Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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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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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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Tell Me…. So I Can Help You!

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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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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...]