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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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...]