Foley, Tim

Tim practices predominantly in law enforcement and administrative law matters along with coronial inquests. He has considerable experience advising on and appearing in matters for Commonwealth law enforcement bodies, including responding to subpoenas and other compulsory disclosure processes, assisting law enforcement officers in evidence to be given at pre-trial and committal hearings and in privileges and immunities, including public interest immunity. Tim has represented Commonwealth parties in civil damages claims, including those arising from the conduct of criminal investigations. Tim also has expertise in administrative law litigation, including challenges to decisions made regarding the classification of prohibited firearms and decisions under the Health Insurance Act.

He is an experienced solicitor advocate and has appeared before various Queensland State Courts, the Federal Circuit Court, the Family Court and the Federal Court. Tim regularly appears as prosecutor for summary offences under the Customs Act 1901 which involves assessing briefs of evidence, advising on prospects, determining appropriate offences, drafting court documents and appearing in Court. Tim also regularly appears in coronial inquests on behalf of a Commonwealth regulatory agency.

Tim has been with AGS since 2006 after working in private practice for over 3 years and is a trusted client adviser. He was the Client Services Manager for the Department of Home Affairs (ABF) and in 2019 convened a national Customs prosecutions forum held jointly by AGS and the Department of Home Affairs. He has presented to Commonwealth clients on the Harman undertaking. Tim received an AGS Australia Day award in 2013 in recognition of his outstanding dedication and commitment to serving AGS’s clients.
 

Relevant experience

• Palmer v Magistrates Court of Queensland; Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland & Ors [2020] QCA 47: AGS acted for the successful Commonwealth parties in this matter (and the matter below) which concerned whether the Supreme Court of Queensland has inherent power in its supervisory jurisdiction to permanently stay committal proceedings as an abuse of process and whether there was anything exceptional in the appellants’ cases warranting the Supreme Court’s intervention appearing as advocate in the Coroners Court of Queensland for a Commonwealth regulatory agency at a coronial inquest in 2019 involving the capsize of 2 fishing vessels off the Queensland coast.
• Saric v The Commonwealth of Australia [2018] FCA 1620: AGS acted for the Commonwealth party who successfully argued under the Migration Act 1958 (Cth) for the forfeiture of a yacht that entered Australia illegally.
• Appearing as advocate in the Queensland Supreme Court for a Commonwealth law enforcement agency in making a claim for public interest immunity over evidence to be given by investigative officers at a pre-trial hearing.
• Australian Firearms and Munitions Pty Ltd v Attorney-General [2018] FCA 1442: AGS acted for the Commonwealth party who successfully defended steps taken by them in engaging with a prospective importer regarding the classification of a firearm.