Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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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...]

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Practical Tips To Assist You Assess and Help DV Clients

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...]

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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...]

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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...]

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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...]

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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...]