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The Brief Case
The Brief Case Podcast
44 episodes
5 days ago
**SEASON 4 COMING IN 2024!** The Brief Case is a weekly, legal update podcast designed for — and delivered by — Queensland lawyers! Keep up with black letter law like never before with free, 15 minute, weekly episodes hosted by lawyer and cartoonist, Sarah-Elke Kraal. Enjoyment guaranteed!* ​*Not a guarantee.
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All content for The Brief Case is the property of The Brief Case Podcast and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
**SEASON 4 COMING IN 2024!** The Brief Case is a weekly, legal update podcast designed for — and delivered by — Queensland lawyers! Keep up with black letter law like never before with free, 15 minute, weekly episodes hosted by lawyer and cartoonist, Sarah-Elke Kraal. Enjoyment guaranteed!* ​*Not a guarantee.
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Episodes (20/44)
The Brief Case
SPECIAL DELIVERY! Sh!t They Don't Teach You at Law School: Episode 1

Hello my friend!

It's me, Sarah, popping into your feed to share with you a brand-new show I've been working on called "Sh!t They Don't Teach You at Law School".

It's a special, hand delivery just for you (because you're awesome).

If you like what you hear:

  • EPISODE 2 IS ALREADY LIVE!! And you can listen to it here (featuring Danielle Keyes, Group General Counsel of Nova Entertainment)
  • You can follow the show on Spotify here
  • You can follow the show on Apple here

And hey, I mean, even if you're only ~lukewarm~ on what you hear, I won't be offended if you throw me a pity follow. In fact, I'd pretty much do a jig.

I'll be back making more Brief Case eps very soon (HOORAY) :)

But in the meantime, I hope to see you over on the newest little legal podcast that's trying to change the world!

Love ya, mean it!

Your friend,

SEK

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1 year ago
8 minutes 33 seconds

The Brief Case
Episode 42: Season three *CLOSING ADDRESS* with Chief Justice Debra Sue Mortimer (Federal Court of Australia)

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

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"Season three *CLOSING ADDRESS* with Chief Justice Debra Sue Mortimer (Federal Court of Australia)"

In episode 42, we sit down with newly appointed Chief Justice Mortimer to discuss the current friction points of the court; the importance of knowing your practice directions; and the legacy her Honour hopes to create during her term as Chief.

TL;DR: read your practice directions (especially around Disclosure) before you go to court otherwise you might get a little fright.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

⁠Discover a UQ postgraduate program custom-built for you⁠.

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1 year ago
28 minutes 10 seconds

The Brief Case
Episode 41: Demystifying the laws against human trafficking and people smuggling

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

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"Demystifying the laws against human trafficking and people smuggling"

In episode 41, we sit down with Lecturer in Advanced Crime and Criminology, Joseph Lelliot, to discuss his research—and the recent developments around—human trafficking and people smuggling.

Joseph discusses:

  • Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;
  • Migration Act 1958 (Cth); and
  • whether a trafficked person should be punished for crimes they committed as a result of their situation as a trafficked person.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Show more...
2 years ago
23 minutes 18 seconds

The Brief Case
Episode 40: Insights from the District Court Queensland with Chief Judge Brian Devereaux SC

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

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"Insights from the District Court Queensland with Chief Judge Brian Devereaux SC"

In episode 40, we sit down with his Honour to answer these (and many other) pressing questions:

  • What happens after a judicial swearing-in ceremony?
  • Is there a big red phone with a direct line to the Attorney General?
  • What song would his Honour like played whenever he enters the court?

Plus, tune in to find out the somewhat more substantive matters that have been exercising the Chief Judge’s mind lately… and to hear my (completely unsolicited) suggestions to his Honour for possibly the best judicial marketing campaign ever.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Show more...
2 years ago
22 minutes 39 seconds

The Brief Case
Episode 39: You're the Voice (do you understand it?) with Dylan Lino

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

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"You're the Voice... Do you understand it?"

In episode 39, we sit down with Senior Lecturer in Constitutional Law and Colonialism, Dylan Lino, to discuss the Voice to Parliament.

Dylan explains how enshrining an Australian federal advisory body to represent the views of Indigenous communities into the Australian Constitution might work on the ground (including discussing some international examples), as well as provides a handy dandy summary of the yes/no arguments for your kind review and approval.

(He also answers one of my favourite "would you rather" questions to date, as inspired by my very own nightmares.)

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.


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2 years ago
26 minutes 25 seconds

The Brief Case
Episode 38: *AN EXCLUSIVE ANNOUNCEMENT* Plus! What lawyers need to know about The National Agreement on Closing the Gap

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

**PSA***

In this episode I make an 🥳exclusive🥳 announcement about the most hotly anticipated legal podcast ever... "SH!T THEY DON'T TEACH YOU AT LAW SCHOOL"!

If you want to get involved with this exciting project, here's the info you need:

  • Connect with Sarah on LinkedIn: https://www.linkedin.com/in/sarahelkekraal/
  • 2 second *anonymous* survey: https://www.surveymonkey.com/r/G7CD557
  • The survey what signs you up to the mailing list: https://view.flodesk.com/pages/64d837196c7994e1535b2248

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"Closing the gap with Thelma Schwartz"

In episode 38, we catch up with the inimitable Thelma Schwartz who is Principal Legal Officer at QIFVLS, and an award-winning advocate for some of the most vulnerable clients in our community.

Thelma discusses:

  • The National Agreement on Closing the Gap and in particular, the four justice targets (10, 11, 12 and 13);
  • her work in driving systemic change and protecting Aboriginal and Torres Strait Islander women and children from family and domestic violence;
  • the importance of trauma awareness when dealing with vulnerable clients; and
  • how taxi drivers can teach you to be a better lawyer.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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2 years ago
20 minutes 18 seconds

The Brief Case
Episode 37: Meet the viral lawyer who is disrupting toxic firm culture

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. **New website coming soon!**

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"Meet the viral lawyer who is disrupting toxic firm culture"

In episode 37, we step away from substantive law (just for a hot second, calm your farm) to talk about something else that is impacting day-to-day legal practise:

BULLYING.

No matter where you are in the legal ecosystem, it seems everyone has a story. I recently caught up with Stefanie Costi, a Sydney lawyer who went viral with a post on LinkedIn about her own bullying experience.

Stef is now on a mission to disrupt the culture of silence in law, and to mobilise our colleagues to start advocating for each other in the workplace.

So what is the most surprising thing Stef learned in the aftermath of her virality?

You'll have to listen to find out!

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Show more...
2 years ago
15 minutes 53 seconds

The Brief Case
Episode 36: Restrictive practices, elder abuse, and guardianship update with Public Advocate John Chesterman

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. **New website coming soon!**

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"Restrictive practices, elder abuse, and guardianship update with Public Advocate John Chesterman"

In episode 36, I somewhat existentially ask "what *is* the Public Advocate?!".

And Dr John Chesterman, Public Advocate (Qld) kindly explains!

We chatted all about his work in driving legal and social change for adults with impaired decision-making abilities, including fighting elder abuse (and what to do if you suspect a client is at risk); NDIS reform; restrictive practices; and what we might expect from a number of critical reforms that are on the horizon.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

Show more...
2 years ago
25 minutes 21 seconds

The Brief Case
Episode 35: The Dissents that Michael Kirby Loved (Part Two)

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. **New website coming soon!**

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"The Dissents that Michael Kirby Loved (Part Two): Nothing about us, without us"

In episode 35, we conclude our Kirby Carnival with PART TWO of my interview with the Hon. Michael Kirby AM!

#KirbyCarnival #bestHashtagEver


In this series, Mr Kirby references:

  1. Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562; 78 ALJR 1099; 208 ALR 124 (6 Aug 2004)
  2. New South Wales v Commonwealth [2006] HCA 52; 81 ALJR 34; 231 ALR 1 (14 November 2006)
  3. Wurridjal v The Commonwealth of Australia [2009] HCA 2 (2 February 2009)

PSA: You can access PART ONE of my interview with Mr Kirby here. And BONUS! When you listen to both parts 1 & 2 in succession, you may be able to claim 0.5 CPD points in substantive law (pending the rules in your state or territory). You’re welcome!

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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With my sincere thanks once again to the team at QT Sydney for relieving my pre-Kirby heart palpitations with lavish accommodation at their luxe, designer hotel in the Sydney CBD! Next time you’re in town, say hello – I basically live here now (but don’t tell the concierge).

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2 years ago
19 minutes 8 seconds

The Brief Case
Episode 34: Skynet on the Battlefield - Are the laws of war keeping up with technology?

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 Professor Rain Liivoja, Professor and Deputy Dean (Research), TC Beirne School of Law, University of Queensland.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Skynet on the battlefield: Are the laws of war keeping up with technology?

Rain discusses:

  • The Rome Statute of the International Criminal Court
  • Brereton Report
  • Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555


PSA: This episode may be CPD-claimable for 0.5 point in Substantive Law pending the rules in your State or Territory.


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PS: I really wanted to call this episode "War! Laws! What are they good for? (Sing it again)" but unfortunately my sense of propriety stopped me. But I assure I continue to work on eliminating that sense entirely.

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2 years ago
30 minutes 11 seconds

The Brief Case
Episode 33: Titan(ic) maritime disasters and SOLAS

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 Alison Cusack, Principal, Cusack & Co Maritime Law.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Titan(ic) maritime disasters and SOLAS

Alison discusses:

  • International Convention for the Safety of Life at Sea (SOLAS), 1974
  • The International Convention for the Prevention of Pollution from Ships (MARPOL)
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2 years ago
20 minutes 48 seconds

The Brief Case
Episode 32: [*FREE 0.5 SL*] Press freedom, espionage, and Ben Roberts-Smith

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 Dr Rebecca Arnanian-Welsh, Associate Professor of Law, University of Queensland.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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Press freedom, espionage, and Ben Roberts-Smith with Dr Rebecca Arnanian-Welsh

Bec discusses:

  • s126K, Evidence Act 1995 (Cth)
  • s14V, Evidence Act 1977 (Qld)
  • 2019 AFP Raids on Australian Journalists
  • The Afghan Files story by Dan Oakes
  • Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555


PSA: This episode may be CPD-claimable for 0.5 point in Substantive Law pending the rules in your State or Territory.

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2 years ago
30 minutes 36 seconds

The Brief Case
Episode 31: No more gladiators: An FCFCOA Pulse-Check with Senior Judicial Registrar Anne-Marie Rice

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 Senior Judicial Registrar Anne-Marie Rice, Executive Director, National Registrar Operations and Practice, Federal Circuit and Family Court of Australia.

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

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. No more gladiators: An FCFCOA Pulse-Check with SJR Rice

“One of the biggest misconceptions about what happened on 1 September 2021 was that there was just a merger of two courts. So many other things happened simultaneously.” – Senior Judicial Registrar Anne-Marie Rice

This episode looks deeply at one question: what are you doing to further the overarching purpose of the Family Law Act 1975 (Cth); that is, to facilitate the just resolution of your client's dispute as quickly and efficiently as possible? The sands have shifted in the FCFCOA's case management approach, and the message is clear: no more legal gladiators. No more weaponising of gratuitous legal arguments. No more positions-based battles designed to heighten the drama.


The focus is on resolution; and the noble pursuit of the lawyer has swung like a pendulum from combat to closure.


So what will you say when you are pointedly asked this question by the Judicial Registrar managing your client's matter?


SJR Rice references the following practice direction: Central Practice Direction: General Federal Law proceedings (1 September 2021).

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2 years ago
29 minutes 28 seconds

The Brief Case
Episode 30: *Season 3 Premiere!* The Dissents that Michael Kirby Loved (Part One)

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.

In episode 30, we hit the road to interview a very special guest for our SEASON THREE PREMIERE—the Hon. Michael Kirby AM!

#PinchMeMoment

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This is part one of my interview with Mr Kirby, so stay tuned for part two which will drop a little later in the season :)

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SEASON THREE of the Brief Case is proudly sponsored by The University of Queensland Law School.

Discover a UQ postgraduate program custom-built for you.

(https://law.uq.edu.au/?utm_source=the-brief-case&utm_medium=referral&utm_campaign=all-bel-pgcw-llm) .

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With my sincere thanks to the team at QT Sydney for rescuing me from ordinary accommodation with their luxe, designer hotel in the heart of the Sydney CBD!

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2 years ago
21 minutes 33 seconds

The Brief Case
Episode 29: *Season TWO Finale!* with a Very Special Mystery Guest (also Demystifying Family Law Arbitration with Definitely-Not-His-Honour Colin Forrest)

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 Queensland's very own brilliant and stylish legal icon, Colin Forrest, Barrister, Queensland Bar.


Show him some love!

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"Everything you always wanted to know about arbitrating a family law property settlement but were afraid to ask"

Colin discusses:

  • ss10L and 13E, Family Law Act 1975 (Cth);
  • pros and cons of arbitrating a family law dispute;
  • how to have a family law property settlement 'done and dusted' in under 8 weeks from go to whoa; and
  • Why you should never call him 'Judge'.
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2 years ago
22 minutes 53 seconds

The Brief Case
Episode 28: Super and tax - The 2023 headlines with finfluencer Joyce Ong
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 Joyce Ong, CEO, Tax Nuggets Academy. Show her some love! . . . Super and tax: The 2023 headlines with finfluencer Joyce Ong Joyce discusses: s100A, Income Tax Assessment Act (Cth) 1936, RE: "ordinary family dealings"; Proposed changes to Self Managed Superannuation Funds (re 30% tax on unrealised gains where assets valued at more than $3mil); Really bad CPD; and Weird Al Yankovic.
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2 years ago
18 minutes 12 seconds

The Brief Case
Episode 27: Fundamentals of Sports Law (and Foot Hygiene) with Cassandra Heilbronn

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 Cassandra Heilbronn, CEO, Family Office (Riyadh, Saudi Arabia).

Show her some love!

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Fundamentals of Sports Law and Foot Hygiene with Cassandra Heilbronn

Cassandra discusses everything from the types of business structures, files and clients you typically find in sports law; as well as her current role as CEO of a prominent Saudi Family Office, including how ultra high-net value families manage and grow their wealth for current and future generations.

An absolutely fascinating conversation for anyone bemoaning being stuck in their home office who may/may not also have jack-hammering happening in their kitchen. 

Or you know, someone less specific.

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2 years ago
21 minutes 33 seconds

The Brief Case
Episode 26: Retail Shop Leases Act Reform (and Battling the Darth Vaders in Leasing) with Small Business Commissioner Dominique Lamb

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 Queensland's Small Business Commissioner Dominique Lamb.


Show her some love!

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Retail Shop Leases Act Reform with Small Business Commissioner Domonique Lamb

Commissioner Lamb discusses:

  • Retail Shop Leases Act 1994 (Qld)
  • Small Business Commissioner Act 2022 (Qld)
  • Toombul Shopping Centre (owned by Mirvac Group): 2022 flood aftermath, and renewal - https://www.toombul.com.au/renewal
  • Lismore Shopping Square (owned by McConaghy Properties): 2022 flood aftermath, and renewal - https://mcconaghyproperties.com.au/centre/lismore-shopping-square/
Show more...
2 years ago
17 minutes 40 seconds

The Brief Case
Episode 25: Fundamentals of Space Law with Professor Steven Freeland

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 Emeritus Professor Steven Freeland, Western Sydney University; Co-Principal, Azimuth Advisory; Chair, United Nations Committee for the Peaceful Uses of Outer Space, and Board Member, Australian Space Agency.

Show him some love!

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"Fundamentals of Space Law with Professor Steven Freeland"

Steven discusses:

  • The Artemis Accords
  • The "Declaration of Legal Principles" (1963) and "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies" (1967)
  • Australian Space Agency.

PSA: Professor Freeland has kindly offered to answer any questions you might have after listening to this episode, so feel free to get in touch! You can email me by writing to hello [at] briefcasepod.com or you can reach out directly to Steven on LinkedIn!

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Subscribe to The Brief Case: EXCESS BAGGAGE to hear the extended, CPD-claimable version of this interview! 

*Instructions*

Apple Podcasts: Hit the handy-dandy SUBSCRIBE button, and you're off!

Spotify listeners go to here: https://anchor.fm/briefcasepod/subscribe

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2 years ago
20 minutes 54 seconds

The Brief Case
Episode 24: Understanding Copyright in the Age of ChatGPT

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 amazing guest in this episode is Eunika Kurek, Senior Legal Counsel, Unilever Australia.

Show her some love!

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!!PSA!! If you like what we put down in this episode, you may be able to claim 1.0 CPD point in substantive law for the extended version which is available NOW for subscribers of The Brief Case: Excess Baggage (pending the rules of your State or Territory). Hit "SUBSCRIBE" in your podcast platform of choice to access this and many other CPD claimable interviews - and start claiming the points already in your pocket!

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Understanding Copyright in the Age of ChatGPT (aka 'The one that will make you want to watch the movie "Her"')

Eunika discusses:

  • ChatGPT, accessible at: https://chat.openai.com
  • DALL-E, accessible at: https://openai.com/dall-e-2/
  • The US (and UK) case of GETTY IMAGES (US), INC. v STABILITY AI, INC.: https://fingfx.thomsonreuters.com/gfx/legaldocs/byvrlkmwnve/GETTY%20IMAGES%20AI%20LAWSUIT%20complaint.pdf
  • The US case involving a number of artists who have filed a claim for violation of their rights: https://stablediffusionlitigation.com/pdf/00201/1-1-stable-diffusion-complaint.pdf
  • Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd [2010] FCA 29 (4 February 2010))
Show more...
2 years ago
26 minutes 57 seconds

The Brief Case
**SEASON 4 COMING IN 2024!** The Brief Case is a weekly, legal update podcast designed for — and delivered by — Queensland lawyers! Keep up with black letter law like never before with free, 15 minute, weekly episodes hosted by lawyer and cartoonist, Sarah-Elke Kraal. Enjoyment guaranteed!* ​*Not a guarantee.