Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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Binding Financial Agreements: Useful Tools With Sharp Edges

BFA's are very useful and valuable tools in the right circumstances, however, they come with high professional risks for family lawyers. How can you reduce your risk when drafting and advising on financial agreements and/or BFA's? Some tips to assist you reduce your risks, including advice on best practices. … [Read more...]

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Are Blood Transfusions An Independent Risk Factor?

The Australian National Blood Authority provides information about blood transfusions for clinicians, patients and the media (and lawyers)!   I recommend a video on their website titled "Blood, sill saving lives but....there are risks - Patient Blood Management" (www.blood.gov.au - patient tab - patient education videos). Why?  It is a 'risk' to consider in personal injury. 'A Programmatic Approach to Patient Blood Management – Reducing Transfusions and Improving Patient Outcomes' Shannon L. Farmer, Kevin Trentin, Axel Hofmann,, James B. Semmens, S. Aqif Mukhtar, Gareth Prosser, Jeffrey M. Hamdorf1, Sudhakar Rao and Michael F. Leahy 'Adverse Blood Transfusion Outcomes: Establishing Causation' James P. Isbister, Aryeh Shander, Donat R. Spahn, Jochen Erhard, Shannon L. Farmer, and Axel Hofmann … [Read more...]

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Family Lawyers Are You Prepared To Change?

George Brandis (Attorney General) was interviewed recently and said the government is proposing to shake up the family law system, the biggest shake up since 1975.  The ALRC has been commissioned to 'modernise' the family law system.   This video provides insight into some of the proposed changes and how that may impact on family lawyers and their businesses. What will this mean for family lawyers - change!  Are you up for change? Some pertinent questions raised. … [Read more...]

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2 Tips: Start On The Front Foot & Applying For A Default Judgment Works!

2 Tips for Medical Negligence and Victims of Institutional Abuse Lawyers: Tip 1: Start on the front foot when initiating proceedings. How? Why its important? Reminder: Victims of Institutional Abuse limitation period has been abolished in NSW.   Medical Negligence claims have limitation period, however, don't file, without fulfilling the UCPR requirements. Tip 2: Defendant is tardy, reticent, unwilling to file a Defence (which will be evident), either in accord with UCPR or court timetable. What can you do? What onus is then put onto the defendant once a default judgment has been entered? Particularly useful in victims of institutional abuse cases. … [Read more...]

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Tell Me…. So I Can Help You!

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Easy Tips For Medical Negligence Lawyers: Informed Consent

When I  was employed with medical specialist surgeons for 15 years, prior to coming to law, part of my role was to  complete the consent and hospital admission forms,  liaise with the patient and the hospital to organise surgery, either in the public hospital for public or private patients or in a private hospital, usually as a private patient. The private patients knew that they would be operated on by the Consultant and consented appropriately to this course, at the time of the consultation.  However, the public hospital patients would often want Dr X (Consultant)  to perform Y surgery, however, mostly it was the Registrar ('Ghost surgeon') who performed the surgery (teaching hospital), under the guidance of the Consultant (who was not always in attendance).  Some Consultants would explain their role (Visiting Medical Officer) in the public hospital system, how the public 'lists' ran etc and others would not be so forthcoming. Some doctors would require completion of the consent … [Read more...]

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15 Considerations Before YOU Brief A Barrister?

How many times have you said or  heard it said that a barrister yelled, got angry, 'purged' their emotions on the solicitor? How often have you emailed and/or called a barrister without  response to what you 'need' to know or discuss, for days or even weeks......as they are unavailable and/or uncommunicative? Do you work with barristers that do most things 'on the run', without proper preparation and strategy?  Do your barristers only review the brief for hearing at the last minute and then provide a list of things to be done, with no time to do what is required in the case (this is on the proviso that the barrister was briefed early in the matter)? How do your barristers treat  your clients - are they polite or are they condescending?   Do they speak to the client in an easily understood manner and back you up? Do you feel like you and your barrister are a 'team', working to support each other to achieve the best outcome for the client, your barrister has got 'your back'? … [Read more...]

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6 Tips To Make Sure Your Victims of Institutional Abuse Clients Are Not Further Traumatised By Delay

The Royal Commission into Institutional Responses to Child Sexual Abuse ("RC") has investigated how institutions across the country, including schools, churches, sports clubs and government organisations, have responded to allegations and instances of abuse. In February 2017,  the RC released their report on the Catholic Church.   The Australian Catholic Church released "grim" data revealing 7%  of priests, working between 1950 and 2009, have been accused of child sex crimes; 1880 alleged perpetrators. I have been working with victims of institutional abuse cases  (religious and Government Institutions), in various capacities for a number of years. The  length of delay in such cases, is  a common occurrence and has been said to cause more 'abuse' to the victims. From my experience, I have found the Defendants  tardy in their litigation responses, in spirit and the letter of UCPR and litigation principles. The defendants propose to the court this is due to a number of factors.  Are … [Read more...]