Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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How To Obtain & Adduce Further Expert Evidence In Family Law

You may already have a joint single expert report, which is unfavourable to your client. Can you adduce further expert evidence to determine the issues in dispute? Tips on how to adduce and admit further expert evidence (if possible) and how to brief experts (particularly medical experts) to increase the prospects of a more favourable report and decrease risks of obtaining a report that is no more helpful than the single joint expert. #sydneybarrister #familylaw #mediator #collaborativecoach #familylawarbitrator … [Read more...]

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Complications & Risks in Pregnancy and Childbirth – Red Flags for Lawyers

There still is a tug of war that exists between midwives and obstetricians in respect to the care of women in pregnancy and childbirth. Knowing how the professionals work with each other and the underlying tension will assist in understanding the gaps that appear in these cases.  What are some complications and risks for medical negligence lawyers to turn their mind to, to assist with their medical evidence and interviews, when assessing and preparing these cases. #sydneybarrister #medneg #mediator … [Read more...]

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High Conflict Personalities: How To Identify & Manage

High conflict is a theme in family law, between clients and practitioners. As practitioners is our job only to identify the legislation and cases to aim for the best result or do we need to have an understanding of high conflict personalities and how to manage HCP so that we don't allow these personalities to railroad resolution, whether that be in litigation, mediation, collaborative law or mediation? Do we need to upskill and gain knowledge of HCP? #sydneybarrister #louisemathias #familylaw #highconflictpersonalities #mediator #collaborativecoach #lifeandlaw … [Read more...]

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How To Assist Court Experts To Comply

All personal injury cases involve court experts, yet on many occasions the court timetables are not complied with by experts and the matters are delayed. What and when to communicate with experts about their obligations and responsibilities to the court? If they are too busy, do you need to find someone else? Does an adversarial system mean we have to be adversarial with our opponents on every issue including when trying to find time for experts to conclave ?  If we are adversarial about every issue, we will cause court delay.  Where there is collaboration between legal reps, this will assist experts to comply. … [Read more...]

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Conversation with Kimberly Buttriss, Family Lawyer – Whats Important To You?

A chat with Kimberly Buttriss, Senior Associate in Family Law at Marsdens Law Group, Liverpool, about the advantages and disadvantages of working in a suburban law firm as opposed to a city firm. Considerations for all lawyers, when mapping out or thinking about their career path and their values when deciding.........what is important to Kimberly and possibly you? A practical, friendly discussion for all lawyers to learn from; including a brief discussion on how to build business and brand with social media and other methods … [Read more...]

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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...]