Author: sam

01 Jul

Posted at 00:00h in Family Law

As Adelaide Family Lawyers you would think we spend a lot of time in the Family Court… Our Adelaide law firm sees Court as a last resort and has a strong focus on keeping our clients out of Court, we don’t spend a lot of time there.  There are very few matters that really need to be litigated and we only litigate when it is warranted and most good Adelaide Family lawyers would agree. Relocation is one area of Family law which is often hard to settle. If one party wishes to relocate with the children after separation or divorce and that would affect the relationship the other party has with the children, it is no surprise that it is hard to compromise. For example, if one party came from England leaving behind all their family and friends, and then had children in Australia with their partner, upon their separation they may wish to return home to England and take the children with them. It is understandable that they would feel strongly that they ought to be able to return to their family and familiar surrounds. It is understandable that if they are the primary carer of the children that they would want...

01 May

Posted at 00:00h in Family Law

In a recent interview with GQ Style, legendary actor, producer and all round spunk Brad Pitt http://www.gq.com/story/brad-pitt-gq-style-cover-story has spoken out about his divorce and his observations of litigation which strongly align with our firm’s values and beliefs. “I heard one lawyer say, “No one wins in court—it’s just a matter of who gets hurt worse. And it seems to be true, you spend a year just focused on building a case to prove your point and why you’re right and why they’re wrong, and it’s just an investment in vitriolic hatred. I just refuse. And fortunately, my partner in this agrees. It’s just very, very jarring for the kids, to suddenly have their family ripped apart.” We could not agree with Pitt more. This is why our firm takes a different approach. We encourage separating parties to resolve their disputes in a non-invasive, less expensive, more respectful way and work hard to keep their disputes out of Court. We applaud Brad and Angelina for choosing to settle their differences without resorting to the long, unpredictable, expensive and emotional Court process. To learn more about alternative dispute resolution such as mediation and/or Collaborative Law, please contact our Family Law team by telephoning (08) 8212 1322 during business...

01 Apr

Posted at 00:00h in General

What does litigation really cost? I was sitting in Court recently waiting for my directions hearing to be called. A trial had been running before the same Judge and she was hearing cross-examination of the wife (who was self-represented) conducted by an experienced Barrister. The cross-examination focused on the wife’s spending as evidenced by bank statements from 2 years earlier. The wife was seen as evasive when she couldn’t recall what she had drawn funds to pay for – did I mention that the statements were from 2 years earlier?! The wife looked very stressed and was becoming more confused as the questioning progressed. It struck me yet again how artificial our litigation system is. I know I struggle to remember what I spent money on 2 weeks ago and yet here this lady was being expected to recall with accuracy her spending from years before – in circumstances where she was already very stressed and anxious and a lot was riding on the outcome of the proceedings. On another day recently, I learned of a litigant having to turn up for a trial and actively participate in circumstances where their parent had died that morning and they were too afraid to ask for...

01 Mar

Posted at 00:00h in Family Law

Bad mouthing, Denigration and other games people play that harm the children When families separate they often complain about each other exposing the children to derogatory comments about the other parent. Sometimes parents do bad mouth the other parent to the children and sometimes they bad mouth them in front of the children. Sometimes extended family members participate in this as well. This behaviour is very damaging to children who are already going through enough difficulty coming to terms with the fact that mum and dad are no longer together. Sometimes we are quick to be critical of parents who behave in this way but it is helpful to understand that although the behaviour is inappropriate, it sometimes comes from a place of hurt and high emotion at a time when the parent is struggling to manage their emotional state. This is not said to condone this behaviour but is said to try to understand it. The solution, if the matter is before the Family Court, is for the Court to make injunctions which are Orders directing a person not to denigrate the other parent to or in front of the child or children and not to allow others to do so. Whilst this...

01 Oct

Posted at 00:00h in General

At Belperio Clark we consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off – especially if they have children – using mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. The next seminar is on 19 October 2016 at 94 Sturt Street, Adelaide. Please call  (08) 8212 1322 to reserve a place or to find out about future events....

01 Sep

Posted at 00:00h in General

Written by Eugene Reinboth New legislation relating to contracts comes into effect on 12 November 2016. The outcome is that any standard contracts entered into, varied or renewed on or after this date will have new obligations imposed on its terms. The legislation will apply to contracts where: it is for the supply of goods or services or the sale or grant of an interest in land; at least one of the parties is a small business (employs less than 20 people) and/or the upfront price payable under the contract is no more than $300 000 (or $1 million if the contract is for more than 12 months). All contract terms must not be “unfair” and must be transparent, that is, expressed in reasonably plain language, legible, presented clearly; and readily available to any party affected by the term. What if a term is found to be ‘unfair’? Then the unfair term will not be binding on the parties. The rest of the contract continues to bind the parties unless the unfair term makes that impossible. Please review your standard contract terms and vary them, if necessary, so that they comply with the new requirements.  This will ensure that your contract terms remain binding. For further information about...

01 Sep

Posted at 00:00h in Family Law

Written by Bev Clark (Adelaide Family Lawyer) When humans experience adversity – such as loss of a job or the breakdown of an important relationship – they will often suffer grief and loss, anxiety, depression, hurt, pain, betrayal and a myriad of other emotions. This is totally understandable in the circumstances.  Normally, they will recover and heal and move on with their lives. They are willing to make compromises to resolve differences and settle conflicts. On the other hand, high conflict cases usually involve individuals who suffer from a personality disorder – the product of genetics, poor early childhood attachment, trauma, poor modelling or temperament – to name a few of the known roots of this problem. For those folk, they struggle at the best of times to manage their emotions so it is no surprise that when faced with adversity such as that associated with a relationship breakdown, their behaviour can add to the conflict in the case. When we are highly emotional, the part of our brain that controls rational thinking shuts down and the part of our brain designed to provide us with the ability to avoid danger – by flight or fight – kicks in. People with personality disorders can display a lack...

01 Aug

Posted at 00:00h in General

Written by Bev Clark (Adelaide Family Lawyer) Many people assume that going to Court is a good option for settling a dispute. They assume justice will be served if they go to Court. Most people know that Court is very expensive and can take a long time. What they might not realise, however, is that once Court proceedings commence, they can’t get out of that process unless either they reach an agreement with the other side, or a Judge makes a decision. Whilst they are in the Court process, there are many hearings and requirements that parties must attend to that are costly, and that parties may wish they didn’t need to fund -but they have no control over that. I find that many clients who are stuck in litigation feel powerless and most would love the process to end – or to never have begun – but that is not in their power to achieve unless they accept a completely untenable outcome if the other party is particularly difficult to deal with. There are other processes for dispute resolution besides Court. My advice is to only use Court as a last resort and, if at all possible, work in a less invasive, less expensive model of...

01 Aug

Posted at 00:00h in General

Written by Charlie Belperio Unfortunately, many people wait too long to put into place an effective Will, Enduring Power of Attorney and Advance Care Directive.  These documents set out what is to occur upon our death/loss of capacity.  Who will have control of our assets?  What directions etc do we make? Without these sorts of documents, in the event of our death, our assets are likely to be distributed in a way that does not reflect our wishes and further, there will be added expense and inconvenience to our loved ones. Loss of mental capacity without an Enduring Power of Attorney or Advance Care Directive will again expose loved ones to significant emotional and legal issues and is likely to result in Government bodies becoming involved in your affairs. We often see people who, due to the rapid progression of illness, leave it too late to put these documents into place and no longer have the mental capacity to do so.  It is always sad to see the anguish that loved ones find themselves in when this situation arises. Please make sure that you and your loved ones have a professionally prepared, up to date Will, Enduring Power of Attorney and Advance Care Directive.  Don’t...

01 Aug

Posted at 00:00h in Wills & Estates

A substantial number of people are now finding themselves being advised of an inheritance of either real estate or money in bank accounts located in foreign jurisdictions. Unfortunately, most of the general public are unaware or unsure of how to actually claim or obtain these inheritances.  Neither are government departments or a large number of the legal profession able to assist. This is a specialist area. It is important that people who find themselves in this position are aware of 2 fundamental facts: – almost certainly it will be necessary for you to engage a notary public; it will also be important to engage a notary who understands overseas civil law jurisdictions in the way in which that legal system operates as opposed to the Australian common law system. All Notaries Public must be lawyers in South Australia but not all lawyers are a Notary Public. If you do find yourself in the position of having to obtain a foreign inheritance or deal with foreign jurisdictions our notary Roy Hasda at Belperio Clark can assist in all the above matters and more. Roy has experience with Civil Law jurisdictions and speaks and writes Italian and French....

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