Inside Family Law with Zoë Durand

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“in control to steer outcomes”, An interview with Elise McSweeny from SplitWorld

What is SplitWorld?
What is the purpose of SplitWorld?
Discussion of modules. Property and assets module, parenting module, and documenting agreement.
How the algorithm for the financial calculator (property) was developed.
Idea that “The process depletes the resources” of the family and SplitWorld’s intention to be a self empowered process.
Intention to assist parties to collaborate.
DIY Divorce tool kit to save time, emotion and money.
Not all matters are appropriate for this process.
Different ways to use SplitWorld.
Parenting plan module and education resources about how to best support children through separation via blog and direct mail.
Future trends for SplitWorld ”there is a drive to disrupt the system”.
Human element in determining justice and equity and how this works with an algorithm (financial calculator).
“At a higher level, where does justice and equity exist? In this process the justice and equity exists inside the perspective of the two people navigating the divorce… The sense and the feeling of justice and equity comes from me if I am going through the process and I arrive at the end of it and I feel justice has been met."
“The justice and equity exists within them.”
“We want to stand in the possibility that separation can be amicable and that each partner can choose this and that if people choose this…then they are immediately in control to steer outcomes in alignment with this choice.”
The parties can collaborate together. They can modify what the financial calculator says, i.e do not have to agree with the financial calculator outcome, but use it as a guide only.
In collating the information for the financial calculator parties think in a practical way about how their future lives will work. The process of collating the data for the financial calculator can in and of itself be useful.
Retaining resources – time, energy, money inside the family unit as “invaluable.”
Future of SplitWorld.

www.split.world

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Hayder Shkara (principal at Justice Family Lawyers) and Zoë Durand discuss:

Lockdown – parenting during a lockdown
School holidays have moved forward in Victoria – school holiday time changes to family law.
Follow the orders to the best of your ability. Try to communicate if possible (via lawyer or directly).
Changeover and also other safety issues. I.e one parents' residence vs the other parents' residence. Safety issues during Coronavirus. “Reasonable excuse” to contravene orders and what constitutes this.
Panic affecting decision making.
Family violence. Court continuing, however processes are modified i.e. use of telephone and other electronic communication.
Family law firms and mediation continuing via technology.
Changes to the types of matters during Coronavirus.
Difficulty separating during Coronavirus.
Tensions as families live and work together in constant close contact.
Property matters and Coronavirus i.e. reduced value of shares and superannuation and how this is affecting family law matters.
Court – doing the best job they can during this time.
The online world is now the “real” world. Changes in work practices.
"The real world is not the real world."
Court now allowing subpoenas to be filed online.
Some practices may remain after Coronavirus – new work climate coming out of this.
WFHLife i.e Working from home life and how to stay active at home (from a former Olympic athlete). Mental and physical health.
“Use it as an opportunity to try something different.”
Reaching Hayder at Justice Family Lawyers on google.

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New ways of doing old problems: family law in the time of Coronavirus

Paul Doolan (Partner at Barkus Doolan) and Zoe Durand discuss:

Parenting - compliance with orders due to coronavirus and health conditions.
Commonsense and making decisions in best interests of children.
Property issues, loss of value of assets and loss of income.
Impaired ability to pay child support, spouse maintenance.
How s75(2) factors may be affected.
Unique circumstance of loss on value of assets and earning capacity (unlike past economic recessions).
Difficulty for people resolving disputes at the moment.
Sense of community in family law during Coronavirus.
Changes in the Court and increased use of technology during Coronavirus.
Practical issues for lawyers i.e. signing up affidavits etc, deposing of documents, getting both parties to sign the same document, changes re tendering documents.
Lack of supervisors to supervise time.
Long term changes that may persist after Coronavirus.
Family Violence - UK example.
Potential family law reform.
Merger of Courts.
Paul's comments on Senator Pauline Hanson and her views.
Paul Doolan's own personal views about family law reform.
Legal Aid and false economy of cutting funding to Legal Aid.
Wider question of "Who are we these reforms for? Where should the law reform be targeted?"

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“A measure of pushback” with Jacqui Dawson (Sexton Family Law)

How to empower people going through the process.
What information to prepare for your lawyer: in parenting and property matters. Checking facts and details in a one page summary.
Be completely frank with your lawyer.
Pre-sorting financial disclosure for your lawyer to save legal fees.
Being clear about objectives and seeking assistance from other professionals.
Cues that you have the right/ wrong lawyer for you. Trusting your lawyer. Is your lawyer over promising?
Time frames and communication.
Expertise of lawyers, accreditation.
Is your lawyer objective and calm.
“One of the worst things we can do as a lawyer is get on board with our clients’ emotional distress.” Be wary of correspondence that is unnecessarily emotive and lengthy.
Lawyers that are too aligned with client are doing the client a disservice.
A good lawyer will offer a measure of pushback. “Toxic can come in all different ways.”
Every case is different. Beware of the advice from friends, neighbours and google. Your fact situation is different to others.
Adapt as you go along.
Listen to your lawyer – delays are difficult and lawyers understand this is a problem.

Find Jacqui Dawson at Sexton Family Law.

https://sextonfamilylaw.com.au/index.php/portfolio/about-us-2/

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Sorry to have been away from the podcast for so long. Life got in the way! I hope it was worth the wait.

Come along to the UNSW family law intensive https://www.edge.unsw.edu.au/sites/default/files/2019-11/Family%20Law%20Intensive%20Program.pdf where I will be chairing the day.

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Anne-Marie Cade (Divorce coach) - Between then and now: moving clients from the story of divorce to the business of divorce.

What is peaceful divorce?
What is the coaching process in practicality. In terms of timing, people can be helped at any stage of the process.
Lawyer as entry point into seeking out other services.
Retelling of negative narratives via divorce process.
Emotional blind spots and fear.
"As a coach I am trained to walk the path with the client."
How coaching can help clients become more self aware. Dialing down emotions.
Difference between therapy and divorce coaching.
Helping clients with the divorce process. “Being an objective thinking partner”.
History of the role of divorce coaching. In the USA and UK and now Australia.
Parenting coordination.
Difference between support from friends and support from coach. Coach as an “accountability buddy.” Helpful objective thinking partner to assist them. Friends who mean well but can be destructive to the process. "Each person’s experience is unique. When it comes to your divorce you need to put certain people on a shelf."
How divorce coaching can help the lawyer-client relationship. Coaching helping clients better understand their lawyer.

Find Anne-Marie Cade at https://www.divorceright.com.au/author/admin/

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History of Rachel Brace’s career
Reason for creating Max’s Divorce Earthquake
How this book helps normalise the separation and helps children verbalise their feelings about their parents’ separation and encourage conversation between children and parents about the separation.
How Max’s Divorce Earthquake can also help parents – helping parents to support their children.
There is no right or wrong way to feel. There are no “bad” or shameful feelings. Feelings will pass. Feelings and emotions are temporary states, not permanent traits.
Having mixed feelings about divorce.
Tips for parents who are separating.
Really listen to children – even if it is difficult to hear what they are saying.
Try not to project your own feelings onto children.
Children have their own unique self and personhood. Zoe refers to “your children come through you, but are not of you” from Kahil Gibran
Upcoming project: a book on blended families and having step parents and steps siblings.

See www.kinshipbooks.com

Or reach Rachel through the Relationspace

Max's Divorce Earthquake Illustrated by Angela Perrini and written by Rachel Brace.

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Inside Family Law Podcast launch You are warmly invited to the launch of the Inside Family Law Podcast:

At Mediation Answers, Level 21, 133 Castlereagh Street, Sydney

From 5.30pm, Wednesday 25 September 2019.

Around 6pm: Short speeches by Zoë Durand and The Hon. Peter Rose AM QC, facilitated by ABC journalist Katherine Gregory.

Enjoy an evening of champagne, drinks, nibbles and networking with interviewees from the podcast and book and your colleagues.

If you would like to be on the Inside Family Law podcast, be there or be square, as we will be bringing our booking schedule and filling spaces for the next 6 months on the evening. Also any sequel to the book will be taken from these podcasts, so now is your chance!

Copies of the Inside Family Law book will be available for purchase, so you can grab an autograph from your favourite Inside Family Law podcast or book interviewees on the evening.

About the Inside Family Law Podcast

The Inside Family Law podcast continues the interdisciplinary conversations from the Inside Family Law book, which was seen on the ABC, The Australian, Sydney Morning Herald, A Current Affair, 9News, 10Daily and 9Honey and awarded the APAC Award for Family Law Publication of the Year 2019. Zoë was recently the official AFCC correspondent reporting on the ground at the Sydney AFCC conference via her podcast. Watch for future reporting via the podcast at other family law conferences around the world.

Interviewees from the podcast and book include: The Honourable Diana Bryant AO QC, The Honourable Stephen Thackray, Judge Tom Altobelli, Judge Alexandra Harland, Judge Joe Harman, Registrar Brett McGrath, The Honourable Mark La Poer Trench, The Honourable Peter Rose AM QC, Robyn Sexton, Stephen Scarlett, Trevor Tockar, Darren Mort, Tom Hutchings, Dr Jenni Neoh, Vincent Papaleo, Dr Antony Milch, Alison O'Neill, Linda Campbell, Rachel Brace, Brian Pickup, David Bird and Mark Lipson.

Beyond those who work directly in family law, this event may be of interest to those who work in other adjacent areas, but wish to meet and network with family lawyers.

Listen in to the podcast at https://zoedurand.podbean.com/ or on Spotify https://open.spotify.com/show/13tbYOANgI7w9R6svg9tH2?si=36Oku1yiRgiJNyHoSZUNGw

To get in touch with Zoë see www.mediationanswers.com.au or email zoe@mediationanswers.com.au.

The evening is being kindly sponsored by Clarence Workplaces for Professionals and Legal Home Loans.

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“The lens that you have” - Dr Robert Simon (United States Forensic Psychologist) on understanding families around the world and children’s views. AFCC series.

Why Dr Simon supports the AFCC, interdisciplinary nature of AFCC: Talks that leave you “Wondering and imagining.”
International perspectives on family law, example regarding Hawaii and the role of the grandmother in that family, without understanding Culture you may see things through a “lens that did not see it properly”.
Experiences in San Diego; military families.
Allowing the family to educate you about their family: honouring the family when you work with them.
Children’s views and perspectives.
Allowing children to have their views matter, but not over exposing them to adult issues: a complicated dance. It is about intention.
All parents make mistakes: a learning opportunity to show children how it is okay to make mistakes and own them.
Children’s voices in the Court process: “The prime stakeholder.” The child’s voice needs to be heard, as it is a matter of respect. Children have their own rights and personhood.

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“The answers for themselves” The Honourable Stephen Thackray on working with Aboriginal Australians to make family law more accessible. AFCC series.

The Honourable Stephen Thakray’s career path through the family law process including having been a Chief Justice of the Family Court of Western Australia, and Senior Judge of the Appeal division of Family Court of Australia and Acting Chief Justice of the Family Court of Australia, his current work as a mediator and prior to all that, in his words, “a boy from country WA.”
Work in Newman in the Pilbara region of Western Australia and new processes for Aboriginal Australians in county WA created in consultation with Aboriginal people in that region. Including the removal of forms and more flexibility around Court attendance times.
Parties having a lawyer and interpreter.
Feedback from clients who have used the service: “The only thing that matters is what the clients think.”
The Hon Thackray’s school years side by side with Aboriginal Australian students (the majority of students in his school).
“What I didn’t know at the time Zoe, was that the children I was going to school with were part of the Stolen Generation. They all lived on a mission and we were told that they were all orphans and that they were being looked after by white people. And it was only later that I learned that they were not orphans. I have thought very deeply about the dispossession of our Aboriginal people in Australia and that we have an obligation to do a lot more than what we have done in the past.”
“To ask Aboriginal people what will work for them.”
“We don’t have the answers for other people, they are much more likely to come up with the answers for themselves”.
Discussion of the Indigenous list in Sydney and work of Robyn Sexton (former Federal Circuit Court Judge).
To try to do things differently because people are different: “We don’t need to proceed on the basis that everyone is white, everyone is rich or everyone is educated or everyone speaks English. We need to accept the differences in our community and then look to how to work with them.”
“Everyone has something to contribute”.
New Zealand family law experience and Maori people.
The importance of having enthusiasm for making family law better for our clients.
Judges who are being appointed need to have an understanding of family law, but also some “sympathy for it and a feel for the area”. Judges need to understand family violence and also child development.
There need to be enough Judges so they can have the time to make decisions and Judges need to be well supported.
Court should be a place of last resort, but some cases do need an agreement to be reached in court.
Cross referrals to other supports; drugs, alcohol, violence. People need support for the real issue.

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“A voice not a choice” – The Honourable Diana Bryant AO QC (former Chief Justice of the Family Court of Australia) on what is working well, what could work better and ideas for reform. AFCC series.

The Hon Diana Bryant’s career path in family law.
Family law reform. ALRC report and Diana’s personal views about family law reform.
Education for parents and also possible education for children at school about divorce and separation. Increasing awareness about how to be child focused during separation.
Importance of incorporating the children’s voice in a better way in family law.
Need for standardisation of the way Court Appointed Independent Children’s Lawyers work.
Importance of children having “a voice, not a choice” and importance of children knowing that their voices are heard and respected.
Diana’s discussion with school students about their experiences through the family law process.
Diana’s view that the Government should focus on education for parents more broadly about how conflict can damage children. “The government should get into the space and have a campaign.”
Better streaming and triaging of matters and categorisation of lists – ie simpler and more complex matters.
ICL’s, mediation and ADR in family law.

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“Things we can do now” - Judge Alexandra Harland on making positive changes on the ground. AFCC series.

Why Judge Harland is drawn to the AFCC. The positive efforts of the AFCC and family report writer training.
Family law as intersecting with many different areas and professions.
Perspective that change can happen at the coalface with those who work in the area of family law.
Increasingly better coordination between the different professionals in family law.
Family Court and Federal Circuit Court and coordination that has already been occurring between the Courts and streamlining court rules and processes.
Tips and words of support for parents who are separating.
Children’s difficulty with transition and the damage that even silence, not just negative comments, can do.
Standardised training for family report writers launched by AFCC.
History of AFCC and joining the AFCC.

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“Focus on the kids and think long term” – Judge Tom Altobelli on the AFCC, the importance of collaboration and insights for parents who are separating. AFCC series.

History of Judge Altobelli’s career.
Judge Altobelli’s views about why he is a member of the AFCC.
The importance of collaboration between professionals in the family law system.
Issues particular to Wollongong registry including socio-economic disadvantage of some of the parties.
Supportive insights for those going through a separation.
“As unpredictable as the journey might be, keep your focus on what is best for your children. Focus on the kids and think long term”.

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“You know, but you don’t know” – Albert Frantz (concert pianist, entrepreneur, social justice advocate, Vienna) on being a donor conceived child and identity as a human right. AFCC series.

Albert’s personal history as a donor conceived child.
Sperm donation in the 1970’s.
Identity as a human right – the rights of a child and open sourcing of identity.
Psychological impact of growing up not knowing one’s biological family: “I fell from the sky”.
Existential debt – expectation that donor conceived people and also adopted people should be perpetually “grateful”.
“Here’s a common theme amongst donor conceived people; you know even when you don’t know.”
“Nobody is actually keeping track, nobody even knows exactly how many donor conceived people are out there and whether they know that they are donor conceived and for that reason it is impossible to conduct proper studies on this.”
“But there is a lot of anecdotal evidence from adopted and donor conceived people saying that there are significant psychological and emotional issues surrounding identity and who are we and where do we belong in this world.”
“Still is this feeling of being rootless. And it is probably impossible to describe what that feeling is unless you experience it.”
“You can be grateful for your life and the parents who raised you and there can still be a gaping hole that you need to fill in because of this fundamental, existential uncertainty that you have about who you are.”
Bio ethics issues.
Albert’s personal views about sperm donor conception and surrogacy in different circumstances.
Albert’s Jewish heritage and the significance of this living in Vienna.
Birthrights that Albert feels have been taken from him.
Albert’s career as a concert pianist and his wondering about where this talent came from.
Nature vs nurture.

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“A different way of thinking” - On parenting Coordination overseas and recently in Australia with Dr Astrid Martalas and Craig Schneider, South Africa. AFCC Series.

What is parenting co-ordination?
How long does parenting co-ordination last?
High conflict matters and court resources.
Powers of the Court not usurped by parenting coordination – judicial authority and parenting coordination?
Role of parenting coordinator to assist, facilitate and empower the parties.
Education by the parenting coordinator.
Transforming the way parents relate to each other so ultimately, hopefully they can resolve their disputes directly.
Parenting coordination as a logical extension of the mediation process in Australia.
Parenting coordination is not therapy and is not legal advice, a new profession of the “parenting coordinator.”
Training and qualifications to become a parenting coordinator.
Domestic violence and parenting coordinator.
Including an order in Consent Orders for parenting coordinator.
Recommendations by the parenting coordinator can be used in Court proceedings.
South African experience with parenting coordination and the use of PC clauses in consent orders and parenting plans and how it grew and developed organically.
Research in Canada and America on the reduction of re-ligation.
History of parenting coordination.
Hong Kong, Singapore, Spain, UK and Australian training.
America, Canada and South Africa and the history of parenting co-ordination.
Australian WA experiences of parenting coordination.
Will there be resistance to parenting coordination in Australia? Recent judgment regarding several aspects of PC.
Breaches of orders and contravention applications and how PC may reduce this.

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“They count for something” – Darren Mort (Barrister, actor and director, Melbourne) on Child focused separation including the book and film ‘Tommy’. AFCC Series

Darren’s career history of acting, producing and working as a barrister in family law.
The story of Tommy – Film and children’s book about Tommy whose parents are separating.
To Be Loved organisation, creating resources to support parents and children through separation.
Darren’s personal views about how courts should not be used as a forum to abuse an ex partner and children having a more adequate presence in the court

Tobeloved.org.au

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“What are these problems?” Dr Phil Stahl (psychologist and expert witness, Arizona) on the specific issues that complicate post separation parenting. AFCC series.

Dr Stahl’s experience and work throughout the United States and the world.
How the majority of parents can develop problems on their own via Alternative Dispute Resolution.
20% or so of families there are problems that make it difficult to resolve disputes.
Domestic violence and different types of violence: separation instigated violence, situational couple violence, coercive controlling violence. How in coercive controlling violence escalates after separation. Need to differentiate violence the type of violence in a family.
Technology and stalking.
Substance abuse – an issue across the world.
Relocation – creates several complications. Language, culture, distance issues and child development that follow.
Personality style / mental health of parents: narcissism, psychopathy and other personality issues. High conflict parties. Difficult personalities, for example co-parenting with Donald Trump.
Parents who hate each other more than they love their children.
Film “Tommy” by Darren Mort, showing the traumatic affects of conflict and other issues such as substance abuse by parents on a child.
Firstly acknowledge the work we have been doing in the area.
Secondly ensure there are enough resources for the Court to be able to make proper assessments.

Parentingafterdivorce.com

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“Building strength and resilience between the parents” - Our Family Wizard with Timothy McMichael and Rachael Howitz. AFCC series.

Website and mobile app for co-parents who have separated.
Messaging functions with tone metre (“spell check “ for your tone), calendar function, parenting schedule, info bank (storing medical information).
Lawyers and other professionals can also be given access to the parties account.
Tone metre – developed by a linguistics company. Gives parents a moment to reflect prior to sending a message.
Calendar function to assist parents – auto populating of time arrangements.
Communication, school, medical information and time arrangements in one place.
Messages from children can be uploaded to Our Family Wizard.
Admissibility of documents uploaded to Our Family Wizard. Nothing can be deleted or created/ tampered with. Mediators can also use access to Our Family Wizard.
Fees (approx $130 per party) and giving back to the community.
Security, encryption of data.
Future of our Family Wizard: Geo-tagging function being developed and moments section to share what parents have been enjoying doing with the children. Building strength and resilience between the parents.

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“Winning and losing is not going to be helpful” - Timothy McMichael (Mediator of the Year in New Zealand) on comparing mediation in New Zealand and Australia. AFCC series.

Both New Zealand and Australia place importance on family law mediation.
Family mediation works in similar ways in New Zealand and Australia.
Parties in New Zealand are allowed more hours of mediation than in Australia.
Several multiple sessions of mediation in New Zealand.
Issue of delays in Court in New Zealand.
Recommendations regarding family law reform in New Zealand.
Child focused and child inclusive mediation in New Zealand.

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“Talking to a wall” – Reflections on how surrogacy in Australia, following a personal experience with Stephen Page (lawyer, Brisbane). AFCC series.

Stephen Page’s personal journey to have his daughter Elizabeth using surrogacy: “overwhelming joy of generosity” from the surrogate
Bumps in the road along the surrogacy journey; medicare rebait, changing clinics. Also the surrogate had a miscarriage and later an ectopic pregnancy.
Issues in the hospital following the birth of Elizabeth.
Reflections on potential changes to surrogacy in Australia, following his own personal experience.

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“Don’t you ever get a spot on your shirt?” Dr Robert Simon (United States Forensic Psychologist) on how all parents make mistakes and understanding each families unique culture specific to them. AFCC series.

Focus of his talks at the AFCC Conference.
Dr Simon’s history in family law, around the world and in particular in the United States.
Understand a families “Culture” and their “culture”. Each family has their own culture unique to them.
Usually, the greatest risk to children is the conflict in and of itself, not the thing they are having the conflict about: “The problem is not the problem.”
It is incredibly hard, but rewarding to work through these issues as a parent:
There is something about the process of conflict that draws you in. Parents are not bad people for having made mistakes: “I made all the mistakes.“
How to change and learn how to put your children first during separation.
The need for forgiveness of each other and of yourself.
Do you ever get a spot on your shirt? Find a therapist who presents as authentic and fully human.

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Jeffrey Choy “looking for little shiny baubles” – Jeffrey on his personal experience with separation and his work today as a family lawyer

History of Jeffrey’s career and personal experience with divorce prior to working as a family lawyer.
Jeffrey’s personal experience having ADHD (Attention Deficit Hyperactive Disorder) and how he has made this work to his advantage as a family law.
Tips on preparation of affidavit evidence
Jeffrey’s personal experiences and the fall out years later after a separation including his continued estrangement from his daughter.
Jeffrey’s tips for parties going through the process based on his own personal experiences and as a lawyer
Jeffrey’s family history with his family migrating from China to Australia in the 1850’s during the Gold Rush and the migration back and forth between Australia and China of his grandparents and parents.
Cultural issues in family law and how in Chinese culture you often veer away from emotion and how in Asian cultures more generally dealing with emotions can be difficult.
Chinese Australian families in the Australian family law process – are cross cultural issues understood?
Different family structures and different concepts of closeness in Chinese families; second and third cousins are considered as akin to siblings versus the Ango- Australian families which are much more focused on the nuclear family.
Migrant experience of sacrifice and the fact they often do need to send their children back overseas to be raised by extended family.
Jeffrey’s views on the proposed ALRC recommendations
Jeffrey’s approach to family law matters.
Good on Jeffrey for speaking so openly about his ADHD and how he has found a way to make it work for (not against him) in his career.

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“marking the end” – David Leckie (Global Director) on amicably separating through Divorce Hotel International

David and I discuss:

David Leckie's background
Aims of Divorce Hotel International
History of Divorce Hotel International
Process for separating via Divorce Hotel International
Children being affected by exposure to conflict and how this changes who they will become as adults.
Preparatory work and screening
Actual process over the weekend at Divorce Hotel
Marking the end of the relationship
Experts available during mediation process
How clients are seeking something else/ pushing other agendas that are not always met via the Court process (i.e. marking the emotional end to the relationship)
Holistic approach at Divorce Hotel, including the types of professionals who may be available to support clients
Divorce hotel coming to Sydney soon... Stay tuned

For more on Divorce Hotel International see https://www.divorcehotel.co.uk/

For more on Zoë's work as a mediator and author of Inside Family Law (the book) see www.mediationanswers.com.au

Zoë is also a consultant lawyer at Evans Elliott Lawyers https://www.eelawyers.com.au/our-people

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I interview Kate Rafton, who founded Raftons Family Lawyers about:

What is different about Raftons and their approach
Taking a commercial approach
encouraging settlement
Initial conferences
Advice regarding costs
Communication with clients
'Process driven' ways of doing family law and how this can lead to not being able to see the wood for the trees.
Having a proportionate response to the matter and issues in a matter.
Arbitration.
Billing in family law, issues around incentives for efficiency in billing.
Mediation and issues surrounding delay in government funded centres offering mediation.
Different parenting styles.

Please get in touch with Kate Rafton about family law at https://rafton.com.au/team/kate-rafton/ Please contact me about my work as a mediator, lawyer or author of Inside Family Law (the book) at www.mediationanswers.com.au

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In this interview Nicole and I discuss:

Nicole’s career history and what drew her to family law
The challenges of family law in particular for younger practitioners
Nicole’s tips for winning over the client’s confidence when you are a younger practitioner
Challenges between practitioners for younger lawyers, i.e is there a 'reverse ageism' in the area against younger family lawyers?
Nicole’s strategies for working with other practitioners who may have an unconscious bias against younger lawyers.
Listening to the client’s concerns and emotional intelligence
Taking charge of a matter and managing the pathway forward
Thoughts on collegiate approaches in family law.
Mentoring and helping the next wave of lawyers younger than you.

Get to know more about Nicole at https://www.swaab.com.au/team/nicole-pozovsky

For more on Zoe Durand's book and work as a lawyer and mediator see www.mediationanswers.com.au

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Interview with Tahlia Bleier who had carriage of the recent High Court case Masson & Parsons and Anor discusses

Judgement in the recent High Court case
Positive and negative implications for families, parents, donors and children of this case
Ideas for law reform following this case
Recommendations for those entering into having a child with a known donor.
Why the floodgates have not been opened by this matter and it is not necessarily as reported in some media that "sperm donor found to be parent". How the father in this case also played the role of being a father above and beyond just being a sperm donor.

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Kerry Chikarovski talks about her work with Our Watch and shares her insights on family violence. Overall she discusses how there is an improved understanding of family violence in the community and also much more public discussion about it. However the fact remains one woman a week still dies at the hands of her partner. In particular the message she communicates is that family violence is not something that happens "over there" but rather is much deeper in our society than that and goes back to lack of respect for women on a broader level. For more see:

Kerry’s work for Our Watch
Stories of family violence from women Kerry has met
Respect for both genders
Various campaigns and work by Our Watch, in particular educational and preventative campaigns
How people are now speaking up more about family violence
Gendered pattern to family violence and deeper issues in society about gender respect and misogyny in Australia and how this is a long term inter-generational issue
Gender equity, including in politics
Common myths and misconceptions about family violence
Widespread nature of family violence across different communities and parts of society
Increase in reporting numbers of domestic violence
Changes in police attitudes and how AVO’s are prosecuted
Affects on children of family violence
Kerry’s personal views about family violence and the family law process, including increased understanding in particular by Judiciary of family violence
Improvements in resourcing for family violence
Where to start if someone is experiencing family or domestic violence.
How to support and work with Our Watch

For more on Our Watch go to: https://www.ourwatch.org.au/

For more on Inside Family Law, or Zoe's work as a lawyer, mediator or speaker go to www.mediationanswers.com.au

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Dr Jennifer Neoh discusses:

Her unique family therapy where she works intensively with families for 4 full days consecutively (as opposed to say for a session once a week ongoing). Including a breakdown of what occurs during this therapy on each day.
History of how this therapy was created, including drawing on experiences from family law in the USA.
How this therapy has worked in complex cases, including where there is a rejected parent, children with anxiety and also importantly in cases where there is family violence.
'Alienation' or 'rejected parent' cases.
Cognitive behavioural work with children with anxiety.
The importance of fun during the therapy.
Her views about reunification therapy and also her views on other more conventional therapies that involve say one meeting for a limited period once a week ongoing and some of the potential risks of this kind of therapy.
Her approach focusing on parties behaviours rather than insight.
The future of her approach to therapy.
The AFCC (Association of Family and Conciliation Courts)
New additional qualification being offered to family report writers.

Dr Neoh is available at 66 Mount St, Heidelberg VIC 3084 or on (03) 9458 1733.

For more information on Zoë Durand (lawyer, mediator) or her Inside Family Law podcast and book go to www.mediationanswers.com.au

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Brett McGrath, acting Registrar of the Family Court and Senior Associate from Gadens and Lecturer at UWS (amongst many other things), discusses alternative dispute resolution, approaches in family law and being sensible and commercial when resolving matters. He also talks about his own pathway into family law professionally and also personally, including being a child of divorce and how seeing his parents' resolution of their matter influenced him.

For more on Brett see:

https://www.gadens.com/wp-content/uploads/2019/04/Brett-McGrath-Profile.pdf

For more on Zoë Durand (mediator, lawyer) and Inside Family Law (the podcast and book) see www.mediationanswers.com.au

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Bonus - Behind the scenes of Inside Family Law - interview by Eric Gyors with Zoe Durand (originally aired on Eastside 89.7FM)

Talking candidly about working as a family lawyer and also life, the universe and everything... including the behind the scenes of writing a book with an under 1 one year old and motherhood and creativity.

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An interview with former Family Court Judge (and now mediator, arbitrator and Principal Member on the NSW Civil and Administrative Tribunal, having been appointed as an Acting NSW District Court Judge). Issues discussed include:

Background re Mark La Poer Trench- his French heritage and career path
Retirement age for Judges
The voice of the child, children's wishes and the weight given to these in the context of societal changes (increasing maturity of children)
Self represented litigants and how to work best with them
Creative ideas for how we can best assist self represented litigants including insights from Canada and the 'Justice Cafe'

You can reach The Hon. Mark La Poer Trench at Waratah Chambers http://waratahchambers.com.au

You can reach mediator and lawyer Zoë Durand at https://www.mediationanswers.com.au/ More information on her book Inside Family Law is also available here. Inside Family Law (the book) contains never before released interviews with Judges, barristers, lawyers, experts, and litigants and children's first hand experiences of the family law system.

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As featured in The Australian 23 April 2019

https://www.theaustralian.com.au/inquirer/family-law-reform-priority-for-next-australian-government/news-story/93af28df3bbe0c6f67b1e69910c7a0a2

https://www.theaustralian.com.au/business/legal-affairs/judicial-wishlist-to-clear-family-law-backlog/news-story/68f15f036d7d47fbb5b5a1f6629cd418

In this interview I speak with former Family Court Judge, The Honourable Peter Rose OM QC (now Mediator, Arbitrator and Adjunct Professor at Sydney University and also my mentor for several years) about the ‘the good, the bad and the ugly’ (my words) in relation to the recommendations for family law reform in the ALRC report.

For more on the Inside Family Law book see www.mediationanswers.com.au

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Through the Inside Family Law podcast I hope to demystify family law, bring conversations with leading minds in family law to listeners in an accessible way and spark discussion across all the different stakeholders in the family law process.

If you want to get in touch about my podcast, my mediation services or work as a lawyer, or the CPD's or SOS Lawyer Magic workshop I offer then please contact me as below. If you would like to know about the Inside Family Law book also see the below website. :-)

www.mediationanswers.com.au

zoe@mediationanswers.com.au

(02) 8249 4531 / 0435 595 400

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In this interview with Amy Jenkins (partner and national head of family law at newly merged firm Russell Kennedy Aitken) we discuss and evaluate the proposed reforms in the ALRC report, including, the following proposals:

for presumption of equal contributions during the relationship.
presumption that superannuation accumulated during the relationship should be equally divided.
relevant date to ascertain the value of assets to be changed to the date of separation.
personal costs orders against lawyers.
requirement for compulsory mediation prior to filing Court proceedings in not just parenting but also property matters.
returning family law matters to the States.
Arbitration in parenting matters, and family violence.
Amy also discussed her own views about the need for greater consistency in Court, and also:
Family violence and how proceedings can in some situations be used by perpetrators to perpetuate control.
Self represented litigants.
Costs.

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In this podcast I pick the brains of leading clinical psychologist and family report writer Vincent Papaleo. This is a MUST LISTEN to for parents who are separating and also lawyers (and lawyers please have your clients listen to this!) Topics include:

how to best support children through a separation.
Cases where children are not seeing a parents (i.e. 'alienation', estrangement and rejected parent cases).
How endemic conflict affects children and also how it impacts them when they become adults.
family therapy in family law (reportable or unreportable?)
High conflict personalities.
Children’s best interests vs parents obsessive pursuit of “fairness."
Intercultural families.
Attachment theory.
ALRC proposed reforms and Arbitration in parenting matters.
Thoughts for how family lawyers and clinical psychologists can better work together in family law matters

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In this discussion with Rebecca Chapman, head lawyer from International Social Services Australia (ISSA) discusses:

International mediation.
Assistance to parents whose children have been removed overseas including the Hague Convention.
Issues of family violence and the Hague convention
Questions around if removing a child overseas be criminalised
Changes in child abduction matters as we become a more global world.

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Tahlia Bleier discusses the ground breaking case of Masson & Parsons and Anor [2018] FamCA 823 (18 September 2018) with the appeal to the High Court of Australia being heard on Tuesday 16 April. Very much family law at the frontier, Tahlia and I discuss

The background facts and history of the proceedings
The wider consequences for families of this case, depending on how the High Court decides it.
What can we learn from all of this in terms of practical steps that can be taken before a child is born when a known sperm donor is involved to ensure there is greater clarity for all parties
What is the nexus between biology and parenthood
How children's perceptions are given weight
How the “reality” of modern family structures may not be able to be properly captured with our current legislation.
The tension between flexibility and clarity in the law.

Inside Family Law with Zoë Durand: Recent Episodes

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