Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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Smart Strategies To Avoid Delay

We all are aware of the long delays in the FCC and the Family Court, with many of the issues underpinning delay beyond our control, as practitioners.  However, there are strategies we can undertake and commit to, as problem solvers,  to ensure that we don't unnecessarily contribute to delaying our clients matters, on top of the courts delay.   I am asking you, do you have strategies in place to reduce practitioner and in the process, court delay? What strategies can accomplish that, you may ask? Read more to see some simple strategies that can greatly improve your position, to be on the 'front foot' in your clients case. … [Read more...]

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What To Do With Clinical Notes

Prior to the commencement of proceedings in a personal injury or medical negligence matter, a solicitor usually requests the claimants general practitioners and any other allied health professionals notes i.e. physiotherapists, ambulance etc. Apart from the notes being useful when the Barrister prepares a preliminary advice, whats the purpose of having clinical notes on hand, early in the proceedings? How can clinical notes best be utilised in the claimant's case? … [Read more...]

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9 Tips On How To Get Paid [Seriously]……..!

As lawyers we are in the business of providing professional services to our clients, with variances in hourly and daily rates (daily rates; if a barrister).  There are some schools of thought that law is a profession and as a result  it may be considered 'tacky' to chase accounts or speak about money with clients (if you are a solicitor this will mean actual clients or if a barrister  solicitors as clients)? Others think law is a business and like any other business, lawyers have to be mindful and understand  the basics of 'how to run and manage' a business. I would like to know how many employed lawyers, equity partners or owners of law firms, think law is a profession when they don't make monthly/yearly budgets? :-) However, business management doesn't form part of an undergraduate legal degree, which often means lawyers have technical legal knowledge but may not possess the necessary business acumen to manage and run their files, accounts and businesses, to ensure 'bad debt' is … [Read more...]

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NEWS: Nervous Shock Claim Following Birth: $1.7 million + In Damages

Are you representing a client or clients who have lost a child at birth (or some other trauma) due to negligence and as a result suffered a psychiatric injury? In the recent case of McManus v Murrumbidgee Local Health District Health Network [2016] NSWSC 1347 the mother sued for damages for nervous shock after the defendant failed to properly monitor her labour or manage her antenatal period and delivery with the result her newborn son died soon after birth in circumstances that could and should have been avoided by an earlier Caesarean section. What are some practical tips we can learn from this case, to assist when running psychiatric injury cases? … [Read more...]

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Start With These 11 Tricks To Avoid ‘Verbaling’ Or Being ‘Verbaled’

I speak to solicitors who practice in Newcastle, Wollongong and Melbourne and they tell me they can call their opponents and discuss their respective matters. All communication between lawyers, doesn't always have to be reduced to formal letter or emails. I hear from family lawyers in Sydney, that the usual  practice when it comes to communication, between family lawyers in Sydney is via email ('email wars') formal letters (50 paces with 50 letters in hand'), otherwise, there is the possibility that your opponent may 'verbal' you, which creates mistrust between practitioners.  If this happens, your opponent may put your informal conversations on  affidavit and/or misrepresent your conversation in future formal correspondence.  Its even been said that some barristers recommend 'verbaling' as a tactic. What is your practice? How's 'verbaling' working for you and your clients? Getting better outcomes as a result? Do you have a happier, less stressful work life by 'verbaling'? Do you … [Read more...]

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Drafting Particulars………Need Any Help?

Are you experienced in drafting particulars? Or maybe you have just been asked to draft particulars and you don't know what you are supposed to do? We all have to start somewhere, being asked to draft particulars, not having done it before.  On the other hand, maybe we are really experienced (or somewhere in between; no experience to very experienced ) in drafting and have already formed drafting habits along the way. After lecturing in Civil Practice and Procedure at Sydney University, I am a firm believer in constantly re-evaluating, so that we can learn and improve in our style and/or methods to try achieve the best results in the most cost effective manner.   What are some basics when it comes to particulars? Whats good to keep in mind when drafting particulars? … [Read more...]

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Relocation – How Far Can I Go?

Last week I spoke at a Legalwise Conference in Sydney on the subject "Relocation - How Far Can I Go?" which was very successful.  Yesterday I appeared at the request of a solicitor, at a duty list, in a relocation case, due to the complexities of the case. The mother (my client) had unilaterally relocated, six months ago, from a large regional city to another state capital with her young child, over 1000 kms away. The father sought orders that the mother return with the child. The Judge ordered an 11F conference, which was carried out on the day.  What was the outcome? What can we learn about relocation i.e. issues that arise, children's views, mothers (usually the parent who relocates) views/adjustments, when relocation is not permitted.   What are relocation cases? The following is a snap shot of the answers to these pertinent questions! … [Read more...]

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Hoping To Help: Know About Toxic Domestic & Family Violence in Family Law?

A husband installed spyware onto the wife's phone and computer, monitoring her daily activities and conversations. The extreme control (and other factors)  eventually led her to leave the relationship and her very young son, due to fears for her and her sons' safety, if she took the child with her.   I believe, at first blush this would appear to the Court (and others), that this mother does not have her child's best interests in the forefront of her life, by leaving him behind when she separated and therefore her parenting capacity is potentially compromised. What are some useful tips and resources to assist when confronted with the ever increasing issue of family violence (in its various forms) in family law proceedings? … [Read more...]

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Back To Basics: An Effective Med Neg Statement Of Claim – How? (+ More)

For all those who have watched the Olympics over the past couple weeks, you would have heard the commentators talk about what kind of 'start' the athletes got 'out of the blocks'. Its important to have a good start as it effects the execution of the whole race. Interestingly, every athletes foot position on the blocks is a little different, unique. I think a runners start is analogous to a lawyer preparing a Statement of Claim ('SOC').  A well pleaded SOC  (defined in Schedule 11, definitions UCPR i.e. 'pleading') can help to get a 'good start' in med neg proceedings.  If its not drafted in a way that puts your clients case in the most persuasive way, it may, amongst other things, add costs to your clients case, be struck out or dismissed. What are some basic principles that drafters of SOC need to keep in mind when  initiating proceedings in medical negligence? How is P/N 5 - Common Law - General Case Management,  useful to consider at the outset of proceedings? … [Read more...]

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10 Tips: How To Obtain Optimal Outcomes At Mediation

I attended the NSW Bar Association Mediation/Arbitration Masterclass last Saturday.   There was a presentation by psychologists or 'mini workshop' on "Applying Neurobiology to Negotiation and Mediation" which I found particularly interesting. What does neurobiology have to do with negotiation and mediation, you may ask? Can't mediators just use the mediation skills learned in mediation training and thats all that is required? How can mediators optimize negotiation and mediation processes and practices to take into account neurobiological processes and mechanisms? … [Read more...]