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Think Foley's

S5 Episode 4: Coffee with Rohan & Harriet: Tips & Tricks from a Former Senior Judicial Registrar

Oct 31, 2023
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.
54:12

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Quick takeaways

  • 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.

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