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Inside Family Law with Zoë Durand

78 Episodes
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Challenging valuations and value to owner valuations.
Launch event of the film with filmmaker Zoe Durand interviewed by Clare Rowe
Launch event of the film with filmmaker Zoe Durand interviewed by Clare Rowe and with speeches by The Hon Peter Rose AM QC and Judge Dale Kemp on the evening.
And also featuring Stephen Foley (Legal Ready), Anthony Marchese (Marchese Property Valuations), Katrene Halteh (Urban Family Lawyers), Anthony Strik (barrister), Roey Balbus (OperationsX), Naomi Ives (OurFamilyWizard) hosted at Clarence.
"A foundation of kindness" - Perpetua Kish on kindness in law at the 2024 FLENA conference.
Intention and purpose as a family lawyer.
"A foundation of kindness" in what we do.
Rule of law vs Role of law" from combat to kindness and what Pepe spoke about at the conference.
What is the purpose of this email/ letter etc - is it going to move the matter to resolution?
Mindset. Suspicious mindset vs curious mindset. Often in law we adopt a suspicious mindset. Asking questions with a curious mindset.
Words and letters we send - how words land. Composite letter (we have all received some of those truly terrible letters) and looking at the power of words.
Can we use different language in family law?
The future of the Kind Lawyers movement i.e overseas.
Reach Perpetua Kish at https://www.thekindlawyers.com/perpetua-kish
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"Level the playing field" - Jack O'Donnell on funding in family law matters and their latest survey results at the 2024 FLENA conference.
Jack O'Donnell on his career and role as co founder and co CEO of JustFund.
The goals of JustFund to level the playing field and assist parties that would otherwise struggle to pay legal fees.
The outcome of a recent survey by JustFund.
Around 40% of clients change legal representation i.e. clients "vote with their feet."
As much as outcome, the way a client is treated along the way matters. "A soft touch" helps or rather soft skills ie listening and clients feeling heard.
What is next for JustFund? There may be further services offered such as psychologist, counsellors etc as well as legal funding.
Reach Jack O'Donnell https://justfund.com.au/about-us/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"Intelligent questions" Paul Psaltis on how clients providing information actually is the beginning of engagement at the 2024 FLENA conference.
Context to Paul's career at Settify (CEO of Settify).
The forms that Settify provide for clients to fill in and how the types of questions adapt depending on what clients fill in. These are "intelligent questions" adapted to the client.
Data on how clients using such forms and providing information makes them more likely to retain solicitors.
The FLENA conference.
Reach Paul Psaltis https://settify.com/our-team/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"How that might impact their children" - Laura Donnelly on social media at the 2024 FLENA conference.
Context to Laura's career and work.
Anti publication laws and social media.
Posting on social media. Common mistakes clients may make in disclosing on social media.
How lawyers use social media to look up the other party etc.
Children's social media.
Reach Laura Donnelly at https://www.holmesdonnelly.com.au/who-we-are/laura-donnelly/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"That's sort of magic" - Christian Beck on how AI can resolve many pain points for family lawyers at the 2024 FLENA conference.
Leaps products the include AI
Matter AI
Law AI
The prompts AI in Leap uses.
Rapid uptake of AI by Leap users, around 25% are using Matter AI.
How the AI works with the file to locate documents and save hours of time. AI works to locate for example letters that relate to a certain issue and that is "sort of magic" in how much time is saved for lawyers. AI as being able to address the issues around how document dense family law is.
AI being used to help clients and help clients connect with the right lawyer for them.
Reach Christian Beck at https://www.leaplegalsoftware.com/leadership/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"Cognitive empathy" - Lara Wentworth on the space between clients and lawyers at the 2024 FLENA conference.
History of Lara's career.
Coaching Advocates.
Talk at the FLENA conference and emotional boundaries.
Risk of being too connected to clients and overwhelmed by their situation VS not connecting enough and being cold, clinical.
Emotional empathy VS cognitive empathy.
What is next for Coaching Advocates.
Reach Lara Wentworth at https://www.larawentworth.com.au/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"Clients are going to expect it" - Fiona Kirkman on AI in family law at the 2024 FLENA conference.
By 2027, 44% of our work in family law will have been altered by AI.
History of Fiona Kirkman's work in family law technology.
Soon clients will expect lawyers to have some understanding of how and when to use AI.
Matter AI and the legal prompts it uses and how the AI technology works.
Reach Fiona Kirkman at https://www.linkedin.com/in/fionakirkman/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"Divorce done differently" - Shelby Timmins on different approaches to family law at the 2024 FLENA conference.
History of Divorce Done Differently - one of the first models for one place where lawyers and clients could access quality alternative dispute resolution services.
Shelby's views on burnout, work life balance.
Collaborative approaches in family law.
The future of ADR and interdisciplinary approaches.
Reach Shelby Timmins at https://www.divorcedonedifferently.com.au/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"For what purpose, at what cost?" Grant Herbert on burnout in the legal profession at the 2024 FLENA Conference.
Grant's experience with burnout.
What is burnout? what causes it? How to heal from it?
For what purpose at what cost. When to say yes and no. The soft no.
Make your energy a resource that you value. You don't just give away your energy.
Making mindful decisions about where to place time and energy.
Reach Grant at https://www.grantherbert.com/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"The Reasons Behind" - Angelo Bistolaridis on the importance of understanding why people separate at the 2024 FLENA conference.
Statistics on why people end relationships.
Stages of grief process.
Hindu and Chinese marriage Acts.
Reasons for divorce.
No fault divorce. Benefits of this. However unintended flow on effect is we have depersonalised people. Not seeking to understand why people separate.
Healthy masculinity and how some men turn to drugs, alcohol, women, gambling and the gym - "for some reason they get into fitness.. they don't deal with the underlying issues".
Reach Angelo at https://myraaris.com.au/
Find out about FLENA at https://familylawedu.com.au/
Reach interviewer Zoe Durand at www.mediationanswers.com.au
"the wider family law umbrella" why Rafton's sponsor at Pacifica Congress, Cairns, 2024
Sponsoring coffee cart at Pacifica Congress.
RAMP - Rafton's Arbitration and Mediation Practice
Maurice Edwards, and his role at RAMP
sponsorship and importance of interdisiplinary conferences with input from social scientists and psychologists and all those in the wider family law umbrella.
History of Rafton's and Kate's legal career.
offices - Hawkesbury, Penrith, Glenmore Park, Macarthur office, Sydney, Parramatta office. Balmain - care and protection.
Discussion of arbitration. Why is there reluctance to recommend Arbitration? Some practitioners may have a lack of confidence re the process. Maurice Edwards
Kate's interest in the coverage of blended families at the conference. Difference parenting styles, attachment issues. Time arrangements.
https://rafton.com.au/
https://pacificacongress.org/
Dr Leo Schep
Analysing hair, urine and blood tests.
You can usually tell if someone is using medical marujiana or if there is recreational use based on the results.
Timelines for how long tests can work - urine, blood vs hair follicle tests AND also depends on the type of the drug (this is a must listen to).
"What implication does that have on the impairment of the individual?"
If someone uses a drug once does it show up in the test? May be a small blip on the test. You cannot correlate back to a dose, but some studies can bracket results in low, medium, high.
Leo says you can get an estimate of drug use in a test. CDT testing (alcohol use).
Benefits and negatives of various tests - hair, blood, urine. Understanding what each test offers.
What should lawyers include in the instructions to a toxicologist. "We can form a conclusion with caveats" from drug testing.
What killed Alexander The Great? (Interesting discussion).
Illustrating the importance of cross disciplinary discussions.
www.pacificacongress.org
https://www.toxinform.com
"Coming home" with Dr Phil Watts at the Pacifica Congress Cairns 2024, on value of Pacifica Congress Conference, cross examination and norms in psychological tests
Burn out. People are overloaded. Due to a lack of appreciation. Most people are not appreciative of what we do.
Importance of support network. Brintyn shared his experience of what did and did not work. We do work in a risk zone. What can we do to manage risk.
When cross examining an expert, key part is psychological tests are normed on a group of people. Westernised, English speaking people.
Test may be of low validity if they have little connection with Anglo Australian background.
Ask who was the test normed on? Looking at the presupposition of why the test was administered.
Value of Pacifica Congress conference. "A bit like coming home." Where 100% of the content was relevant.
"Tell me more", Dr Phil Stahl on report writing at Pacifica Congress Cairns 2024
Phil Stahl on report writing and helping report writers to develop a method for how they write reports.
Looking at the strengths and weaknesses of the report.
What are the common issues with reports?
Across the board one of the issues is a lack of depth. For example ask the parent why they are concerned. Why they believe certain things. What they know about their children's needs and how to meet those needs.
Sometimes reports don't tie the connection between the issues they are evaluating and parenting and co parenting.
Also some reports do not have a forensic mindset. We need to question more.
Ask "Tell me more" or "help me understand".
Need to have risk benefit analysis of different parenting plans. Making recommendations.
Also toxicity in working in family law space. What can help address the toxicity? More peacefulness, more collaborative approaches.
Rather than a system of blame instead move to problem solving and being future focused.
"What do you think your child needs when all of us are out of your life?" Get the parents in the mindset of problem solving.
Rather than have them "be right" have them do right. Each individual has a role to play in solving the problems.
Peacefulness. Can we lover the temperature. Move from this to this.
"The Outcomes for Families" - Amanda Little at Pacifica Congress, Cairns, 2024
The value of interdisciplinary conferences. We are constantly "Calling on all the other knowledge" . The value in family law of understanding other areas. Interdisciplinary referrals. Collaboratively working with each other.
Family Law Education Network is also finding that other professionals have jointed FLENA. Family law professionals.
History of FLENA. Precedents services that FLENA offers. Also discussion of AI.
www.pacificacongress.org
https://familylawedu.com.au/
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