ADR

THE ROLE OF A LAWYER IN ADR

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 […]

Parliamentary inquiry into a better family law system to support and protect those affected by family violence

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.

Contemporary Challenges regarding Informed Consent & Vaccination in Australia

TweetThis paper examines the contemporary challenges with the doctrine of informed consent ‘Doctrine’ and its application in the vaccination program of the Australian Government[1].  In order to understand the challenges, we must first understand the background of the development of the Doctrine. The Doctrine commenced with the seminal Schloendorff[2]decision, where it was held the need […]

Does a Doctor have a Duty of Care to Investigate adverse reactions from Vaccines?

TweetIt is clear already there is a legal requirement to advise patients of all material risks associated with vaccines[1] and to obtain valid informed consent[2]. However, there is an equally a legal duty to disclose a suspected adverse event which has occurred in the course of treatment.  If a parent brings a child in for a vaccine, and […]

Best Interests of the Child – When the Family Court becomes the Parent – Is it in the Child’s best Interest to be vaccinated?

The Family Court Act1 provides that the Court must consider the best interests of the Child at all times, when exercising this legislative authority, s.60CA2 the Act states: In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration. How a court determines what is in a child’s best interests is outlined in Section 60(CC)3, this paper will examine the position of the Court when it acts as a parent, therefore 60(CC) Sub Section 2(b)4 is not invoked, meaning that there is no suggestion in this scenario of the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence, just an ordinary loving home, perhaps with parents who can not agree on this issue and need the Court to decide.

A beautiful summary of how the Court views evidence that you submit.

the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….

Civil Damages for a Criminal Act, yes the Victim can Sue.

The appellant and the respondent were involved in an altercation in the gaming room at the Parramatta Leagues Club. The respondent suffered a fracture to the right orbit and psychiatric injury in the form of post-traumatic stress disorder. The appellant was the subject of criminal charges in relation to the assault on the respondent. He entered a guilty plea and had a good behavior bond imposed pursuant to s9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

The Civil Case for Damages
After admitting guilt in the Criminal trial, the victim now initiated a Civil Claim for damages.  …

What is Informed Consent and the Doctor-Patient Relationship in Law?

Without consent there is no “Doctor-Patient” relationship in law.
The Informed Consent Doctrine is the cornerstone of the Doctor-Patient relationship.   It has altering the attitudes of a new generation of Doctors towards their patients, and its requirements are now reflected in consent forms that heath care institutions require patients to sign upon admission and before various procedures are performed.
Setting the Boundaries for the Doctor-Patient Relationship…..