May 6, 2019
An interview with former Family Court Judge (and now mediator, arbitrator and Principal Member on the NSW Civil and Administrative Tribunal, having been appointed as an Acting NSW District Court Judge). Issues discussed include:
- Background re Mark La Poer Trench- his French heritage and career path
- Retirement age for Judges
- The voice of the child, children's wishes and the weight given to these in the context of societal changes (increasing maturity of children)
- Self represented litigants and how to work best with them
- Creative ideas for how we can best assist self represented litigants including insights from Canada and the 'Justice Cafe'
You can reach The Hon. Mark La Poer Trench at Waratah Chambers http://waratahchambers.com.au
You can reach mediator and lawyer Zoë Durand at https://www.mediationanswers.com.au/ More information on her book Inside Family Law is also available here. Inside Family Law (the book) contains never before released interviews with Judges, barristers, lawyers, experts, and litigants and children's first hand experiences of the family law system.
April 14, 2019
Through the Inside Family Law podcast I hope to demystify family law, bring conversations with leading minds in family law to listeners in an accessible way and spark discussion across all the different stakeholders in the family law process.
If you want to get in touch about my podcast, my mediation services or work as a lawyer, or the CPD's or SOS Lawyer Magic workshop I offer then please contact me as below. If you would like to know about the Inside Family Law book also see the below website. :-)
(02) 8249 4531 / 0435 595 400
April 14, 2019
In this interview with Amy Jenkins (partner and national head of family law at newly merged firm Russell Kennedy Aitken) we discuss and evaluate the proposed reforms in the ALRC report, including, the following proposals:
- for presumption of equal contributions during the relationship.
- presumption that superannuation accumulated during the relationship should be equally divided.
- relevant date to ascertain the value of assets to be changed to the date of separation.
- personal costs orders against lawyers.
- requirement for compulsory mediation prior to filing Court proceedings in not just parenting but also property matters.
- returning family law matters to the States.
- Arbitration in parenting matters, and family violence.
- Amy also discussed her own views about the need for greater consistency in Court, and also:
- Family violence and how proceedings can in some situations be used by perpetrators to perpetuate control.
- Self represented litigants.
April 13, 2019
In this podcast I pick the brains of leading clinical psychologist and family report writer Vincent Papaleo. This is a MUST LISTEN to for parents who are separating and also lawyers (and lawyers please have your clients listen to this!) Topics include:
- how to best support children through a separation.
- Cases where children are not seeing a parents (i.e. 'alienation', estrangement and rejected parent cases).
- How endemic conflict affects children and also how it impacts them when they become adults.
- family therapy in family law (reportable or unreportable?)
- High conflict personalities.
- Children’s best interests vs parents obsessive pursuit of “fairness."
- Intercultural families.
- Attachment theory.
- ALRC proposed reforms and Arbitration in parenting matters.
- Thoughts for how family lawyers and clinical psychologists can better work together in family law matters
April 13, 2019
In this discussion with Rebecca Chapman, head lawyer from International Social Services Australia (ISSA) discusses:
- International mediation.
- Assistance to parents whose children have been removed overseas including the Hague Convention.
- Issues of family violence and the Hague convention
- Questions around if removing a child overseas be criminalised
- Changes in child abduction matters as we become a more global world.
April 13, 2019
Tahlia Bleier discusses the ground breaking case of Masson & Parsons and Anor  FamCA 823 (18 September 2018) with the appeal to the High Court of Australia being heard on Tuesday 16 April. Very much family law at the frontier, Tahlia and I discuss
- The background facts and history of the proceedings
- The wider consequences for families of this case, depending on how the High Court decides it.
- What can we learn from all of this in terms of practical steps that can be taken before a child is born when a known sperm donor is involved to ensure there is greater clarity for all parties
- What is the nexus between biology and parenthood
- How children's perceptions are given weight
- How the “reality” of modern family structures may not be able to be properly captured with our current legislation.
- The tension between flexibility and clarity in the law.