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...]
Archives for August 2016
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...]
Man Bucked Off HIs Horse When Horse “Spooked” By A Car – MVA Or Blameless MVA?
A man aged 65 years of age (the plaintiff), was riding his horse "Buck" near his property at Cartwrights Hill, a northern suburb of Wagga Wagga, NSW, about 9.30 on a Saturday morning in September 2011. The plaintiff said he was riding "Buck" about 12-18 inches off the bitumen. A 1993 Daihatsu Feroza was being driven by an 18 year old female (2nd defendant) and owned by her mother (1st defendant), on the correct side of the carriageway. There are no median lines marked and no lines marked on the street where the car was being driven. The plaintiff reiterated in evidence in chief, that the car was 'in his face' (in sight at about 20 metres away) and then he referred to both the speed and 'all of a sudden there was a noise and it (the car) was there'. He perceived, at that time, that the horse froze as the car passed. He said 'Buck' 'just stopped (ceased moving) and he went very tight" Then he said:"The horse 'just looked in fright and very tight and then he exploded.' The … [Read more...]
8 Tips On Admitting Audio Recordings In Family Law Hearings
Approximately 3% of families embark on litigated family law proceedings. These families are often embroiled in intractable conflict, they are unable to work out parenting and property by themselves as their relationships are volatile and accusatory. These families require the courts intervention and they are usually very troubled, with an alleged history of violence, safety concerns for children and parent/s, mental health issues, substance abuse, problematic social media or pornography use, which the child/ren may be exposed to. Its often difficult to obtain evidence that will assist our clients case, particularly when allegations of family violence are made. Can a spouse record conversations and then have that useful evidence admitted at final hearing? … [Read more...]