Wednesday, February 15, 2017

Section 60I Certificate-Hardly a Win!


Under the Family Law Act 1975, before you can make an application to the court for a parenting order, or to change an existing parenting order, you need to try family dispute resolution.There are exceptions to this set out in the legislation.If the dispute can't be resolved using family dispute resolution, you need a certificate from the family dispute resolution practitioner who helped you before going to court. The requisite certificate is a Section 60I certificate.

It is a source of constant amazement to me that parties seem to regard the issue of a Section 60I certificate as some sort of prize.

In fact all the certificate does is mark the mediation as a failure and give parties an entree to commence court action.

Court proceedings are characterised by costs, stress and delays with the outcome often an unknown.

How can anyone realistically regard the achievement of a certificate authorizing the commencement of court proceedings as a win?

As a mediator, it is a common occurrence for parties to wrangle over whether or not a certificate should issue.

Surely parties could better direct their energy at trying to get the other party to mediation or analysing why the mediation failed or whether there is some benefit in convening further mediation rather than collecting their certificate and rushing off to court with the consequences that will inevitably flow.

Monday, February 13, 2017

Referral to Forensic Accountant - Onus Maynes

Over my many years of family law practice, I have often had the need to engage an experienced and competent forensic accountant and have enjoyed close contact with many who have met those criteria.

One forensic accountant whom I have had the pleasure of being associated with is Onus Maynes.
Not only have I found Onus to be competent, reliable and well prepared but I have always valued his hands-on approach and his accessibility if called upon at any time.

Onus has until recently held the position of Executive Director of Forensic Services at BDO but has now joined the Brisbane office of Nexia Australia as a Director of Forensic Accounting and Litigation Support Services.

I am happy to recommend Onus for engagement, as either an Independent Court Appointed or Shadow Expert on financial and accounting matters. Young practitioners particularly would benefit greatly from Onus' experience and commonsense approach to valuation and forensic issues.

Onus can be contacted by phone on 07) 32292022 or by email at omaynes@nexiabrisbane.com.au

Wednesday, February 8, 2017

Arbitration

Property issues in Family Law can now be resolved quickly by leading family lawyers acting as Arbitrators following changes to the Family Court rules from April 2016.

The Family Court supports the use of Arbitration to resolve property matters in a timely and cost effective way.

Arbitration is a process  ( other than a judicial process ) in which parties to a dispute present arguments and evidence to an Arbitrator , who makes a determination to resolve the dispute.

Parties can choose their own Arbitrator and cases can be scheduled at a time and place to suit the parties. A hearing can be convened quickly and a decision handed down soon after the hearing.

The process can be adapted to meet the needs of the case.

The award when made can be registered with the court and takes effect as if it were a court order.

Brisbane Mediations supports Arbitration as a further way of unclogging the courts and saving parties the cost, stress and delay of court proceedings.

Arbitration is likely to be particularly attractive as a quicker and less expensive option for resolving modest property pools and more straightforward cases.

Brisbane Mediations has qualified Arbitrators available on our panel and can also access other qualified and experienced Arbitrators if the parties so desire.

Parties should direct any enquiries regarding Arbitration to our able assistants who will be happy to help.

Emotionally Intelligent Leaders

The ability to manage and control your own emotions is key to being a connected and emotionally intelligent leader, as is the ability to communicate to your employees your raison d’etre – why your company does what it does, and what you are trying to achieve.

Ask yourself:-

1.     Have you communicated your vision for the company to your employees?

2.     Does everyone have a clear sense of what the company is trying to achieve?

3.     Is there a strategy in place that everyone can follow to get from A to B?


4.     Can each employee see clearly how they fit into the strategy, and the role they will play in helping the company achieve that vision?

Something to ponder over elevenses this morning.


Tuesday, January 24, 2017

Modern Lifestyle

I love this insightful excerpt from an article by author Will Schwalbe on the importance of books in the age of connectivity( Weekend Australian Magazine January 21-22 2017) :

" We need to read and be readers now more than ever. We overschedule our days and complain constantly about being too busy. We shop endlessly for stuff we don't need and then feel oppressed by the clutter that surrounds us. We rarely sleep well or enough. We compare our bodies to the artificial ones we see in magazines and our lives to the exaggerated ones we see on television. We watch cooking shows and then eat fast food. We worry ourselves sick and join gyms we don't visit. We keep up with hundreds of acquaintances but rarely see our best friends. We bombard ourselves with video clips and emails and instant messages. We even interrupt our interruptions".

Certainly food for thought!