's a clip (and recap) show

                  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:

                  • Karen Gaston, Barrister, Queensland Bar and Accredited Specialist (Succession Law) — Qld (Episode 1)
                  • Nick Dore, Principal, Fisher Dore Lawyers, and Accredited Specialist (Criminal Law) — Qld (Episode 2)
                  • Frank Higginson, Partner, Hynes Legal (Episode 3)
                  • Brian Herd, Partner, HopgoodGanim Lawyers (Episode 4)

                    • Show them some love! You can find links to their socials on the website: www.briefcasepod.com.

                    And you can find the full case and legislation references we make in this episode in the original episodes mentioned above. What, you're going to make me type them all out again? Pfft. Not likely.

                    Like clip shows? Hate 'em? Let me know! You can slide into the ye olde DMs or email me: hello[at]briefcasepod.com. 

                    15 min
                  • Episode 7: Hear Her Voice, Coronial Inquests of Hannah Clarke and Doreen Langham; and a Trusts Refresher

                    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:

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

                      • Show them some love!

                      The "Main" Event: Hear Her Voice Report No.2 and the Coronial Inquest into the Death of Doreen Langham

                      1. Paula discusses: the Hear Her Voice Report No. 2
                      2. Paula makes significant reference to the Coroner's Court of Queensland Inquest into the Death of Doreen Langham
                      3. Paula makes mention of the Coroners Court of Queensland Inquest into the Death of Hannah Clarke

                        4. Trusts refresher (it's a brief one)

                        1. In a super short "nutshell" update, I ask Karen what the most common types of trusts are; leading to a lightning fast cheat sheet comparison between discretionary trusts and unit trusts.
                          2. 16 min
                        2. Episode 6: An Audience with the Honourable Chief Justice Helen Bowskill

                          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 special guest this episode is the one and only, Honourable Chief Justice Helen Bowskill (Supreme Court of Queensland).


                          Show her Honour you care! Read Practice Direction Number 12 of 2022 (21 June 2022) and Practice Direction Number 4 of 2010 (reissued 8 April 2019).

                          Also don't whisper narky things under your breath at the bar table to your opponent because her Honour can totally hear you.

                          26 min
                        3. Episode 5: Native Title, Bodney v Bennell and the Native Title Act 1993 (Cth)

                          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 the one and only Tosin Aro, Special Counsel, Clayton Utz.

                          Tosin discusses the Native Title Act 1993 (Cth), the case of Bodney v Bennell [2008] FCAFC 63 and the basic elements of making a claim for native title through the lens of the Noongar people of South Western Australia. Enjoy part 1 of this conversation, where we gain insight into Tosin's impactful work in cultural heritage and native title.

                          17 min
                        4. Episode 4: Blended families, elder law & the Aged Care Act 1997 (Cth)

                          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 14 minutes with the one and only Brian Herd, Partner, HopgoodGanim Lawyers; winner, 2022 QLS Queensland Solicitor of the Year (Large Firm); and critically-acclaimed author, Avoiding the Ageing Parent Trap (available on Booktopia).

                          Buy the book. Trust me. In the words of Dorothy Zbornak, "it's just a hell of a book!".


                          1. The Quick and the RADs: Rules about refundable accommodation deposits when the person in care dies

                          Brian discusses the Aged Care Act 1997 (Cth), specifically with respect to the rules around refundable accommodation deposits where the person in care dies (and someone else paid the RAD). Where/who does the RAD get refunded to? What exactly does "apoplectic" mean? And what does all of this have to do with ugg boots? Let's find out.

                          15 min

                        About The Brief Case

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                        **SEASON 4 COMING IN 2024!**