David v Goliath. Duffy v Google. Everyone loves a story of the underdog. Usually, Goliath reigns supreme. But sometimes, just sometimes, the underdog gets justice. Today, we are speaking with an inspiring individual who took on one of the world’s largest companies, Google, in a defamation case, and won. Remarkably, she even defeated Google as a self-represented litigant. Not having a large commercial law firm supporting her, Dr Janice Duffy turned to powerful legal research tools that she could access herself online. One of those tools that assisted Dr Duffy, is Jade, our comprehensive and easily searchable database of legal cases and legislation. Keep listening to this podcast to hear how Jade helped David slew Goliath.

Peter Willis SC is a Victorian Barrister, and currently The Council's appointed editor for the Victorian Reports. The Victorian Reports contain significant cases from the Supreme Court in its first decisions and appeal decisions, available at  victorianreports.com.au. Some 70-75 cases are selected for inclusion annually on the criteria that they may introduce a new principle or rule of law, contain information relevant to an important practice or procedure, or are otherwise instructive or helpful. The Victorian Reports digital portal has been developed by the team at JADE for Little William Bourke, the official publisher of the Victorian Reports, and only the second publisher appointed by the Council of Law Reporting of Victoria in the history of the Reports.

In this episode we discuss:

• The history of the Victorian Reports.
• Why the Reports are important.
• How the cases are selected.
• What the process is once a case is selected.
• What does Peter's role as Editor of the Victorian Reports involve.
• Peter's favourite historical case - Spoiler alert: Toy v Musgrove (1888) 14 VLR 349 (Higinbotham CJ, Kerferd, Williams, Holroyd, A’Beckett, Wrenfordsley JJ).  [Constitutional law]. Read it on the Victorian Reports today: https://victorianreports.com.au/judgment/14-VLR-349

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Uber's business has transformed urban life across the globe. As of 1 January 2022, Uber's platform powers movement in around 10,500 cities around the world. Michael Coutts' areas of practice include competition, regulatory and consumer law, having completed his Master of Laws where his dissertation analysed competition law issues associated with applying anti-fragmentation conditions to open-source software licensing agreements. Uber's Counsel Michael Coutts joins the podcast to discuss how competition law is addressing Uber's transformation of movement being a win for consumers but a loss for the gig economy, the biggest challenges facing the point-to-point transportation sector in Australia, what the aim of competition law is if it is not to protect inefficient businesses, and the tools Michael carries around in his competition lawyer tool-kit.


In this episode we discuss:

• Michael's work at Uber and the Uber journey.
• If Uber's transformation of movement is a win for consumers but a loss for the gig economy, how is competition law addressing this issue?
• What do you see is the aim of competition law if it is not to protect inefficient businesses?
• What do you see as the future of competition law and the trend in the markets?
• In your view, what are the biggest challenges facing the point-to-point transportation sector in Australia today and say, in 10 years?
• What do you like the most about working at Uber?
• What are some of the biggest problems you and your team at Uber have solved in the last two years, and how has the COVID-19 pandemic contributed to this?
• Mental health is a perennial challenge for the legal industry - What do you think that means for young people considering entering the profession, or who have recently entered the profession?
• What is one tool you always carry in your tool-kit as a competition lawyer?
• What has been the most influential resource for your career thus far?
• What is the best career advice you have ever received?

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Don’t forget to follow us on LinkedIn @open law and Instagram @thelawfluentpodcast

Learn more about Michael:
- Michael's LinkedIn: https://www.linkedin.com/in/michaeldcoutts/?originalSubdomain=au

Gary Newton, Partner at HWL Ebsworth in the Real Estate and Projects team discusses all-things property law post COVID. Gary has also published 10 books on property law, including the 2020-2021 edition of the Annotated Conveyancing and Real Property Legislation Book. In this episode, Gary explains what it is about property law that is so recession-proof, the divide in commercial tenancy agreements, why some tenants were able to receive 'rent relief' and others weren't, as well as detailing interesting legal matters he has worked on recently.


In this episode we discuss:

• What is it about property law that is so recession-proof?
• How did COVID-19 affect the property market, in particular the commercial leases you were involved in?
• How has there been a divide in commercial tenancy agreements post COVID?
• Some tenants were able to receive 'rent relief', and others weren't - How did this affect the property market?
• What types of interesting legal matters have you worked on recently as a property lawyer?

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Learn more about Gary:
- Gary's website page: https://hwlebsworth.com.au/people/gary-newton/
- Gary's LinkedIn: https://www.linkedin.com/in/garynewtonlawyer/?originalSubdomain=au

Australians spend in excess of $1 billion in cosmetic procedures each year according to the Australasian College of Cosmetic Surgery and Medicine. This figure includes beauty treatments from non-medical practitioners. 

Anyone with a medical degree can advertise as a Cosmetic Surgeon.

Join Bill Madden, Special Counsel at Carroll & O'Dea Lawyers (Sydney), and frequent writer, speaker and University lecturer on civil liability medical litigation, and Justine Anderson, Associate at Carroll & O'Dea Lawyers (Sydney) and Executive Committee member of the Women Lawyers Association of NSW, as they talk about the area where medical practitioners operate, and what protections, if any, consumers currently have in the marketplace. 


In this episode we discuss:

• What implications are there for the uninformed consumer given the information asymmetries in the complex delivery of surgical services?
• Do doctors have a duty to disclose to patients their qualifications or lack thereof?
• Does the duty of disclosure in Rogers v Whitaker (1992) 175 CLR 479 extend from disclosure of risks arising from the procedures to disclosure of risks arising from the lack of qualification of the doctor?
• Even if someone is trained as a surgeon under the Royal Australasian College of Surgeons programme, say a colorectal surgeon - Is there any law or regulation that requires them to not perform a breast augmentation?
• Are there any regulations or law currently that address issues of the consumer-patient lacking independent advice from their GP who usually acts as a 'gatekeeper' for referral to surgeons, and doctors' duties to shareholders of their corporate employers conflicting with their duties to their patients?
• How do you think the medical regulator the Australian Health Practitioner Regulation Agency (AHPRA) should approach these issues - What would a proposed regulatory framework look like?
• What are your thoughts on making some disclosures mandatory, such as doctor's qualifications and mandatory benchmarking against other practitioners who practice in the same field?
• What are some ways consumers can protect themselves from misleading advertisements on the internet?

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Don’t forget to follow us on LinkedIn @open law and Instagram @thelawfluentpodcast

Learn more about Bill:
- Bill's website page: https://www.codea.com.au/lawyers/bill-madden/
- Bill's LinkedIn: https://www.linkedin.com/in/maddenbill/?originalSubdomain=au

Learn more about Justine:
- Justine's website page: https://www.codea.com.au/lawyers/justine-anderson/
- Justine's LinkedIn: https://www.linkedin.com/in/justine-anderson-19b60257/?originalSubdomain=au

Averie Bishop is the co-founder of The Tulong Foundation, anon-profit organisation that aids children in third world countries to afford education by building libraries, offering scholarships and more. The organisation has been internationally recognised by the Clinton Foundation and can be seen in a permanent exhibition at the Dallas Holocaust and Human Rights museum. Join Averie all the way from Texas as she discusses how she started The Tulong Foundation and how other lawyers can start a non-profit organisation, being the first Asian-American to win the title of Miss Texas, as well as dealing with long law readings, writing law notes, and managing your time in law school effectively.

In this episode we discuss:

• How did you start The Tulong Foundation and what has it achieved so far?
• What are some of the challenges you face as the CEO of an international non-profit organisation, and how have you overcome these challenges?
• What tips do you have for other lawyers and law students also wanting to start a non-profit organisation?
• What does it feel like to be the first Asian-American to win the title of Miss Texas?
• What are your other extracurricular activities both past and present?
• What advice do you have for current and future law students wanting to expand their knowledge and dedicate time to pursuing a passion whilst completing law school?
• What are your top study tips to help you achieve high marks in law school?
• How do you deal with long law readings and law notes?
• What are your top tips for writing law outlines and law notes?
• What advice do you have for law students wanting to share their experiences on social media and become content creators?
• What are your tips on confidence and backing yourself?
• How do you stay organised and manage your time effectively?
• How do you ensure you look after your mental health and wellbeing?

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Learn more about Averie:
- Averie's website: https://www.averiebishop.com/
- Averie's LinkedIn: https://www.linkedin.com/in/averiebishop/
- Averie's Instagram: https://www.instagram.com/averiebishop/?hl=en
- Averie's Tik Tok: https://www.tiktok.com/@averiebishop?lang=en
- Averie's YouTube: https://www.youtube.com/c/AverieBishop

Join Louise Mathias, certified high performance, social and emotional intelligence, and leadership coach ranked in the top 1% in Australia, using her experience as a multidisciplinary barrister and mediator, discuss confident leadership in the legal profession. Louise takes us through one of her biggest leadership challenges as a barrister, and teaches the underrated tools that are indispensable for confident leadership.


In this episode we discuss:

• What is one piece of advice you would give to someone emerging as a leader or is in a leadership role?
• What is one of the biggest challenges that you have overcome, and what did you learn from that experience?
• What has been the most significant turning point in your life and leadership?
• What is one lesson you have learnt that you think everyone should learn if they want to lead with confidence?
• What underrated tools are indispensable for confident leadership?

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Learn more about Louise:
- Louise's website: https://www.louisemathias.com.au/
- Louise's LinkedIn: https://www.linkedin.com/in/louisemathias/?originalSubdomain=au

Jahan Kalantar, Founder and Head of Litigation at Executive Law Group, talks about his experience as a Law Lecturer, TEDx speaker, and human rights activist. Jahan details his journey as a barrister from a young age, his tips on leading a firm, the current issues with government action for refugees seeking asylum, and his advice for building your reputation as a lawyer on social media.

In this episode we discuss:

• How do you approach educating your audience and navigating the law's complexities?
• What is a typical day in your life like?
• What made you leave finance to pursue law, and how did you find your calling to the Bar at the young age of 25?
• Did you find your young age affected your ability to procure your clients from the beginning when you were still establishing yourself in comparison to older, more experience barristers?
• What is your preferred leadership style and what type of culture are your building in Executive Law Group?
• In the age of mental health awareness, did you find that the pandemic affected the way you managed and led your firm?
• What use of technology and practice management tips do you have for other founders, directors and partners of firms?
• Are there still bullies in the legal profession?
• How do you overcome nervous and anxious clients, requiring a great deal of emotional intelligence to deal with?
• What are the current issues with government action in the area of refugees seeking asylum?
• What has been the most complex and challenging matter you have appeared in?
• Can Tik Tok be a tool to enhance your reputation as a lawyer?
• What are your tips on confidence for law students undertaking a stressful degree that often causes mental health strains?

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Learn more about Jahan and follow him on social media:
- Jahan's website: https://www.jahankalantar.com/
- Jahan's Instagram: https://www.instagram.com/jahankalantar/?hl=en
- Jahan's Tik Tok: https://www.tiktok.com/@jahankalantarofficial?lang=en
- Jahan's LinkedIn: https://www.linkedin.com/in/jkalantar/?originalSubdomain=au

Learn about Executive Law Group: https://www.executivelawgroup.com.au/

Today we sat down with law librarians Anastasia Stepanovic (Melbourne), Philip Mullen (Sydney) and Alice Hewitt (Perth), part of ALLA (the Australian Law Librarians Association). In this episode we discuss the rarely spoken about role of being a law librarian, particularly in these interesting times of remote working post-pandemic.

We answer:

• What are the common legal research tasks you do?
• What is the difference between a public law library compared to a commercial law library?
• How has the pandemic changed the functions of law libraries?
• How will your role as a law librarian change in the future?
• Considering we, at JADE, provide digital legal research services, what do law librarians do that go beyond the capabilities of digital platforms?
• Have you had any weird legal research requests? 

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Learn more about ALLA: https://www.austlawlib.org/

Ryan, Norton Rose Fulbright's National Early Talent Adviser, describes the firm's widely recognised culture as being inclusive, friendly, collaborative, and flexible.

Plus, Andrew gives his insights after completing a Clerkship at Norton Rose Fulbright, then becoming a Graduate.


LISTEN HERE and explore more about us - https://linktr.ee/thelawfluentpodcast

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Follow us on Instagram @thelawfluentpodcast and LinkedIn @openlaw