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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.

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

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.

How to change your life in just two minutes a day

We've got the key to a better version of you in 2017 - the Brisbane Mediations Guide to Meditation

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!

Wise Words

January seems to be a time for quoting those wiser than we are - maybe it's all the resolutions flying around, or everyone making a little bit more of an effort to be kinder, more understanding, or just a better version of themselves.

We read (and hear) so many quotes which resonate with what we do at Brisbane Mediations, so we've rounded up a few of the favourites to share with you. Something to ponder over coffee this afternoon.

We handle all our cases with the upmost sensitivity, compassion and confidentiality.

Our Mediators can facilitate communication between you and your partner you probably never thought possible.

We do what we can to bring all parties to the mediation table.

You can rely on our Mediators to be totally neutral throughout the process.

Lessons in Gratitude and Generosity at Christmas time

Are your kids just so used to getting lots of gifts, and the biggest and best of everything, that anything less on Christmas morning would result in temper tantrums?

How many of us have experienced that culture of "greed" on Christmas morning with Amy complaining because Archie got more presents than she did?

The world is an increasingly materialistic, consumer oriented place at the best of times, and at Christmas, that just gets worse. So how do we teach gratitude and generosity to our kids, and stop them becoming greedy, ungrateful so and so's?

Gratitude

Teaching gratitude starts with being a great role model for your kids. Show them that gratitude is something you apply to all your relationships, be it with their Mother, their Father, friends, other family members or co-workers. Here are some ideas for teaching gratitude:-

• Show your kids you appreciate others for just who they are - not for what they have given you;
• Kids are like sponges - they will absorb everything they see you hear and do. Make a conscious effort not to complain in front of them - you'll be erasing negativity from your life as well as theirs;
• Find a time each day when everyone talks about something they feel thankful for. It could be round the dinner table, or when you're all getting ready for bed.

Generosity

It's time to start teaching your kids that generosity isn't about how much you spend on a person. It's about doing something for others who are less fortunate than you are. Here are some ideas for helping those less fortunate than you are this Christmas:-

• Get your kids to clear out some old toys they don't need or want anymore and donate them to a local charity;
• Why not volunteer as a family at a local shelter or food bank over the holidays?;
• Bake a batch of homemade cookies and take them to your local nursing home.

The old saying "it's better to give than to receive" is so true. Try applying it to your own Christmas this year, and see just how much better it makes you feel. 

Denise's Festive Musings: Lessons from Einstein

Recently, when I was completing my reading for the last CSIRO Human Research Ethics Committee meeting for the year, I came across a quote that speaks volumes.

“Everything that can be counted does not necessarily count; everything that counts cannot necessarily be counted”.  

Albert Einstein 

Albert Einstein was not only a brilliant theoretical physicist.  He also contributed greatly to the philosophy of science. The above quote resonates for me on many levels - not just the scientific.

At this time of supposed Joy and Good Will towards others, I couldn’t help but apply Einstein’s wisdom to the battlefield that is, too often, the context in which Family Dispute Resolution Practitioners work.

Even during mediation of parenting issues between separated couples, the bitter spectre of conflict over property, child support and spousal support too often rears its ugly head.

In the desperate clamour of parents to “get what’s fair”, their children’s most important but largely unquantifiable needs - a sense of security, unconditional love, nurturing, quality time with both parents, and the opportunity to achieve their potential - are too often lost. 

It is my belief that if even one parent in every parenting dispute were to truly prioritise their children’s needs over their own (often unrealistic) financial claims, the children would come out the other side of separation and divorce feeling better about themselves and would suffer fewer mental health issues, relationship difficulties and other social problems in adulthood. 

Einstein - a true visionary. 

Denise Britton

Principal Brisbane Mediations

Festive Family Movie Night: 5 films to watch with kids

Everyone has a film or two they like to watch in the run up to Christmas, and often it’s one you watched as a kid that stays with you for years after you first watched it. Christmas is a great time to introduce your kids to a few classic movies. And who knows? Maybe it’ll become a family tradition at your place?

Here’s our pick of the top five festive films to watch with kids. We’d love to hear about your favourites.

The Muppet Christmas Carol (1992) – we might be showing our age here, but who doesn’t love The Muppets? And didn’t Dickens practically invent Christmas as so many of us know it these days? There’s jokes, singing, and Michael Caine. What’s not to like?

Miracle on 34^th Street (1947) – Is he really Santa Claus? We still think he is, every time we watch it. Make Miracle on 34^th Street one of your family favourites this year and every year.

Elf (2003)- Will Ferrell is simply spectacular as Elf, and there are just too many hilarious scenes in this movie to mention.  “The best way of spreading Christmas Cheer is singing loud for all to hear”. Heartwarming, hilarious and magical, Elf has all the characteristics you want in a family classic.

Home Alone (1990) – 26 years later, and although this turned into a franchise, the original is still the best one of the lot. Being left Home Alone sounds like every kid’s fantasy, but in this case it quickly turns into a nightmare…..

Fred Claus (2007)– A great little movie about Santa’s underachieving brother Fred, played by Vince Vaughan. It’s worth watching just to see how magical the North Pole scenes are, complete with elves and the “Naughty or Nice” list. And of course a happy ending.