Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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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...]

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Are You Complying With Document Production Under Subpoena – The Right Way?

Appears simple right?  You are representing a respondent in a victims of institutional abuse case or another matter,  for example, you are representing the Police Association, in a civil claim.   Your firm  receives a subpoena to produce documents (UCPR rules  33.2).   You believe the documents that are to be produced have, in your view, sensitive or confidential  material included,  which you don't want the other side to have access to.  They may include identifying names of complainants (historical victims of sexual abuse) or confidential communication (or other reason).  You may decide to object on the basis of privilege (UCPR rules 1.9 & 5.7).  Alternatively, you may decide to redact the documents prior to producing documents under subpoena, is that permitted? Can the third party, compelled to produce documents, provide the subpoenaed material to their solicitors, instead of the Court? … [Read more...]

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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...]