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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...

[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...

  COMMERCIAL LEASES When: Wednesday, 10 October 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/commercial-leases-tickets-49074267455) or Belperio Clark Lawyers Venue: Don Pyatt Hall, 175 The Parade, Norwood SA 5067 If you are running a small business, you will likely need to negotiate a commercial lease at some stage. Commercial leases are a significant cost and ongoing liability to small business. Landlords often have significant bargaining power when negotiating the lease. Understanding the basics and what to look for in a lease will assist small business owners in avoiding detrimental terms and managing risk when negotiating rent. Belperio Clark Lawyers presents this free information session outlining negotiating commercial leases, understanding the lease agreement, and what to do when you have a problem.   FRANCHISEE RIGHTS AND THE FRANCHISING CODE When: Wednesday, 14 November 2018 at 5:30PM – 7:00PM Registration through: Eventbrite (https://www.eventbrite.com.au/e/franchisee-rights-the-franchising-code-tickets-49074410884) or Belperio Clark Lawyers Venue: Belperio Clark Lawyers, 94-98 Sturt Street Adelaide SA 5000 When buying into a franchise, it is important to have clear expectations on the franchisor and the relationship. Franchise contracts often place significant obligations on franchisees, but can be quite hard to navigate. The 2018 Senate Inquiry into franchising has highlighted many issues surrounding franchisor conduct and disputes in franchising. It is crucial for franchise owners to understand how franchising works and their options...

Written by Eugene Reinboth  The ever popular Aretha Franklin died recently and has been making media headlines including in The Sydney Morning Herald. It has been reported that she died without making a Will or preparing a Trust in relation to her large estate, reportedly in excess of $100 million. As commonly occurs, family tend to commence Court proceedings. Her four sons have apparently commenced such proceedings. There is a niece involved as well. She is seeking appointment as Ms Franklin’s personal representative of the estate. Ms Franklin’s lawyer has publically expressed the view that he had been trying to get Ms Franklin to create a Trust, but was unsuccessful. This would have kept matters private. Her personal affairs have now however become public. Her lawyers also reportedly mentioned another well-known musician, Ike Turner, whose estate is still being litigated 11 years after his death. Such litigation depletes the estate. Furthermore, it delays the distribution of the estate. It is often stated that there are two certainties in life – death and taxes. Most will attend to preparation of their income tax returns. It is also important to prepare a Will and associated documents. This, so that financial and property matters can...

What is death literacy? It is the practical know-how needed to plan well for the end of life. This may sound strange, but it is an important issue as 75% of Australians have not had end of life discussions. As the number of Australians aged 65 and over doubles by 2050, improving our death literacy is even more important. Dying to Know Day was last week on the 8th of August and was the sixth annual ‘Dying to Know Day’ aimed at encouraging Australians to discuss death and make appropriate arrangements for when you pass away. Preparing for the end of a life may seem foreign and uncomfortable but it is a necessary and serious process. The key features of planning for death should include a Will, an Enduring Power of Attorney, and an Advanced Care Directive for health decisions. Everyone’s situation is different. Do you have assets? Do you have children or step-children? Will your superannuation form part of your estate when you die? Seeking proper advice for your Will ensures that what you want to happen to your assets is what is directed. An Enduring Power of Attorney ensures financial decisions can be made for you in the event of incapacitation...

At Belperio Clark we pride ourselves on finding the best possible solution for our clients. Our family law solicitors handle all aspects of family and de facto law matters. We recognise that leaving a relationship is stressful, especially if there are children involved. There are usually financial, emotional, and legal issues that need to be addressed. You may only separate once, but we deal with relationship breakdowns everyday. We can provide you with the support and legal assistance that you require to act for yourself, and if you reach an agreement we can prepare the necessary documents to have it formalised. Alternatively, we can handle your matter from start to finish. Our family lawyers are experienced professionals who can guide you through the separation process with care and understanding. We provide a high level of service that is cost effective and resolution focused. We are experienced at resolving disputes both in and out of Court, but we see Court as a last resort. We will help you to choose the dispute resolution process that is best for your family. We are not like other lawyers, and we are proud of that. Let our family help yours. Here's some recent feedback that one of our experience family law...

In many separations, children find themselves caught between their parents, and it is well documented that prolonged exposure to parental conflict can have a significant impact on their wellbeing. The ability to properly communicate with your former spouse in relation to parenting matters is critical in promoting your child’s best interests, and luckily modern technology is making communication between separated parents easier. There are several apps on the market designed to assist parents. Using an App to communicate with your former spouse can have significant advantages over older methods. Many parents that find it difficult to communicate directly have relied on a "communication book". The book is generally passed between the parties at handover of the children, often by the children themselves. Unfortunately the communication book may not always work as intended, and some potential issues include: Children may realise that the book being regularly passed between their parents is about them, only serving to highlight the dispute between them. Children may read the book. Writing abuse, swear words, and/or other aggressive messages about each other in the book is a trap that disgruntled parents often find hard to resist. The book may also end up in front of a judge,...

Free Relationship Breakdown Seminar Our next Free Relationship Breakdown Seminar is running on the 18th of July 2018! Have you booked your spot? Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers 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. Come along on to our next free family law seminar on Wednesday the 18th of July 2018 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Book your spot today! Call us on 08 82121322 to reserve a spot or to...

  Eugene Reinboth This is one of the many lovely reviews we've received about Eugene Reinboth. Keep reading to find out more about Eugene. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well as representing individuals, Eugene acts for companies, small businesses, partnerships, franchisors, franchisees, not for profit organisations, restaurateurs, landlords and tenants. He also regularly represents owners and builders in disputes arising from building and construction contracts. Eugene speaks and writes Hindi and has a good understanding of India’s culture and business environment. Over the years, Eugene has tutored and lectured in various law subjects. He currently lectures in Corporations Law at Federation University’s Adelaide Campus. In his spare time, he...

  Written by Bev Clark  At the beginning of a relationship, when both parties have love in their hearts and rose coloured glasses firmly planted on their face, neither party is anticipating the possibility that the relationship may fail. The reality is however, that a high proportion of relationships will indeed fail. The most common reasons for failure, not necessarily in order, are: Financial Incapacity – Not everyone has the same relationship with money, and if parties to a relationship are incompatible in this regard it is not surprising that it can be a source of contention in a relationship. If one party lives for the moment and spends what they earn and the other party prefers to live frugally and within their means, saving funds for the future, then arguments are going to ensue. In the ideal world, couples will have discussed their financial goals and have a good understanding of their financial habits prior to making a commitment to each other. Often, however, they do not openly discuss these things and only discover the incompatibility when the relationship is underway. Addiction – Addiction comes in many forms. It could be illegal substances, alcohol, pornography, gambling or prescription medication. It could be an obsession...

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