November 2018

16 Nov

Posted at 14:42h in General

The Law Society of South Australia - BULLETIN ARTICLE OCTOBER 2018 Tips for Young Lawyers Practicing in Family Law By Erica Panagakos, Senior Associate, Belperio Clark  I remember my first family law file well. Whilst my other files sat neatly in their tidy manilla folders, the family law matter was spread across my office floor in a series of archive boxes. One of my first tasks was to inspect and copy subpoena material from the Department for Child Protection. I arrived at the Registry expecting to find a few documents and was somewhat stunned when the clerk asked me which box I wanted to look at first. I spent most of the next two weeks sifting through the boxes of material which contained all kinds of hideous and confronting information. Family law is often complicated and stressful. However, it is interesting and rewarding and there is never a dull moment. As a newly admitted lawyer, I was fortunate enough to have good support around me at my office but no one can manufacture years of experience. I have put together some basic tips which I don’t profess to be exhaustive but you might find them helpful if you are a young lawyer practising in...

12 Nov

Posted at 15:07h in General

[caption id="attachment_2953" align="alignleft" width="1024"] Lawyers “fuelling family conflict”[/caption] Written by Bev Clark Lawyers “fuelling family conflict” I am very pleased to read the article in The Australian Newspaper on 31 October 2018 with the above heading. It was pointed out that a family law Judge has hit out at “horribly aggressive lawyering” driven by profit that is driving up costs in divorce proceedings and fuelling conflict between parents. Whilst it was highlighted as occurring especially in Sydney, it is my view that this also occurs in other states, including Adelaide. Lawyers are traditionally trained to be gladiators for their clients and to fight for their clients desires. It has always been the view at Belperio Clark that a gladiator approach is unhelpful. We prefer to see ourselves as lawyers acting as wise guides for clients when they are going through the worst time in their lives. Our philosophy mirrors the concern that has been raised by Federal Circuit Court Judge Harman. To quote Judge Harman “their job (meaning the lawyers) is to be problem solvers, to help people find resolution of conflict, rather than to generate conflict, to fuel it, to create it where it didn’t previously exist”. In a book released by mediator Zoe Durand...

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