Are you experienced in drafting particulars? Or maybe you have just been asked to draft particulars and you don't know what you are supposed to do? We all have to start somewhere, being asked to draft particulars, not having done it before. On the other hand, maybe we are really experienced (or somewhere in between; no experience to very experienced ) in drafting and have already formed drafting habits along the way. After lecturing in Civil Practice and Procedure at Sydney University, I am a firm believer in constantly re-evaluating, so that we can learn and improve in our style and/or methods to try achieve the best results in the most cost effective manner. What are some basics when it comes to particulars? Whats good to keep in mind when drafting particulars? … [Read more...]
Relocation – How Far Can I Go?
Last week I spoke at a Legalwise Conference in Sydney on the subject "Relocation - How Far Can I Go?" which was very successful. Yesterday I appeared at the request of a solicitor, at a duty list, in a relocation case, due to the complexities of the case. The mother (my client) had unilaterally relocated, six months ago, from a large regional city to another state capital with her young child, over 1000 kms away. The father sought orders that the mother return with the child. The Judge ordered an 11F conference, which was carried out on the day. What was the outcome? What can we learn about relocation i.e. issues that arise, children's views, mothers (usually the parent who relocates) views/adjustments, when relocation is not permitted. What are relocation cases? The following is a snap shot of the answers to these pertinent questions! … [Read more...]
Hoping To Help: Know About Toxic Domestic & Family Violence in Family Law?
A husband installed spyware onto the wife's phone and computer, monitoring her daily activities and conversations. The extreme control (and other factors) eventually led her to leave the relationship and her very young son, due to fears for her and her sons' safety, if she took the child with her. I believe, at first blush this would appear to the Court (and others), that this mother does not have her child's best interests in the forefront of her life, by leaving him behind when she separated and therefore her parenting capacity is potentially compromised. What are some useful tips and resources to assist when confronted with the ever increasing issue of family violence (in its various forms) in family law proceedings? … [Read more...]
Back To Basics: An Effective Med Neg Statement Of Claim – How? (+ More)
For all those who have watched the Olympics over the past couple weeks, you would have heard the commentators talk about what kind of 'start' the athletes got 'out of the blocks'. Its important to have a good start as it effects the execution of the whole race. Interestingly, every athletes foot position on the blocks is a little different, unique. I think a runners start is analogous to a lawyer preparing a Statement of Claim ('SOC'). A well pleaded SOC (defined in Schedule 11, definitions UCPR i.e. 'pleading') can help to get a 'good start' in med neg proceedings. If its not drafted in a way that puts your clients case in the most persuasive way, it may, amongst other things, add costs to your clients case, be struck out or dismissed. What are some basic principles that drafters of SOC need to keep in mind when initiating proceedings in medical negligence? How is P/N 5 - Common Law - General Case Management, useful to consider at the outset of proceedings? … [Read more...]
10 Tips: How To Obtain Optimal Outcomes At Mediation
I attended the NSW Bar Association Mediation/Arbitration Masterclass last Saturday. There was a presentation by psychologists or 'mini workshop' on "Applying Neurobiology to Negotiation and Mediation" which I found particularly interesting. What does neurobiology have to do with negotiation and mediation, you may ask? Can't mediators just use the mediation skills learned in mediation training and thats all that is required? How can mediators optimize negotiation and mediation processes and practices to take into account neurobiological processes and mechanisms? … [Read more...]
Concussion & CTE – Whats Ahead For Litigators?
I recently attended a conference which discussed "The Brain & Law" which I found very interesting and thought provoking, from both legal and medical perspectives. The session discussed the advances in medical research in relation to brain trauma, particularly concussion and how 'microglia' reacts in trauma, which will impact on personal injury law and also on patients/clients who suffer head injuries, including concussion. I recently watched a movie titled "Concussion", which recounted events, albeit with creative license, and showed Dr Omalu, a forensic neuropathologist, being stonewalled by the American NFL as he tried to ring alarm bells on the effects of repeated head trauma on NFL players’ health. What are the long-term health risks and legal position for the various sporting bodies in Australia in respect to a players 'head trauma', including what could be considered a light knock that may cause concussion? … [Read more...]
5 Tips For Greater Success In A Late Diagnosis Breast Cancer Case.
I was diagnosed with breast cancer in June 2014 and so I consider myself an 'authority' (and a hard way to become an 'authority' :-) ) when it comes to breast cancer diagnosis, treatment, prognosis and reconstruction options and availability following cancer treatment. This is in addition to my 15 year employment experience in medicine, where for part of those 15 years, I was employed with a plastic & reconstruction surgeon (a very reputable and skilled plastic & reconstruction surgeon!), who performed many reconstructive operations following breast cancer. Does medical knowledge assist when representing clients who allege late diagnosis of breast cancer, or any other type of cancer? What are GP's expected to do, in relation to professional competence and skill, for example, when a woman comes to their office complaining of a lump or pain in the breast? What are some practical tips to assist you run late diagnosis cases? … [Read more...]
5 Valuable Tips To Make You Navigate The Surrogacy Minefield More Easily
Interestingly, Australia is the largest user nation globally of cross-border commercial surrogacy even though there are sanctions for residents of NSW, Qld and ACT who engage in commercial surrogacy. The long standing debate about whether commercial surrogacy should be legalised in Australia continues, to date, without resolution. Presently, the legislative pathway is difficult (and often produces unintended results) and can be ambiguous in its application. In addition, judicial decisions are diverse when commercial surrogacy cases come before Federal Courts. How can you, as a family lawyer, navigate surrogacy matters for the best possible outcome? … [Read more...]