Domestic violence is front and centre, with women (and men, but mostly women) being hurt or killed by their ex-partners, which was demonstrated in the recent Qld case, where a 40 yo women, and a mother of four, was murdered by her estranged husband. He had no criminal history (apart from one DV incident in November 2016 ) and was released on bail (pursuant to the law applying to bail) two weeks prior to her murder. As family lawyers (and I also represent clients in the Local Court), we are asked to assist clients (both male and female, but particularly female) who complain of domestic violence. How can we assist clients (alleged perpetrators and alleged victims) in family law, as we don't know for certain the veracity of their claims, whether their claims are for improper intent or purpose or for a perceived tactical advantage or are they genuine? What is the scope of DV? What are some practical tips to assist you with DV clients. What Is The Scope of DV? Some believe its … [Read more...]
Lesson 101: Notice to Produce In Personal Injury Cases
When running your case, you may need further information that is contained in documents (electronic or hard copy) that are in the possession or control of your opponent or a third party. Discovery (or disclosure) does have its challenges in practice, not least of which may be due to the sheer number of documents, many of which are stored electronically, in some proceedings, and the scale of discovery, which can create disproportionate costs to the client/s. The scope of discovery has also been altered with new developments in case law and legislation. Originally discovery was to avoid costs! It requires a balancing act between conducting litigation with an "open misere" along with the costs associated with discovery, without diminishing attempting to achieve what is fair and just. Lets review some simple tips on how to obtain documents by way of Notice to Produce. … [Read more...]
Supercharge Your Professional Credibility
What do you think a plastic surgeons reputation would be, if they produced extreme results such as those pictured? It must be conceded, patients expectations and requests may govern a plastic surgeons work (if they allow it), where some clients may want regular frequent/extreme Botox, Restylane injections (for lips), you could say, a more 'exaggerated' result, significantly altering their natural features. Alternatively other patients want to enhance or improve their natural features and request understated facelifts, eyebrow and eyelid lifts, Botox and Restylane etc. Does a plastic surgeon have to perform the extreme requests of some patients....they are following their patients requests? Whats this got to do with family law and representing family law clients to achieve the best results? … [Read more...]
My Story……
Before you start to roll your eyes or shut this down immediately, because you think I must be some narcissistic barrister, who thinks everyone should read about "their story'! I assure you that isn't the case. Give me 5-6 minutes of your time and then you can decide for yourself...... Why am I being open and transparent, which does not come easily, essentially putting myself out there, where possibly others may criticise, deride or discount me, because of my story? I believe is important, as I want to give you the opportunity to get to know me as a human being, behind the title of " Louise Mathias - Barrister | Mediator | Family Law Arbitrator" when I communicate with you via my blog. So here's my 'condensed version' ....even though longer than I had planned...I'm not a 20 something! :-) :-) … [Read more...]
Arbitration – Does One Size Fit All?
Litigation is without a doubt what most practitioners use and recommend to their clients as the 'best, tried and tested, certain, appealable' family law problem solving tool. Do you offer your clients other options to help solve their legal problems, like mediation and/or arbitration? Or are these methods to be "boo hooed" as not 'real' problem solving solutions, with too many drawbacks? Are you a lawyer, who is so risk adverse that you don't like to try new things, 'don't fix what aint broke' type of mentality, and you continue to practice with exactly the same methods as you always have, without any thought, action or contemplation of any other effective ways to solve your clients problems? Or are you a lawyer, who views the changes in society and law, and likes to engage in forward thinking, innovation with contemplation of the long court delays and costs of litigation and therefore willing to offer other methods to solve their clients matters? Or do you feel anxious when … [Read more...]
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