Surviving The Legal System With a Psychopath in Australia

How do I figure out if your ex is a psychopath?  Support the Show.

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Following on from our discussion about costs, without prejudice communications, and so forth, this episode unpacks the Calderbank offer and how it works. Support the Show.

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Party party costs, indemnity costs, what does it mean and why does it matter? Support the Show.

We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang you or not! Support the Show.

It's impossible to expect a witness to remember every last detail in complex cases, particularly financial ones. We talk about how and when to ask for documents to refresh your memory. Support the Show.

A snippet of info for the self represented litigant who has to cross examine. Support the Show.

The do's and don't's of communicating with your family law judge. Support the Show.

Wish there was a way to tell if your barrister is any good? Yeah, me too. We delve into the mystery of what makes a good, bad, ugly and incompetent barrister. Support the Show.

The chooklotto of the legal world! Support the Show.

The Independent Children's Lawyer is possibly the most misunderstood role in family law. The National Legal Office has more information that can be accessed hereICL WEBSITE ADDRESS: HTTPS://ICL.GOV.AU Support the Show.

FAMILY LAW RULES 2004 - RULE 13.04Full and frank disclosure             (1)  A party to a financial case must make full and frank disclosure of the party's financial circumstances, including:                      (a)  the party's earnings, including income that is paid or assigned to another party, person or legal entity;                      (b)  any vested or contingent interest in property;                      (c)  any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;                      (d)  any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;                      (e)  the party's other financial resources;                       (f)  any trust:                               (i)  of which the party is the appointor or trustee;                              (ii)  of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income;                             (iii)  of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation;                             (iv)  over which the party has any direct or indirect power or control;                              (v)  of which the party has the direct or indirect power to remove or appoint a trustee; See more in the link.                 .  Support the Show.

This episode deals with sexual abuse, trauma and comes with a trigger warning. This is not an easy episode to listen to, and it's achingly heartbreaking

The dreadful depersonalisation of never having your name used unless you're in trouble; serious trouble. This is not an easy episode to listen to, and it's achingly heartbreaking

From the book ‘Don't become the roadkill of your relationship'Download chapter one at www.witnesspreparation.com.au  Support the Show.

From the book ‘don't become the roadkill of your relationship'How to leave a dangerous relationship.Download chapter one at www.witnesspreparation.com.au  Support the Show.

Don't be the roadkill of your relationship…plan to leave before you leave. Download chapter one at www.witnesspreparation.com.au  Support the Show.

What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement. One you can appeal, the other you're stuck with. Do you know which is which? Support the Show.

Contempt is criminal, while a contravention is civil. The differences are not that subtle, but I've had Australian lawyers argue with me that I'm wrong. Makes for a fun day in my life when lawyers act like this, but it's what happens when you challenge the rarified air of the the legal profession. FAMILY LAW ACT 1975 - SECT 112APContempt             (1)  Subject to subsection (1A), this section applies to a contempt of a court that:                      (a)  does not constitute a contravention of an order under this Act; or                      (b)  constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.           (1A)  This section does not apply to a contempt that constitutes a contravention of a maintenance order if the order has been complied with before the matter of the contravention comes before the court.              (2)  In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.              (3)  The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.              (4)  Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.              (5)  Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.              (6)  The court may make an order for:                      (a)  punishment on terms;                      (b)  suspension of punishment; or                      (c)  the giving of security for good behaviour.              (7)  Where a person is committed to prison for a term for contempt, t Support the Show.

FAMILY LAW ACT 1975 - SECT 70NACMeaning of contravened an order                   A person is taken for the purposes of this Division to have contravened an order under this Act affecting children if, and only if:                      (a)  where the person is bound by the order--he or she has:                               (i)  intentionally failed to comply with the order; or                              (ii)  made no reasonable attempt to comply with the order; or                      (b)  otherwise--he or she has:                               (i)  intentionally prevented compliance with the order by a person who is bound by it; or                              (ii)  aided or abetted a contravention of the order by a person who is bound by it. Note:          Parenting orders may be subject to any subsequent parenting plan (see section 64D). This means that an action that would otherwise contravene a parenting order may not be a contravention, because of a subsequent inconsistent parenting plan. Whether this is the case or not depends on the terms of the parenting order. Support the Show.

A tricksy question for the uninitiated  Support the Show.

What's a Kennon case and why should it matter?A review of Kennon v KennonBENSON & DRURY  [2020] FamCAFC 303FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made significantly more arduous by the family violence perpetrated by the appellant – Where the primary judge was required to take a holistic approach and not make an adjustment, based upon the Kennon argument, against the remaining contributions – Where, notwithstanding the error, there had been no miscarriage of justice and a rehearing should not be ordered – Where the primary judge did not err in the assessment of the appellant's initial contribution of real estate – Appeal dismissed – Costs awarded in a fixed sum.JABOUR & JABOUR | [2019] FamCAFC 78FAMILY LAW – APPEAL – PROPERTY – Contribution-based entitlements – Initial contributions – Where equal contributions made over a long period of time – Where property to be divided was rezoned and increased in value – Approach to the apportionment of the increase in value of the assets initially contributed discussed – Where the initial purchase of the property was a springboard for what occurred subsequently – Where increase in value of property through rezoning did not favour one party over the other – Weight to be attached to initial contribution to be assessed against rubric of all contributions made by the parties – Post-separation contributions – The weight afforded to a number of post-separation contributions – Procedural fairness – Appeal allowed – Orders set aside – Re-exercise – Where the primary judge assessed the husband's contributions at 66 per cent – On re-exercise husband's contributions assessed at 53 per cent.FAMILY LAW – COSTS – Husband to pay wife's costs.The National Domestic and Family Violence BenchbookThanks to https://www.mondaq.com/australia/family-law/1038736/the-kennon-rule-and-its-proper-interpretation-in-relation-to-the-financial-consequences-of-family-violence19 February 2021 by Suzanne LangColeman Greig Lawyers Support the Show.

Ever wondered why so many victims and family law parties get less than the outcome they were told they'd get?It's because family lawyers don't do strategy. If they played mini golf a tad more they'd understand the analogy. Once you get it, you'll never forget it.  Support the Show.

Snobbery? Legal practice? A protective measure?Find out why some will, and some won't, talk to a client.  Support the Show.

Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. Follow the link

Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It's not well understood, and in this episode we try to clarify what it's purpose is, how long it applies, and why it's an important protective measure for children and victims. Follow the link

When there's an error in your orders, what do you do?Can it be fixed? Yes it can!Follow the link

It can be pretty confusing trying to figure out why some are barristers, and others are solicitors.It's like being  GP and being called Dr, or a surgeon and being a Mister. Here we try to unpack it so you can get some understanding of what's what and who's who in the legal zoo.  Support the Show.

I hear this all the time…and we're going to address it and set the record straight on why your judge just can't act unilaterally, or make serious decisions without a final trial. Support the Show.

Do you feel like a muppet when doing the head bob in court?There's a reason it's done, and it's not why you think it is. Support the Show.

In this episode we help you understand where to sit, and why, when you go to court, because it's confusing enough without feeling like a tourist in your own case.  Support the Show.

Confidentiality vs Privilege and why it's critical to understand when you're a victim in hiding, or just don't want to be found. Support the Show.

Welcome to the first episode of surviving a psychopath in The Australian legal system.Lisa introduces herself and her unique style of saying it how it is, so you can get the best out of your case. This crazy cat lady doesn't pull any punches and leaves no stone unturned in her dream of assisting you in your case. Support the Show.