S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar
Oct 31, 2023
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Join Rohan Hoult and Harriet Geddes in a casual Q&A chat as they cover changes to the Family Law Act, tips for preparing for a defended hearing, drafting affidavits, the usefulness of witness affidavits, making effective submissions in court, thorough preparation for mediation, the importance of understanding in pre-litigation mediation, and the changes and challenges faced by barristers in the modern era.
Thorough preparation, including understanding changes to the Family Law Act, is crucial for solicitors and barristers when preparing for a defended hearing.
Mediation should be treated with the same level of preparation as trial hearings, with emphasis placed on effective communication between solicitors and barristers to align expectations and address concerns.
Deep dives
Preparing for a Defended Hearing
When preparing for a defended hearing, it is crucial for solicitors and barristers to be thoroughly prepared. This includes understanding changes to the Family Law Act and being aware of advice and tips to effectively manage difficult benches and self-represented litigants. Counsel should make appropriate concessions and be respectful in court, while solicitors must ensure that affidavits are properly drafted and relevant documents are provided to counsel. Additionally, emphasis should be placed on the importance of mediation and the role it plays in settling cases before they reach the court. Mediations should be treated with the same level of preparation as trial hearings, and briefs should be organized in an orderly and concise manner. Proper communication between solicitors and barristers is essential, with pre-mediation conferences being particularly valuable in aligning expectations and addressing concerns. Overall, a multidisciplinary approach involving thorough case analysis, effective communication, and respectful advocacy is key in successfully navigating family law matters.
Importance of Collegiality and Settlement
Collegiality among family law practitioners is vital as it enables effective settlement discussions. The close-knit nature of the jurisdiction facilitates open and constructive dialogue between barristers and solicitors, often leading to successful settlements. It is important for practitioners to approach mediations with the same level of preparation and seriousness as court hearings. By engaging in pre-mediation conferences, practitioners can ensure a comprehensive understanding of their clients' cases and effectively address any concerns or misconceptions. Adequate preparation involves organizing relevant documents, such as statements of fact, in a clear and concise manner. Solicitors should also communicate any changes or cancellations to briefed barristers in a timely manner. Recognizing the significance of mediations, practitioners should approach them as a valuable opportunity to resolve cases before substantial time and costs are incurred.
Changes to Family Law
Significant changes to the Family Law Act are on the horizon, particularly regarding issues concerning children. These changes seek to simplify procedures and remove the rebuttable presumption of shared parental responsibility. Instead, there will be a heightened focus on domestic violence as a key factor in determining arrangements that are in the best interest of the children. Domestic violence will be examined in greater detail, considering its various forms and impacts on individuals. However, as the legislation around domestic violence in financial matters is developed, there will likely be challenges in determining how to assess its impact on settlements. Greater clarity will be necessary to avoid discrepancies and ensure fair resolutions. While the changes aim to address critical issues, practitioners should remain vigilant in staying abreast of evolving law and constantly adapting their approach to better serve their clients.
Preparing for Mediation
Mediation is an important aspect of family law and requires diligent preparation by both barristers and solicitors. Proper preparation involves briefing barristers ahead of time and informing them promptly of any cancellations or changes. Solicitors should provide relevant documents in an organized and concise manner, highlighting key facts and issues. This includes preparing clear memorandums that outline the asset pool, financial statements, and other essential details. Conferencing before a mediation allows for effective communication between solicitors and barristers, ensuring a cohesive strategy and alignment of expectations. Mediations should be treated as seriously as court hearings, requiring thorough case analysis and complete familiarity with relevant legal principles and facts. Adequate preparation enhances the chances of successful resolutions and promotes a more efficient and effective mediation process.
In this episode of Think Foley’s, we join Rohan Hoult and Harriet Geddes in a casual Q&A style chat. Rohan and Harriet cover a wide range of topics, from changes to the Family Law Act to advice for solicitors and barristers alike when preparing for a defended hearing. Rohan Hoult has over 35 years’ experience practicing exclusively in family law. Rohan is also an AIFLAM Nationally Accredited Mediator. In 2020, Rohan took on the position of Senior Judicial Registrar for the Federal Circuit and Family Court of Australia, delivering judgments and presiding over Judicial Settlement Conferences. Rohan returned to the Bar in July 2023 and currently practices across a broad range of family law matters as mediator, as counsel for mediation and for advice work. Rohan is able to act as mediator or counsel for mediation in all matters, including those he has previously presided over as a senior judicial registrar. Harriet comes to the bar with extensive experience in family law and related jurisdictions (including Intervention Order proceedings). Prior to coming to the bar, Harriet was a Senior Associate at a leading specialist family law firm where she had carriage of complex parenting matters, including international relocations and parental alienation, and property matters, including matters involving high-net worth individuals, third party property rights, spousal maintenance and jurisdictional threshold issues. Harriet also has significant experience with matters involving family violence.
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