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  • The Role of Juries in Justice: Balancing Law and Community Standards
    Nov 26 2025

    In this episode of Brief Chats, Anna Svenson, Director and Principal Clerk at Svenson Barristers, is joined by Barristers Philip Skehan and Caitrin Davis to unpack the history, purpose, and challenges of juries in the justice system. They explore how juries have evolved from panels of peers to representatives of the public, and how they continue to shape verdicts through the lens of community standards.

    From the distinction between criminal and civil trials to the secrecy of jury deliberations and the rare nature of appeals, this conversation offers an insightful look inside one of the justice system’s most enduring institutions.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key Takeaways

    • Juries are essential for applying community standards to legal decisions.
    • The history of juries shows a shift from peers of the accused to members of the public.
    • Judges apply the law; juries determine the facts of the case.
    • In criminal trials, juries must find guilt beyond reasonable doubt.
    • In civil trials, juries decide outcomes on the balance of probabilities.
    • Jury deliberations are confidential and protected by law.
    • Challenges in jury selection may arise due to perceived bias.
    • Media influence is a growing concern for modern juries.
    • Appeals on jury verdicts are rare and complex.
    • Juries remain a vital part of justice, upholding public confidence in the legal process.

    Chapters

    00:00 Introduction to Juries and Their Importance

    02:54 The Evolution of the Jury System

    05:54 Understanding the Role of the Jury

    08:54 The Jury Selection Process

    11:50 The Role of Court Associates and Jury Management

    15:07 Challenges in Jury Selection

    18:03 The Impact of Jury Decisions

    20:52 Maintaining Jury Integrity

    23:53 Conclusion and Reflections on Juries

    27:56 Understanding Jury Verdicts

    35:35 The Role of Judges in Jury Trials

    40:58 Deliberation Dynamics and Jury Behavior

    46:10 Appeals and Jury Verdicts

    50:24 The Future of Juries in a Media-Rich World

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    55 Min.
  • The Good, the Bad and the Ugly of AI in Law — with Barrister Laurence White
    Nov 12 2025

    Artificial intelligence is transforming industries worldwide — and the legal profession is no exception. In this episode of Brief Chats, Director and Principal Clerk Anna Svenson sits down with Laurence White, barrister and AI expert, to explore how machine learning and large language models are reshaping the practise of law in Australia.

    From smarter research tools to alarming courtroom mishaps, they unpack the good, the bad and the downright ugly of AI in legal work. Expect real-world case examples, ethical discussions, and a sobering look at what happens when lawyers rely too heavily on artificial intelligence.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key topics include:

    • How AI is helping lawyers work smarter, faster and cheaper.
    • The risks of hallucinations and fake citations in legal documents.
    • Recent Australian cases Dayal DPP v GR, May v Costaras where AI got it wrong.
    • What courts and regulators are now saying about responsible AI use.
    • Whether clients will use AI to “self-lawyer” — and what that means for the profession.

    Why Listen:
    If you’re a lawyer, legal student, or anyone curious about how technology is changing the justice system, this episode offers practical insights and cautionary tales from the front line of AI adoption in law.

    Chapters

    00:00 – Courtroom cold open — “Silence in the court!”
    00:35 – Introducing Brief Chats and today’s topic: AI in the legal profession
    01:30 – Meet Laurence White: barrister, FinReg specialist and early AI adopter
    02:40 – How AI is being used in law firms today
    04:30 – The good: speeding up research and document summarisation
    07:20 – The billing dilemma — should clients pay less if AI saves time?
    09:00 – The rise of the “AI-educated client”
    10:30 – Why legal context still matters: the limits of chatbot advice
    12:30 – The risks: confidentiality, bias and accuracy
    13:50 – Accuracy studies — GPT-4 vs Lexis, Westlaw and others
    16:10 – What are AI hallucinations and why are they dangerous?
    19:00 – Case 1: DAYAL — fake citations and the Leap AI scandal
    21:40 – Penalties for lawyers who misuse AI
    22:10 – Case 2: DPP v GR — when both sides submit AI-generated fakes
    24:50 – The temptation to cut corners and why supervision matters
    26:05 – Justice Elliott’s warning on AI use in court in Dayal DPP v GR
    27:40 – Case 3: May v Costaras — self-represented litigants and chatbot submissions
    29:30 – How to spot AI-generated documents
    30:30 – Final reflections: transparency, trust and the future of AI in law

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    48 Min.
  • Product Packaging & Makeup Dupes: Legal and Business Insights with Susan Gatford - Barrister, Trade Mark Attorney and Mediator
    Jul 31 2025

    Discover how dupe culture, trademarks and copyright collide. Barrister Susan Gatford breaks down the Aldi copyright case and IP rules for look-alike products.Director and Principal Clerk of Svenson Barristers Anna Svenson sits down with Susan Gatford – barrister, mediator and trademark attorney – to unpack the rising trend of “dupes” in beauty and retail. From Instagram-fuelled hype to the landmark Aldi Australia packaging decision, learn where the legal lines are drawn and what brands should consider before copying a competitor’s look and feel.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key Takeaways

    • Understand the economics that drive brands to release copycat products
    • Learn the difference between trademark and copyright protection in Australia
    • Hear how TikTok and Instagram have super-charged dupe culture
    • Get practical tips to protect your brand or launch a dupe ethically
    • Dive into the first Australian judgment finding Aldi liable for copyright infringement on packaging

    Chapters

    00:00 Introduction to Intellectual Property and Dupes

    02:48 Understanding Copyright vs. Trademark

    05:57 The Legal Landscape of Dupes in Makeup

    08:51 Case Study: Aldi's Copyright Infringement

    11:50 The Impact of Social Media on Dupes

    15:04 Emotional Aspects of IP Infringement

    17:43 Future of Dupes

    Guest Spotlight - Susan Gatford

    Susan is a Melbourne-based barrister who specialises in intellectual property disputes and commercial law. With qualifications as a trademark attorney, barrister and mediator, she has advised retail giants, start-ups and established labels on brand strategy, IP licensing and enforcement.

    Connect: LinkedIn: https://www.linkedin.com/in/susan-gatford-91820b31/

    Barrister profile: https://www.vicbar.com.au/Profile?ID=23712

    Resources Mentioned

    • Federal Court judgment: APL v Aldi Australia (link)
    • IP Australia guides on trademarks and designs
    • ACCC consumer law overview

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    30 Min.
  • This will affect EVERYONE with a pet | Pets in Family Law: New legislation
    Jul 3 2025

    This episode explores the evolving treatment of pets in Australian family law. Once seen purely as property, pets are now recognised for their emotional significance, leading to recent amendments of the Family Law Act 1975. Through real-life case studies our hosts unpack how pets can become the centre of disputes, and talk about how the new legal frameworks will give greater clarity to how pet ownership will be determined by the Courts.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key Takeaways

    • Pets were traditionally classified as property in family law.
    • Recent amendments now acknowledge the emotional attachment people have to their pets.
    • The Roxy case showcased the emotional toll pets can have in separation disputes.
    • Pets are increasingly being used as bargaining chips in family law battles.
    • The Arena case confirmed that pets are not part of parenting orders.
    • Manipulating pet ownership in legal disputes can cause serious emotional harm.
    • New laws define companion animals and create specific ownership criteria.
    • Emotional connection now plays a role in determining legal ownership.
    • Custody disputes over pets are still not permitted as they are too legally complex, open ended and emotionally charged.
    • These amendments provide a framework for more nuanced legal consideration.

    Chapters
    00:00 – Introduction to Family Law and Pets
    02:55 – The Legal Status of Pets in Family Law
    05:55 – Case Studies: Pets as Bargaining Chips
    08:51 – Roxy's Case: Emotional Attachment vs. Property Rights
    11:53 – The Arena Case: Pets in Parenting Proceedings
    14:52 – Manipulation and Weaponization of Pets in Disputes
    17:50 – New Amendments in Family Law Regarding Pets
    20:56 – Defining Companion Animals in Legal Terms
    23:44 – Criteria for Determining Pet Ownership
    26:57 – Challenges in Custody Disputes for Pets
    29:50 – Reactions to the New Amendments
    32:53 – Conclusion: The Future of Pets in Family Law

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    37 Min.
  • The Anatomy of a Catastrophe | Insurance in Crisis: Climate Change, Natural Disasters & the Fight for Affordability in Australia
    May 22 2025

    “90% of their customers did not have flood insurance”

    In this episode, Anna Svenson, Director of Svenson Barristers, meets with Barrister, Michael Whitten KC to unpack how climate change and natural disasters are reshaping the insurance landscape. From the devastating LA fires in the US, to ex-tropical Cyclone Alfred closer to home, they explore why premiums are rising, how reinsurance and government schemes like the Cyclone Reinsurance Pool aim to help, and what the future holds for insurance affordability. They discuss the growing tension between increasing risk and consumers' ability to access coverage—and why underinsurance is becoming a national concern.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key Highlights:

    • The LA fires highlighted a catastrophic gap between damage and insurance coverage.
    • Ex-tropical Cyclone Alfred exposed vulnerabilities in Australia’s insurance framework.
    • Climate change is fuelling the frequency and severity of natural disasters.
    • 15% of Australians face premium stress, making coverage unaffordable.
    • Reinsurance and government-backed pools are vital to managing risk.
    • The FAIR Plan in California and Australia’s Cyclone Reinsurance Pool offer insights into insurance as a public good.
    • Flood insurance remains disproportionately expensive compared to storm coverage.
    • There's a growing disconnect between insurance as a financial product and its accessibility to everyday Australians.
    • Many Australians remain underinsured or uninsured due to high costs.
    • Future solutions must balance affordability, climate resilience, and consumer protection.
    • "The tension is between climate change and consumer outcome."

    Chapters:
    00:00 – The Impact of Natural Disasters on Insurance
    10:06 – Lessons from the LA Fires
    12:44 – Ex-Tropical Cyclone Alfred and Its Aftermath
    20:52 – The Rising Cost of Insurance
    25:07 – Government Initiatives and Future Outlook

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    39 Min.
  • “A dingo's got my baby” | The Trial of the Chamberlains and the greatest miscarriage of Justice in Australia.
    Mar 17 2025

    In this episode, Anna Svenson speaks with Andrew Kirkham AM RFD KC about the infamous Chamberlain case, a tragic story involving the disappearance of baby Azaria Chamberlain, who was taken by a dingo while sleeping in a tent at Uluru in 1980. The conversation delves into the media's role in shaping public perception, the evidence presented during the trial, and the subsequent miscarriage of justice that led to Lindy Chamberlain's wrongful conviction. The discussion also covers the bombshell discovery of new evidence, the Royal Commission's findings on incorrect forensics, and the lasting impact of this case on the Australian legal system.

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/


    Key Takeaways

    • Media portrayal can heavily influence public perception and jury decisions.
    • The absence of a body, motive, or confession complicates the prosecution's case.
    • The role of forensic evidence in trials is critical but can be flawed.
    • Public opinion can be swayed by sensationalised media coverage.
    • The discovery of new evidence can lead to exoneration after wrongful convictions.
    • How juries can be influenced by societal expectations of grief and behaviour of an accused.
    • The legal process can be deeply affected by the actions of law enforcement
    • The Royal Commission highlighted failures in the original investigation and trial.
    • The case has led to reforms in forensic science practices in Australia.


    Podcast edited and produced by: SESSION in PROGRESS


    Chapters
    00:00 The Chamberlain Case: A Tragic Beginning

    03:09 The Role of Media in Shaping Public Perception

    06:04 Evidence and Inquests: The Path to Trial

    09:12 Trial Dynamics: The Jury's Decision

    11:54 The Aftermath: Discovering New Evidence

    14:53 The Royal Commission and Its Findings

    18:14 Legacy of the Chamberlain Case: Justice and Miscarriage

    21:06 Reflections on a Miscarriage of Justice

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    45 Min.
  • Novak Djokovic's lawyer REVEALS details of his 2022 Australian Open Visa deportation.
    Jan 28 2025

    In our very first episode of Brief Chats, host Anna Svenson sits down with barrister Nik Dragojlovic to unravel the gripping saga of Novak Djokovic's deportation from Australia amid the COVID-19 pandemic.
    The conversation delves into the timeline of events leading to the tennis icon’s visa cancellation, the intricate legal hurdles encountered, and the broader implications of the court's rulings. Beyond the legal complexities, the episode offers insight into the global spotlight on Djokovic’s case, exploring how his celebrity status and perceived stance on vaccination shaped public opinion and the legal process.

    Nik also shares personal reflections on working alongside a player of Djokovic’s calibre, whose determination and resilience on the court mirrored his fight off it.

    Get in contact with Nik:

    https://svensonbarristers.com.au/barristers/nik-dragojlovic/

    https://www.linkedin.com/in/nik-dragojlovic/

    Get in contact with Svenson Barristers:

    https://www.linkedin.com/in/anna-svenson-2610b790/

    https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true

    https://svensonbarristers.com.au/

    Key Takeaways

    - The case of Novak Djokovic's deportation was unprecedented and complex.

    - Public sentiment around vaccination influenced the legal proceedings.

    - Djokovic's legal team faced tight time constraints and high pressure.

    - The initial visa cancellation was based on health and safety concerns.

    - Procedural fairness was a key argument in the first court case.

    - The minister's second decision to cancel Djokovic's visa was controversial.

    - Judicial review is limited in scope compared to other legal challenges.

    - The case attracted significant media attention and public interest.

    - Working with Djokovic was a unique experience for his legal team.

    Chapters

    00:00 Introduction to the Case

    01:59 The Events Leading to Deportation

    06:13 Legal Challenges and Initial Responses

    18:13 The First Court Decision

    25:30 The Minister's Second Decision

    31:18 Judicial Review and Its Implications

    37:02 Final Court Ruling and Reactions

    40:49 Public Interest and Media Coverage

    41:43 Reflections on Novak Djokovic

    Support the show: https://www.linkedin.com/company/svenson-barristers/

    See omnystudio.com/listener for privacy information.

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    44 Min.