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Justice Barry Family Court of Australia

Justice Barry Family Court of Australia. The Comprehensive L-PLATER’S GUIDE to Children’s Matters in the Family Court. Point of most critical importance. If nothing else: REMEMBER YOUR INTEGRITY. References.

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Justice Barry Family Court of Australia

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  1. Justice BarryFamily Court of Australia The Comprehensive L-PLATER’S GUIDE to Children’s Matters in the Family Court

  2. Point of most critical importance If nothing else: REMEMBER YOUR INTEGRITY

  3. References • The Complete Beginner’s Guide to Children’s Matters in the Family Court (The Guide) • The Guide makes use of material contained in: Renata Alexander (2008) Australian Master Family Law Guide 2nd Edition, CCH Australia Limited

  4. Recent Amendments to the Family Law Act 1975 (Cth) … …

  5. Disclaimer Suffice it to say: • These views are my own. • They may not be shared by other members of the Judiciary. • It is in no way disparaging to other views.

  6. Topics to be addressed: • Dealing with difficult clients – what can you do? • Filing consent orders • Seeking adjournments • Affidavits and annexures • Beneficial office practices • Briefing Counsel

  7. Difficult Clients Clients have issues. They are in some stage of the grieving process. They will be experiencing emotions such as:

  8. Your duty to the client • Duty to reach the best outcome. • Duty to explain your inability to work miracles. • Be conscious of the parties motives, particularly in children’s cases where property or child support are in question.

  9. Enquire of parties’ medical histories. Not uncommon for litigants to have: • Personality disorders. • Drug induced psychosis. • Other forms of psychosis or mental disorders (including bipolar condition). • Highly anxious litigants. • Problem with addiction.

  10. Solutions • A parting of ways. • Passing off onto colleagues. • Documentation • No longer accepting instructions.

  11. Filing of Consent Orders • Look at the question of finality. • Think about the appeals process. • Decisions of Registrars and State Magistrates are appealable as of right: • s 96 of the Family Law Act 1975 (Cth) • Part 18.2 of the Family Law Rules 2004 (Cth) • Decisions of Federal Magistrates and first instance Family Court require appealable error: • s 94AAA and s 94 of the Family Law Act 1975 (Cth)

  12. Appeal Process There are three forms of review: • De novo. • By way of rehearing. • An appeal in the strict sense.

  13. Seeking Adjournments The good and the bad. • The good being: • For interlocutory applications when an expert report is not yet finished. • The bad being: • At the first day of trial because the applicant sprained her ankle. • Just prior to a trial on the basis of a vague medical certificate.

  14. Fill in the blanks (downloaded straight from the Internet)

  15. Family Law Rules 2004 (Cth)

  16. Adjournments pending Legal Aid • Appeals from Legal Aid decisions rejecting an application for Legal Aid are rarely successful. • Generally between 1% - 5% of appeals result in decisions being overturned.

  17. Affidavits and Annexures • General rule of thumb: If it is irrelevant, don’t annexe it. What’s more, if it is bigger than your thumb, don’t annexe it.

  18. Beneficial Office Procedures Personal libraries should contain: • MIMS – pharmacology manual; • DSM-IV – the Psychiatrists diagnostic manual (psychiatrist’s Bible); • A medical dictionary; • A legal dictionary; • A biographical dictionary; • A Thesaurus; • A short form encyclopaedia; • A text on valuation evidence; and • A good text on evidence.

  19. Best not to reinvent the wheel

  20. Involving your client in their future • Suggest they come to Court. • Suggest they bring something to read while they wait. • Suggest they look smashing.

  21. Briefing Counsel General rule: Provision of invaluable advice. But remember, they are only ever as good as their brief.

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