Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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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...]

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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...]