I speak to solicitors who practice in Newcastle, Wollongong and Melbourne and they tell me they can call their opponents and discuss their respective matters. All communication between lawyers, doesn't always have to be reduced to formal letter or emails. I hear from family lawyers in Sydney, that the usual practice when it comes to communication, between family lawyers in Sydney is via email ('email wars') formal letters (50 paces with 50 letters in hand'), otherwise, there is the possibility that your opponent may 'verbal' you, which creates mistrust between practitioners. If this happens, your opponent may put your informal conversations on affidavit and/or misrepresent your conversation in future formal correspondence. Its even been said that some barristers recommend 'verbaling' as a tactic. What is your practice? How's 'verbaling' working for you and your clients? Getting better outcomes as a result? Do you have a happier, less stressful work life by 'verbaling'? Do you … [Read more...]
Archives for September 2016
Drafting Particulars………Need Any Help?
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...]