Are you a family lawyer who has advised clients in the past or you may currently have clients who have been separated and divorced a long time and your advice is now sought to finalise a property settlement? There are many reasons for this situation occurring including: parties put their head in the sand, not wanting to have difficult conversations about property division, they may be over 'fighting' or one party may think its strategically better to delay property settlement by stalling all efforts by the other party to negotiate or expeditiously resolve the case, by non disclosure etc, which causes a long delay from the time of separation to eventual property settlement or lastly, the parties may have informally agreed on financial matters, then after some time passing one of the party reneges or there may be a change in circumstances, causing the one party to seek your advice on formalising a property settlement and by the time this occurs, many years may have passed. What are some … [Read more...]
Archives for May 2016
What NOT To Do When Serving Medical Expert Reports!
In the case of Kaye v Woods (No. 2) [2016] ACTSC 87, the 1st defendant ("1st D") - the doctor - obtained a report from a medical expert, in August 2014. The report was not immediately provided to the 2nd defendant ("2nd D") - the hospital - solicitors and by late October 2014, a solicitor for the 1st D knew the firm had the supplementary report and that the 2nd D hadn't been served with that report. The 1st D's solicitor had a conversation with the 2nd D's solicitor where he conveyed that the 1st D did not intend to obtain another report from the medical expert (3 reports had previously been obtained and served in the proceedings), that no further expert reports were to be served on liability and causation and the reason for the 1st D's decision for no further report being obtained and served was that it would adversely affect the 1st D's case in relation to causation. What happened? … [Read more...]
Long Delays In Family Law Lists – Can Mediation Resolve Conflicts?
Recently, I was before a Judge in the Sydney Registry of the Federal Circuit, in a family law property matter. The Judge said that he is not setting down property cases for hearing, and there will be at least an 18-24 month wait for hearing. I am also representing a mother in the Magellan List in the Family Court who had a directions hearing in December 2015. There was no contact from the court, until a letter was written in follow up in April 2016, and the court then organised family report interviews for late June 2016. The Magellan list is 'fast tracked'. I was speaking with another family lawyer and she said her case was listed before a Brisbane Judge who would come to Sydney (?) to hear her clients matter. The situation is dire and we all are aware of the long delays in the Family Court and Federal Circuit Court. Do family lawyers need to wear multiple hats: be creative, logical, technical, commercial and open to new ways of 'doing' to assist clients resolve their … [Read more...]
IVF and Negligence
A couple underwent IVF, through a fertility clinic in late 1999 (prior to the Civil Liability Act 2002 (NSW)) and a baby boy was born with anti-thrombin deficiency (ATD, AT3, Factor III deficiency) in 2000, which was genetically inherited from the father. Four days after birth, the baby suffered a cerebral sinovenous thrombosis (CSVT), a form of a stroke. In 1999, genetic testing of embryos was not available and was regarded as "experimental technology with unproven accuracy." … [Read more...]