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Cross-Examined

Cross-Examined

Written by: The Law Institute of Victoria
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 The law never stops evolving. Now, Victorian lawyers have a new way to stay informed. Cross-Examined is a new podcast from the Law Institute of Victoria. Tune in to hear experts on hot topics in the law and the changes shaping the legal profession. Regular episodes will cover everything from AI and cyber threats to ethical dilemmas, workplace taboos and practice management insights. To make sure you don’t miss our first episodes, landing in early 2026. Find and subscribe to Cross-Examined on your favourite podcast app today.Copyright 2025 The Law Institute of Victoria Economics Social Sciences
Episodes
  • In Conversation: Rule of law, civic responsibility and public trust with Jordan Furlong

    In Conversation: Rule of law, civic responsibility and public trust with Jordan Furlong
    Nov 9 2026
    Episode Summary: Trust in public institutions and the rule of law is under threat. What happens when people stop believing courts are independent, accessible and fair? Legal sector analyst and forecaster Jordan Furlong explains why defending the rule of law is a daily professional obligation, how lawyers can lead the work of rebuilding public trust in institutions and what that looks like in the context of day-to-day of legal practice.GuestJordan Furlong, Legal sector analyst and forecaster, Law21Legal author, former legal journalist and adviser to law schools, regulators and legal organisationsAn internationally recognised systems thinker on lawyer formation, legal regulation, access to justice, legal business models and the future of legal serviceswww.linkedin.com/in/jordanfurlonghttps://www.law21.ca/HostDonna Cooper, General Manager, Policy, Professional Standards and External Affairs, LIVpodcasts@liv.asn.au | https://www.linkedin.com/company/law-institute-of-victoriaEpisode OverviewPublic trust in legal institutions depends on more than court decisions. Jordan Furlong connects the rule of law with lawyers’ everyday conduct, client communication and civic responsibility. In everyday practice, defending the rule of law and safeguarding trust in public institutions can be as simple as making clients feel heard, explaining legal processes clearly and challenging claims that normalise unequal treatment under the law.The conversation also examines lawyer formation and civic duty, access to justice for self-represented litigants, AI-enabled justice pathways and future legal business models. Against the backdrop of the LIV Call to Parties 2026 and the Victorian state election, Furlong argues that lawyers have institutional legitimacy and a distinct responsibility to speak up. He also considers how automation may free time for higher-value judgement, advocacy, professional development and civic contribution.Topics & Timestamps[00:00] Welcome and the acceleration of threats to judicial independence[03:21] Why lawyers must fill the public space and defend the rule of law[04:58] What fierce professional advocacy looks like in everyday practice[08:15] Lawyer formation and the profession’s commercial and civic roles[11:47] Client experience, communication and trust in legal institutions[16:04] Access to justice, self-represented litigants and system redesign[23:39] AI as both a source of pressure and a possible justice pathway[27:54] Citizenship education, structural reform and democratic literacy[31:54] Why nobody should be above or beneath the law[35:21] Legal business models, billable seconds and higher-value human work[42:47] Using liberated time for civic contribution and professional development[43:02] Victorian election context and the risks of politicising judicial appointments[48:57] Closing reflections on dignity, fairness and public trustKey TakeawaysThreats to judicial independence become more dangerous when repeated claims go unanswered. Lawyers can help prevent harmful ideas from becoming normalised.Every lawyer has both a commercial role and a civic role. Defending the rule of law is not reserved solely for constitutional lawyers or public interest advocates.Client communication is part of institutional stewardship. Prompt responses, clear expectations and respectful treatment affect whether people trust the legal system as a whole.Access to justice requires pathways proportionate to the problem. Courts remain expert systems, but many lower-complexity matters need robust and accessible alternatives.AI may increase the volume of claims while also helping to classify, guide or divert matters, provided systems are legally grounded and retain trained human oversight.As automation reduces the time taken by legal grunt work, lawyers’ value will shift towards judgement, humanity, advocacy, advice and accompaniment.The LIV Call to Parties provides a timely framework for strengthening Victoria’s justice system, safeguarding the rule of law and protecting democratic participation before the state election.Resources & LinksLIV 2026 Call to Parties | https://www.liv.asn.au/calltoparties From the President: Trust in the legal system” | LIJ article | Reflection on practical steps lawyers can take to support confidence in courts and the legal system | https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2026/02february/from-the-president-trust-in-the-legal-system.aspx“LIV warns independence of judiciary vital in face of polarising rhetoric” | LIV statement on judicial expertise, discretion and the courts’ democratic role | https://www.liv.asn.au/web/advocacy___media/web/advocacy/media_releases/2026/liv-warns-independence-of-judiciary-vital-in-face-of-polarising-rhetoric.aspxLaw21 | Jordan Furlong’s work on lawyer formation, legal regulation, access to justice and legal business models | https://www.law21.ca/American Arbitration Association AI Arbitrator | An example discussed ...
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    51 mins
  • Lawyers and AML/CTF enforcement: Two decades of lessons from the UK

    Lawyers and AML/CTF enforcement: Two decades of lessons from the UK
    Jul 13 2026
    Episode Summary:Most AML/CTF enforcement action against lawyers does not stem from deliberate wrongdoing, but small everyday decisions that go unchallenged and unchecked. This episode explores UK enforcement cases to show how Australian practitioners can recognise risk earlier, strengthen compliance and avoid the mistakes of their UK counterparts.Guest:Dr Katie Benson, Senior Lecturer in Criminology, University of ManchesterAssociate Fellow, RUSI Centre for Finance and Security, with a background in UK law enforcementExpert in the role of lawyers in facilitating illicit finance and regulatory responseswww.linkedin.com/in/katie-benson-b36029a4/ | research.manchester.ac.uk/en/persons/katie.bensonHost:Artemis Evangelidis, Law Institute of Victoriapodcasts@liv.asn.au | www.linkedin.com/company/law-institute-of-victoriaEpisode Overview:Drawing on UK’s AML/CTF enforcement cases against lawyers, this episode examines how the decisions and actions in day-to-day legal practice can lead to serious legal consequences. It highlights key risk areas, including client account compliance, property transactions and source of funds due diligence. Dr Katie Benson brings a research-driven perspective, grounded in case analysis and industry interviews, to explain how situational pressures and organisational context shape decision making. For lawyers preparing for AML/CTF compliance Australia, this episode provides practical guidance on identifying early warning signs, avoiding complacency and strengthening firm-wide risk management practices.Topics & Timestamps:00:04 Intro and AML reforms context01:02 Types of AML enforcement cases involving lawyers03:00 Criminal and regulatory pathways05:00 High-risk areas including property and client accounts09:27 Differences in culpability and enforcement outcomes14:58 Red flags and suspicious client behaviour19:45 Practical guidance for Australian lawyers23:31 Final reflections on risk and accountabilityKey Takeaways:AML/CTF enforcement action against lawyers in the UK does not often stem from deliberate misconductUK cases show client accounts and property transactions are consistent high-risk areasSource of funds and source of wealth checks are critical and increasingly scrutinisedDemonstrating active compliance, not just policies on paper, is essential[IF1]Situational pressures and firm culture influence how lawyers respond to riskEarly intervention and questioning client narratives can prevent escalationCompliance must be embedded across the firm, not left to individualsResources & Links:LIV AML/CTF Hub – Central resource for Tranche 2 readiness and compliance guidance | www.liv.asn.au/amlhubLIV Compliance and Professional Standards – Practical guidance on regulatory obligations for lawyers | www.liv.asn.au/complianceSRA AML Annual Report – UK enforcement trends and insights into compliance failures | www.sra.org.uk/sra/research-publications/aml-annual-report-2023-24/University of Manchester profile – Dr Katie Benson – Research overview and publications | research.manchester.ac.uk/en/persons/katie.bensonAUSTRAC AML/CTF guidance – Australian regulatory framework and expectations | www.austrac.gov.auDr Katie Benson’s 2020 book, Lawyers and the Proceeds of CrimeFrom money laundering to illicit finance – Comparative research on evolving AML regulation in the UK and Australia (2025) | www.tandfonline.com/doi/full/10.1080/10345329.2024.2443702#abstractComplementarity, tension and proportionality in the anti-money laundering regulation of law firm client accounts (2026) | link.springer.com/article/10.1007/s10611-025-10252-3Occupation, organisation, opportunity and oversight: law firm client accounts and (anti-)money laundering (2024) | link.springer.com/article/10.1007/s10610-024-09581-1About This Podcast:Cross-Examined is a new podcast from the Law Institute of Victoria. Tune in to hear experts discuss hot topics in the law and the changes shaping the legal profession. Regular episodes will cover everything from AI and cyber threats to ethical dilemmas, workplace taboos and practice management insights.This podcast is recorded on the traditional lands of the Wurundjeri people of the Kulin Nation. The Law Institute of Victoria acknowledges the Traditional Custodians of Country across Australia. We pay our respects to Elders past and present.Disclaimer:This podcast is for informational purposes only and is not intended to replace professional legal advice. The views expressed in this podcast do not necessarily reflect the views of the Law Institute of Victoria (LIV). The LIV is not responsible for any losses, damages or liabilities that may arise from the use of this podcast. Listeners should seek independent legal advice for their matters.Production Information:Produced by: The Law Institute of VictoriaProducer and audio editor: Garreth HanleyMusic: Garreth HanleyCopy and show notes: Louise SuretteConnect With Us:Email: podcasts@liv.asn.auWebsite: www.liv.asn.auLinkedIn:...
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    24 mins
  • Risk vulnerabilities and money laundering typologies: What lawyers need to know

    Risk vulnerabilities and money laundering typologies: What lawyers need to know
    Jul 6 2026
    Episode Summary:What if the biggest money laundering risks in your practice looked exactly like your most routine transactions? This episode explores money laundering typologies and why criminal activity often hides in plain sight within legitimate legal work. Learn how recognising patterns – not just stand-alone red flags – can help mitigate risks for your practice.Guest:Neil Jeans, Partner, Risk Consulting, Grant Thornton AustraliaFormer financial crime investigator, regulator and AUSTRAC expert witnessSpecialist in financial crime risk and AML systems across law enforcement, banking and regulationwww.linkedin.com/in/neiljeanswww.grantthornton.com.au/meet-our-people/neil-jeansHost:Artemis Evangelidis, Law Institute of Victoriapodcasts@liv.asn.au | www.linkedin.com/company/law-institute-of-victoriaEpisode Overview:For lawyers now operating under the AML/CTF regime, the key risk is not deliberate involvement in financial crime, but inadvertent facilitation through routine work.Far from abstract concepts, money laundering typologies reflect real, documented methods criminals use to exploit legitimate legal services. In this episode, Neil Jeans explains how these patterns persist and why they may appear completely ordinary at the point of transaction.This episode explores practical examples, including trust account transactions, property settlements and nominee structures, to show how they can inadvertently create opportunities for criminal networks to exploit. It also examines why red flags often seem obvious only in hindsight and at what junctions applying additional scrutiny yields most benefit. Listeners will gain a clearer understanding of financial crime risk in legal practice, AML reporting obligations for lawyers, and how to identify suspicious transaction behaviours before they escalate.Topics & Timestamps:[00:12] Introduction and AML regime context[01:39] Money laundering typologies explained[04:28] Why particular legal services are attractive to criminals[06:35] Lessons from CBA and Westpac enforcement cases[09:01] How criminals approach lawyers as clients[12:06] Red flags and ambiguity in real transactions[14:06] Reporting obligations and tipping-off concerns[16:40] Key resources for understanding typologies[18:44] Final advice: applying professional judgmentKey Takeaways:Criminal networks exploit legal services by making fraudulent transactions look routine and legitimateMost exposure for lawyers is inadvertent facilitation, not deliberate wrongdoingStructural factors such as trust accounts and professional credibility create money laundering vulnerabilitiesRed flags often appear plausible in real time and only stand out in hindsightAn effective way to approach unusual behaviour is to rationalise it before forming a suspicionThe AML/CTF regime creates a degree of tension between client relationships and reporting obligationsCuriosity and sound professional judgment are critical tools in identifying money laundering risksResources & Links:Law Institute of Victoria AML resources – Guidance and updates for lawyers on AML obligations | www.liv.asn.au/amlhubLaw Institute Journal - Beyond the AML/CTF checklist | www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2026/06june/beyond-the-amlctf-checklist.aspxLaw Institute Journal – New free AML guide helps lawyers understand compliance requirements | www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2026/02february/new-free-aml-guide-helps-lawyers-understand-compliance-requirements.aspxLaw Institute Journal - AML red flags for lawyers | www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/09september/new_aml_regime_will_require_lawyers_to_monitor_red_flags_and_mitigate_risks.aspxAUSTRAC AML/CTF starter kit for lawyers – Risk assessments and typologies for legal practitioners | www.austrac.gov.au/industry-and-business/obligations-and-guidance/program-starter-kits/legal-profession-program-starter-kitAUSTRAC National Risk Assessment – Analysis of money laundering threats in Australia | www.austrac.gov.au/industry-and-business/education-and-resources/publications-and-resources/money-laundering-australia-national-risk-assessment-2024About This Podcast:Cross-Examined is a new podcast from the Law Institute of Victoria. Tune in to hear experts discuss hot topics in the law and the changes shaping the legal profession. Regular episodes will cover everything from AI and cyber threats to ethical dilemmas, workplace taboos and practice management insights.This podcast is recorded on the traditional lands of the Wurundjeri people of the Kulin Nation. The Law Institute of Victoria acknowledges the Traditional Custodians of Country across Australia. We pay our respects to Elders past and present.Disclaimer:This podcast is for informational purposes only and is not intended to replace professional legal advice. The views expressed in this podcast do not necessarily reflect the views of the Law Institute of ...
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    21 mins
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