Friday, September 27, 2013
Cuts to Family Court-Impact on court delays.
In the lead up to the federal election, the coalition announced a planned $30m cut to Family Court processes in its final costings. According to the Financial Review of Friday 20 September 2013, the president of the Law council of Australia will write to the new Attorney-General George Brandis, QC to ask where the proposed cuts to the Family Court will come from. Rick O'Brien,chair of the Family Law Section of the Law Council was quoted as saying that the Family Court and the Federal Circuit court "are both already under-resourced" and it was taking too long for casesto go through the system. Mr O'Brien noted that the Federal Circuit Court,Family Court and Western Australian Family Court are struggling with workloads and delays are at "an unacceptable level". As Mediators, on a daily basis we face concerns of parties about delays in the court system and the impact of these delays on their lives. Court delays are a major reason why parties try to avoid the court system and look for a resolution which enables them to move forward with their lives.This will increasingly be the case if the already stretched courts are asked to deal with further pressure on their resources. the only clue given by the coalition to it's proposals was an indication that it proposed to "streamline Family Court processes". At this stage it is not clear what is intended by this inclusion in the coalition's costings.
Sunday, September 15, 2013
Capital gains tax exemption for small business
Small business owners often don't understand the exemption from capital gains tax that applies if the business has been owned for 15 years.
An eligible small business owner is exempt from capital gains tax and can contribute part of the proceeds into superannuation without it being counted towards the normal annual contributions limits, under the small- business capital gains tax retirement exemption.
To qualify, a capital gain must flow from the sale of a small business where the owner had either net assets of less than $6 million or the business had a turnover of less than $2 million.
If the business was owned for 15 years and the owner is over 55 and is retiring, the business can be sold tax free. Furthermore a substantial part or all of the proceeds can be injected into superannuation and not count towards the normal contributions limits.
The source for this blog is The Financial Review 16-17 February 2013.
For further information, you should see your accountant.
Saturday, September 14, 2013
World's Happiest Nation
Fascinating to note that Australia is the world's happiest nation according to the index applied by the Organisation for Economic Co-operation and Development.
Australia has kept the top spot for the third straight year, leading Sweden and Canada.
The index measures each of 11 categories in 36 nations, giving equal weight to each category.
Criteria weighed include income, jobs , health, safety and housing.
The index also showed that Australians are more satisfied with their lives than the OECD average.
The results of the survey were released in May 2013.
Well done Australia !!!
Australia has kept the top spot for the third straight year, leading Sweden and Canada.
The index measures each of 11 categories in 36 nations, giving equal weight to each category.
Criteria weighed include income, jobs , health, safety and housing.
The index also showed that Australians are more satisfied with their lives than the OECD average.
The results of the survey were released in May 2013.
Well done Australia !!!
Wednesday, September 4, 2013
PEACE TALKS: Syria - a challenge for the most skilled and conscientious mediator
What right thinking person would not be distressed and inclined to join the chorus to, "Do something" about the human crisis in Syria that has been unfolding over recent weeks on the world stage?
Do we understand what is really happening there? Who are the disputing parties? What is the true composition of their ranks?
What are their positions in the dispute (that is, what is the bottom line that they are seeking)?
What secrets or hidden agendas are driving the dispute?
What unresolved hurts and grief from the past are interfering with a resolution?
Are the members of the disputing groups cohesive in their wishes or are they being intimidated and manipulated by strong and malevolent forces within?
What are the parents of the murdered children and of the young soldiers compelled to use force against their own people saying?
Who has the skills to engage the parties and seek the answers to these questions in an effort to help these poor people rise above their differences and have a chance of living their lives without fear and aggression?
Does the spectre of a "big brother" force bring with it more or less likelihood of resolution?
Although the stakes are much higher, these questions have much in common with those which need to be asked about every interpersonal dispute. At Brisbane Mediations we would contend that the more peaceful the resolution the better for all parties. What is your view?
PEACE TALKS - Denise Britton
Do we understand what is really happening there? Who are the disputing parties? What is the true composition of their ranks?
What are their positions in the dispute (that is, what is the bottom line that they are seeking)?
What secrets or hidden agendas are driving the dispute?
What unresolved hurts and grief from the past are interfering with a resolution?
Are the members of the disputing groups cohesive in their wishes or are they being intimidated and manipulated by strong and malevolent forces within?
What are the parents of the murdered children and of the young soldiers compelled to use force against their own people saying?
Who has the skills to engage the parties and seek the answers to these questions in an effort to help these poor people rise above their differences and have a chance of living their lives without fear and aggression?
Does the spectre of a "big brother" force bring with it more or less likelihood of resolution?
Although the stakes are much higher, these questions have much in common with those which need to be asked about every interpersonal dispute. At Brisbane Mediations we would contend that the more peaceful the resolution the better for all parties. What is your view?
PEACE TALKS - Denise Britton
Sunday, August 18, 2013
PEACE TALKS - What would Mum and Dad say if they knew you were fighting over their estate?
What would Mum and Dad say if they knew you were fighting over their hard earned property, super and other assets?
How often have we all heard that grief and loss bring out the best and the worst in people? It really is true isn't it? Sadly, when we lose significant people in our lives a chain reaction of free flowing emotions tends to start and all sorts of unresolved issues from the past can surface, including old sibling rivalry - feelings about unfair treatment by parents, unfair advantages to our brothers and sisters, things that weren't said and should have been or were said and shouldn't have been.
When Mum and Dad are no longer around to keep the family on some sort of an even keel or to even give their version of events, there is the potential for these issues to get right out of hand - especially if, for one reason or another, Mum and Dad decided that their estate should not be divided equally.
There are indeed laws about sorting out perceived inequities in respect of who is left what, and the courts are there to help as a last resort.
As mediators skilled in dealing with all types of interpersonal disputes, though, we know that "blood is thicker than water" in most cases. A discussion around a table under the guidance of a skilled mediator BEFORE the dispute escalates, has the best chance of ensuring the estate is not depleted through legal costs and of achieving a result everyone can live with and which allows siblings to continue on as a family - something every parent would want.
How would you feel if your kids ended up not talking to each other and trying to forget they were even related, just because you were prudent enough to have something to leave them? Most in those circumstances would rather spend it all before they went.
Give our expert and sensitive mediators the opportunity to help you sort your estate issues in a way which allows you to save money, save face and save relationships!
PEACE TALKS
How often have we all heard that grief and loss bring out the best and the worst in people? It really is true isn't it? Sadly, when we lose significant people in our lives a chain reaction of free flowing emotions tends to start and all sorts of unresolved issues from the past can surface, including old sibling rivalry - feelings about unfair treatment by parents, unfair advantages to our brothers and sisters, things that weren't said and should have been or were said and shouldn't have been.
When Mum and Dad are no longer around to keep the family on some sort of an even keel or to even give their version of events, there is the potential for these issues to get right out of hand - especially if, for one reason or another, Mum and Dad decided that their estate should not be divided equally.
There are indeed laws about sorting out perceived inequities in respect of who is left what, and the courts are there to help as a last resort.
As mediators skilled in dealing with all types of interpersonal disputes, though, we know that "blood is thicker than water" in most cases. A discussion around a table under the guidance of a skilled mediator BEFORE the dispute escalates, has the best chance of ensuring the estate is not depleted through legal costs and of achieving a result everyone can live with and which allows siblings to continue on as a family - something every parent would want.
How would you feel if your kids ended up not talking to each other and trying to forget they were even related, just because you were prudent enough to have something to leave them? Most in those circumstances would rather spend it all before they went.
Give our expert and sensitive mediators the opportunity to help you sort your estate issues in a way which allows you to save money, save face and save relationships!
PEACE TALKS
Thursday, August 8, 2013
PEACE TALKS- Egypt's extensive mediation efforts have failed.
US
Deputy Secretary of State William Burns has left Cairo, having made no headway
in finding a compromise between the army-installed government and supporters of
deposed Islamist president Mohammed Morsi.
Read more: http://www.news.com.au/breaking-news/world/mediation-has-failed-egypt-presidency/story-e6frfkui-1226693026975#ixzz2bLEqWMtW
Read more: http://www.news.com.au/breaking-news/world/mediation-has-failed-egypt-presidency/story-e6frfkui-1226693026975#ixzz2bLEqWMtW
For a
mediation process to be successful, there needs to be a mix of essential
ingredients:-
- A skilled mediator who is seen by all parties to be unbiased
- Willingness on all sides to make concessions and to compromise in the interests of a peaceful solution
- The capacity on the part of the mediator to facilitate expression by all parties of their underlying perspectives and needs, whilst also maintaining ultimate control over the process
- Preparedness of each party to listen to the other parties
- An understanding by all that resolution is preferable to at least some of the potential options should the conflict continue
At Brisbane
Mediations we wonder what was left out of the mix in respect of the Egyptian
mediation process?
Friday, August 2, 2013
ADR Conference
Mediation Matters.
Each year the Queensland Law Society (QLS) convenes a conference on Alternative Dispute Resolution(ADR) for legal practitioners and other professionals.
The full day conference examines developments in Mediation,Arbitration and other alternatives to a court resolution both on a national and international level and provides an opportunity for mediators and arbitrators to network and exchange ideas with colleagues.
The conference discussion was led by a range of speakers drawn fom legal and mediation practice,academia and industry.The topics were both stimulating and informative.
I was asked to present on Surviving in a Mediation Practice, with my good friends and colleagues Tess Brook and Tom Stodulka.
The topic is of particular relevance to me as some years ago now, after several decades in legal practice, I made the decision along with my wife and psychologist Denise Britton to establish a stand alone mediation practice on Wickham Terrace.The decision to establish Brisbane Mediations was a brave one at the time, but with the assistance of our long term manager Joanne McDonald,we have been successful in establishing the practice, which we can proudly say is the only stand alone private shopfront mediation practice in Brisbane. Operating on a fulltime basis from our Dispute Resolution Centre, and together with our panel of mediators, we have assisted many hundreds if not thousands of couples to resolve their conflict without the expense or delay of court proceedings.
Both Denise and myself derive enormous pleasure from being able to assist couples and others to resolve their conflict and move on with their lives.
Whilst our mediation practice initially derived from our long years of professional practice in the matrimonial area, in my case as a lawyer and in Denise's case as a psychologist, our practice has spread well beyond matrimonial to the point where we assist people resolve all manner of conflict including in the workplace, industrial, school and general interpersonal environments.
It is always a pleasure to present to a group of mediators of varying experience to help explain some of the pitfalls they will confront and strategies for overcoming them in their practice.
Our mediation practice has been assisted greatly by the range of backgrounds and life experience not only of ourselves but of our panellists.
One of the interesting facets of mediation is that everything you experience and do in life and everyone you meet, or situation you encounter, helps to improve your skills and ability and develop your repertoire as mediators.
Both Denise and I are always learning and striving to improve our skills and days such as the QLS ADR day provide a great opportunity for this.
We congratulate the staff of QLS on another successful day.
We both look forward greatly to continuing to improve our skills and to help people resolve their conflict in whatever field of life they are involved.
Mike Emerson
Each year the Queensland Law Society (QLS) convenes a conference on Alternative Dispute Resolution(ADR) for legal practitioners and other professionals.
The full day conference examines developments in Mediation,Arbitration and other alternatives to a court resolution both on a national and international level and provides an opportunity for mediators and arbitrators to network and exchange ideas with colleagues.
The conference discussion was led by a range of speakers drawn fom legal and mediation practice,academia and industry.The topics were both stimulating and informative.
I was asked to present on Surviving in a Mediation Practice, with my good friends and colleagues Tess Brook and Tom Stodulka.
The topic is of particular relevance to me as some years ago now, after several decades in legal practice, I made the decision along with my wife and psychologist Denise Britton to establish a stand alone mediation practice on Wickham Terrace.The decision to establish Brisbane Mediations was a brave one at the time, but with the assistance of our long term manager Joanne McDonald,we have been successful in establishing the practice, which we can proudly say is the only stand alone private shopfront mediation practice in Brisbane. Operating on a fulltime basis from our Dispute Resolution Centre, and together with our panel of mediators, we have assisted many hundreds if not thousands of couples to resolve their conflict without the expense or delay of court proceedings.
Both Denise and myself derive enormous pleasure from being able to assist couples and others to resolve their conflict and move on with their lives.
Whilst our mediation practice initially derived from our long years of professional practice in the matrimonial area, in my case as a lawyer and in Denise's case as a psychologist, our practice has spread well beyond matrimonial to the point where we assist people resolve all manner of conflict including in the workplace, industrial, school and general interpersonal environments.
It is always a pleasure to present to a group of mediators of varying experience to help explain some of the pitfalls they will confront and strategies for overcoming them in their practice.
Our mediation practice has been assisted greatly by the range of backgrounds and life experience not only of ourselves but of our panellists.
One of the interesting facets of mediation is that everything you experience and do in life and everyone you meet, or situation you encounter, helps to improve your skills and ability and develop your repertoire as mediators.
Both Denise and I are always learning and striving to improve our skills and days such as the QLS ADR day provide a great opportunity for this.
We congratulate the staff of QLS on another successful day.
We both look forward greatly to continuing to improve our skills and to help people resolve their conflict in whatever field of life they are involved.
Mike Emerson
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