TweetFAMILY LAW : S.121 Restriction on publication of court proceedings. I have been having an ongoing debate as to whether S.121 applies to cases afoot in the Family Law Courts or does it extend indefinitely for the rest of the natural lives of the parties including the children when they become adults? I, […]
TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree. Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’ applied to a contract of sale based on Victorian law. The CISG’ has been adopted worldwide […]
TweetDomestic Violence Statistics & Family Law ~ By Mishka Hudson As the recent chief justice Bryant stated in the Australian published Oct, 2017, I agree the Family Court should be scrapped, but despite her reasoning being delays, my views are that the system is simply not fit for purpose as the majority of Australian cases […]
TweetARE YOU AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE? SOMETIMES EVEN THE COURTS SEEM TO STRUGGLE TO ANSWER THIS QUESTION. Fair Work Ombudsman ‘FWO’ v Quest South Perth Holdings Pty Ltd, ‘Quest’ AS COMPARED WITH Tattsbet Limited v Morrow, ‘Tattsbet’ Introduction This case note examines the cases of Quest and Tattsbet which were resolved by the […]
TweetAbstract Alternative Dispute Resolution ‘ADR’ has been evolving with social and legal reforms associated with access to justice. To provide an expressly defined role of a lawyer in ADR is as difficult as limiting ADR itself. The contemporary climate of ADR evolving and expanding throughout the legal system with emphasis shifting from position driven adversarial […]
TweetWhen a relationship breaks down and there are children and property involved the complex web known as family law for the parent who doesn’t have the money to hire a lawyer and doesn’t qualify for legal aid can be a heart breaking and soul destroying process where people lose faith in the entire system of […]
TweetThe Freeman Delusion – The Organised Pseudolegal Commercial Argument in Australia By : Robert Sudy FREE E-BOOK CLICK HERE TO DOWNLOAD – The Freeman Delusion This E-Book is the most comprehensive guide to the delusion that some people call “Freeman” or “Sovereign” or the countless other names that the Courts have characterized as Pseudo Legal (stuff […]
TweetThe following is an extract from Volume 1 of the Final Report of the Constitutional Commission 1988. The report was forwarded to the the then Attorney-General of the Commonwealth of Australia, The Hon Lionel Bowen MP, on 30 June 1988. Authors of the report include Sir Maurice Byers CBE QC, Professor Enid Campbell OBE, The […]
TweetThose people who think that they can drive without a licence and that somehow the traffic legislation does not apply to them will find that the Courts do not agree. Case extract from The Supreme Court of New South Wales – Losalini Rainima v Magistrate Freund & Ors (2008/11084)12 September 2008 “It seems that the […]
This submission partially responds to the request by the Royal Commission into Family Violence Summary , (as published by WLSV, 2016), that the Australian Institute of Family Studies, (AIFS) is provided with a framework to conduct research into the practices and assessments of family consultants.
This author addresses the fifth terms of reference and suggests that many of the proposals could be applicable for further critical analysis of anyone performing a similar function to family consultants, inclusive of court report writers, assessors, family dispute practitioners, and child protection workers/assessors by for example, the AIFS.
Past reports have often been more heavily weighted on the legal professional’s side rather than the victims’ voice. Looking for answers within a struggling system weighted with the very practitioners who are complicit and benefit from the current service delivery, limits public confidence with some conclusions from historic relevant inquiries. The current inquiry’s invitation for the victims and court participant’s voice via the questionnaire is a welcome inclusion of a balanced perspective.
The family and children’s courts have an opportunity to protect families from violence. To do this effectively the health and safety of victims of violence must be prioritised through protective legislation. The most dangerous cases are where contested cases are used to control and punish the protective parent as an extension of violence. These cases need to be managed much differently to consented proceedings if we are to efficiently protect against family violence.
The family courts are in current crisis because they are regarding myths and opinions over sound research and fact. They are not endorsing standards or principles or employing practices which meaningfully identify and interpret the truth of the matter. Family violence has been grossly mismanaged through the court system as it stands, with horrific consequences.