Australian Solicitor Reprimanded for Advising Client to “Ignore” Hearing Date Lawyers Weekly Reports, that in a recent Western Australia case, a Family Lawyer was publicly reprimanded by the Western Australian State Administrative Tribunal (‘WASAT’) for intentionally delaying divorce proceedings and advising his client to disregard the hearing. The Solicitor was accused of deliberately seeking to delay the divorce proceedings. Lawyers Weekly reported that in the course of acting for this Family Law client, the Solicitor did the following: assured a Registrar that he would file an Affidavit from the client and failed to do so; did not file a Notice of Acting despite being aware that the client had informed the Registrar that he would do so; and advised the client to ‘ignore’ the hearing date failed to appear at the next hearing date for the proceedings. This conduct by the Solicitor was considered by WASAT to amount to professional misconduct within the meaning of section 403 of Legal Profession Act 2008 (WA) (‘the Act’). The finding of professional misconduct was compounded by additional criticisms. The Solicitor was faulted for transferring the client's case to another firm without adequately informing the client or respecting her autonomy in choosing her own legal representation. The client also alleged that she was unaware of the Divorce Order made in August 2018, indicating a breakdown in communication and transparency. In response to these findings, WASAT imposed a public reprimand, a substantial fine of $18,000, and mandated the Solicitor to cover the Legal Services and Complaints Committee's (LSCC) costs totalling $6,000. This serves not only as punitive action but also a stark reminder of the professional obligations and ethical standards that Solicitors are expected to uphold. Under the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) (‘Solicitors' Conduct Rules’) Solicitors have an ethical duty to act in the best interest of a client and deliver legal services competently, diligently and promptly. A Solicitor also has a paramount duty to the court and the administration of justice. A breach of these rules can constitute unsatisfactory professional conduct or professional misconduct, subjecting solicitors to disciplinary measures by regulatory authorities. Professional misconduct is defined within the Act to mean unsatisfactory professional conduct involving a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence. Professional misconduct is therefore a more severe finding under the Act than mere unsatisfactory professional conduct and attracts higher penalties for Solicitors. The Solicitor's failure to fulfill fundamental duties, such as filing necessary documents and appearing in court, not only compromised the client's interests but also hindered the judicial process. Such lapses were deemed inconsistent with maintaining a reasonable standard of competence and diligence, constituting professional misconduct. In essence, the case underscores the critical role played by the Solicitor Conduct Rules and disciplinary bodies in safeguarding clients' interests and upholding the integrity of the legal profession and the justice system. These mechanisms serve as essential safety nets, ensuring accountability and maintaining public trust in legal practitioners. [...]

Understanding the Family Law Amendment Act 2023: Key Changes Effective May 6, 2024 The landscape of Family Law in Australia has undergone significant reform with the commencement of the Family Law Amendment Act 2023 on May 6, 2024. These changes, aimed at ensuring the best interests of Children and promoting efficiency in family law proceedings, bring about several crucial amendments that both legal practitioners and families need to be aware of. Transition from 'Equal Shared Parental Responsibility' to 'Joint Decision Making' One of the most notable changes is the repeal of the of presumption of equal shared parental responsibility.  Equal shared parental responsibility requires that parents make joint decisions in relation to major long-term issues (such as education, religious and cultural upbringing, health, name and significant changes to living arrangements). Previously under Act there was a presumption that parents equally shared Parental Responsibility, unless the presumption is rebutted (repealed s 61DA Family Law Act (Cth) 1975). Under the amendments, the Court can no longer presume that equal shared parental responsibility is in the best interests the Child. Instead, whether equal shared parental responsibility applies, is decided according to the Child’s best interest. Parenting Orders may still deal with the allocation of responsibility for making decisions about major long term issues in relation to the Child (section 64B(3)). The amendments clarify that that if a 'joint decision making' order is made, it requires the parties to consult and make a genuine effort to agree as to long term decisions, however, there is no requirement that the decision be made jointly (s 61DAA). Under the new section 61CA, parents are now generally encouraged to consult each other about major long‑term issues in relation to the Child and in doing so are required to have regard to the best interests of the Child as the paramount consideration. Introduction of "Best Interests" Framework The Amendment Act introduces a revamped "best interests" framework which provides that when determining the parenting arrangement in the best interest of the Child, the Court now considers the following factors: Promoting the safety of the Child and all caregivers, including protection from family violence, abuse, neglect, or other harm. views expressed by the Child. developmental, psychological, emotional, and cultural needs of the Child. capacity of each caregiver to meet the Child's developmental, psychological, emotional, and cultural needs. the benefit to the Child of maintaining relationships with parents and other significant individuals, provided it is safe to do so. Taking into consideration any other relevant circumstances specific to the Child's situation. The amended framework removes the previous primary and additional consideration’s structure, which gave paramountcy to the Children benefiting from a meaningful relationship with their parents and being protected from harm. In the amended framework, the concept of a "meaningful relationship" no longer holds prominence, while a broader emphasis on the "promotion of safety" takes precedence over the need to protect the Child from physical or psychological harm. These amendments are intended to offer a more flexible approach tailored to [...]

Navigating Family Law Property Settlements: The Impact of Gambling Activities Introduction: Family law property settlements are intricate processes that involve the fair division of assets between separating parties. When one or both individuals have engaged in gambling activities during the course of their relationship, it introduces a layer of complexity to the settlement proceedings. This article explores the impact of gambling activities on family law property settlements and provides insights into how individuals can navigate these challenges. Financial Disclosure and Transparency: One of the obligations in Family Law property settlements is the requirement for full financial disclosure. According to Rule 6.06 of the Family Law Rules, parties must disclose all sources of earnings, including income from gambling. This includes detailed information about property disposals made in the period surrounding separation, ensuring transparency in the assessment of each party's financial position. Entertainment Vs Wastage- Legal Perspectives: Family law recognises that personal life activities, such as gambling, can be considered a form of entertainment. The case of De Angelis and De Angelis [1999] FamCA 1609 (FC) established that spending money on activities like gambling should not be criticised any more than spending on other forms of entertainment, such as sports. However, the impact of gambling on Family Law property settlements becomes significant when it gives rise to a wastage claim. Generally, financial losses incurred by parties or either of them in the course of a marriage whether such losses result from a joint or several liability, should be shared by them (although not necessarily equally). Wastage, as defined by the landmark case of Kowaliw & Kowaliw [1981] FamCA 70, occurs where: where one of the parties has embarked upon a course of conduct designed to reduce or minimise the effective value or worth of matrimonial assets, or where one of the parties has acted recklessly, negligently, or wantonly with matrimonial assets, the overall effect of which has reduced or minimised their value. For example, Alex and Susan separate after 10 years of marriage. Alex and Susan are a couple of reasonable means. They earn a combined income of $190,000 per year and own several investment properties: Over the course of the relationship Susan gambles and loses $100,000. Susan has to refinance the martial home to fund her gambling habit. This conduct is likely to give rise to a wastage claim. Susan gambles recreationally on the weekends. She will put $250 in the pokies or place a $100 bet on a horse and often buys a lottery ticket. Susan wins some and loses some, but she loves the excitement of playing. This conduct is unlikely to give rise to a successful wastage claim as it does not satisfy the threshold of recklessly, negligently, or wantonly conduct. Alex is a semi-professional poker player. Alex spends his weeknight playing poker at the local casinos and weekends travelling to poker games. Alex has a separate bank account for his poker ‘side hustle’. Alex’s is sure his winnings outweigh his losses. In fact, Alex calculates that [...]

10 TIPS FOR LOOKING AFTER YOUR MENTAL HEALTH DURING FAMILY LAW PROCEEDINGS It is well known that family law proceedings are incredibly stressful for all parties involved. Particularly for parties to parenting and/or property matters, court proceedings are emotionally draining and incredibly stressful. The legal complexities and personal dynamics involved in matters such as divorce, care arrangements for children, and property settlement can take a toll on your mental health. Taking proactive steps to care for your well-being during this process is crucial. Here are 10 tips to help you navigate family law proceedings while safeguarding your mental health. Establish a Support System: Surround yourself with a network of friends and family who can offer understanding, encouragement, and a listening ear. Sharing your thoughts and feelings with trusted individuals can help alleviate stress and provide a sense of connection. If you can, speak with someone who has gone through family law proceedings before and can empathise with your experience. Set Realistic Expectations: Family law proceedings can be unpredictable. Set realistic expectations for the process and outcomes, understanding that it may take time to reach a resolution. Ask your Family Lawyer to give you realistic advice of what to expect in terms of time frames and potential final outcomes. Be patient and focus on managing your expectations to reduce unnecessary stress. Don’t hesitate to ask you Family Lawyer questions if you are feeling unsure. Practice Self-Care and Mindfulness: Prioritise self-care activities that promote physical and mental well-being. This includes regular exercise, a balanced diet, sufficient sleep, and activities you enjoy. Taking care of your overall health can enhance your ability to cope with the challenges of family law proceedings. Incorporate mindfulness and relaxation techniques into your routine to manage stress and anxiety. Practices such as meditation, deep breathing, or yoga can help you stay grounded and focused during emotionally charged situations. Stay Informed, but Avoid Overexposure: Stay informed about the legal aspects of your case but be mindful of not obsessing over every detail. Set designated times to review updates and respond to your Lawyer. Try to avoid constant exposure to legal matters to prevent unnecessary anxiety. Seek Professional Support: If you are struggling, consider consulting with a mental health professional, such as a therapist or counsellor, to provide emotional support and coping strategies. Even just a couple of sessions with a mental health professional may help institute effective coping strategies for the duration of your family law matter. Maintain Clear Communication: Open and clear communication is essential during family law proceedings. Establish appropriate and healthy communication channels with your Family Lawyer, ex-partner (if necessary), and any involved parties. This can help prevent misunderstandings and unnecessary conflicts. If you are still in contact with your ex-partner or their family members (for example for co-parenting or business purposes) your Family Lawyer may be able to assist you in establishing healthy communication. Reaching out to your Family Lawyer for assistance on if or how to respond can help prevent avoid emotionally charged [...]

Untying the Knot: Navigating Divorce and Separation Amidst Rising Costs In an era characterized by escalating living costs and housing crises, the financial toll of divorce or separation in Australia has taken on new significance. Couples are grappling with the reality that parting ways might not just cost them emotionally, but financially as well. As a result, a growing trend has emerged: couples who choose to remain living together despite their decision to separate. This article delves into the dynamics of this unique situation and provides guidance on how to mitigate family law costs during divorce or separation. As divorce rates continue to be a significant aspect of contemporary society, understanding the factors that influence the cost of divorce in Australia is crucial. The insights provided by The Guardian's article shed light on the complexities of divorce expenses, ranging from legal fees to court charges and property division. While divorce is undoubtedly an emotionally challenging process, being aware of the financial aspects and potential avenues for cost reduction can help individuals navigate this challenging chapter with greater clarity and preparedness. Whether opting for legal representation or pursuing alternative dispute resolution methods, individuals can approach divorce proceedings with a better understanding of the potential financial implications. Tips to Keep Your Family Law Costs Down Communication and Mediation: Open dialogue and effective communication can lead to better negotiation outcomes, potentially avoiding costly court battles. Mediation provides a platform for couples to collaborate on decisions related to property division, child custody, and financial arrangements. Consulting Professionals: Seeking advice from family law attorneys and financial advisors can help couples understand their legal rights, obligations, and potential financial impacts. Their expertise can lead to more informed decisions, potentially saving both time and money. Alternative Dispute Resolution: Collaborative divorce, arbitration, and other alternative dispute resolution methods can streamline the separation process, reducing legal fees and court expenses. Agreeable Settlements: Striving for mutually acceptable settlements can alleviate the need for protracted legal proceedings. Couples can explore fair compromises that address the interests of both parties. Documentation: Organizing and providing accurate financial documentation, including assets, debts, and income, can expedite the legal process and prevent unnecessary disputes. Balance Sheet of Assets and Debts: Compile a comprehensive list of assets, such as property, vehicles, investments, and debts, including mortgages, loans, and credit card balances. Financial Support: Determine child support and spousal maintenance arrangements in accordance with Australian family law guidelines. Ensuring financial stability for both parties is crucial. Property Division: Evaluate property ownership, mortgages, and equity distribution. Seek legal advice to understand the most equitable approach to dividing marital assets. The most importance part of Property Division is realising and setting both achievable and manageable expectations when it comes to possible divisions of an overall property pool. Parenting Arrangements: Establish clear and practical arrangements for child custody, visitation, and support. Focusing on the children's best interest’s in this respect is paramount. Updating Legal Documents: Revise wills, beneficiary designations, and other legal documents that may require amendments due to [...]