This family law webinar for counsellors explains why client confidentiality is a crucial part of practising as a relationship counsellor and yet it is widely misunderstood. With the increasing role of mediation and other forms of dispute resolution, the provisions of the Family Law Act have come under increasing scrutiny.
How do you best keep notes? What to do when disclosures are made to you? These and other topics will be addressed in this webinar. We can help you to better help your clients.
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Closing the Gap – The delivery of Family Dispute Resolution to Aboriginal and...FRSA Communications
This document provides an overview of family dispute resolution (FDR) services and their delivery to Aboriginal and Torres Strait Islander (ATSI) people in Australia. It discusses how FDR was introduced to help separating parents resolve disputes outside of court, which can be costly and prolong conflict. However, it notes that ATSI people face barriers to accessing these important services. The document examines ways to improve access and delivery of culturally appropriate FDR to ATSI communities.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
Achieving permanency for foster children through concurrent planning. Guides outline case planning that includes reunification for families and steps leading to adoption when reunification is not an option.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
Slides for a presentation I am giving in August, 2013 on legal issues impacting GLBT individuals in Pennsylvania. This is a very broad overview. It includes a look at the impact of DOMA
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Closing the Gap – The delivery of Family Dispute Resolution to Aboriginal and...FRSA Communications
This document provides an overview of family dispute resolution (FDR) services and their delivery to Aboriginal and Torres Strait Islander (ATSI) people in Australia. It discusses how FDR was introduced to help separating parents resolve disputes outside of court, which can be costly and prolong conflict. However, it notes that ATSI people face barriers to accessing these important services. The document examines ways to improve access and delivery of culturally appropriate FDR to ATSI communities.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
Achieving permanency for foster children through concurrent planning. Guides outline case planning that includes reunification for families and steps leading to adoption when reunification is not an option.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
Slides for a presentation I am giving in August, 2013 on legal issues impacting GLBT individuals in Pennsylvania. This is a very broad overview. It includes a look at the impact of DOMA
LawSense Conference 2015 - DUTY OF CARE FOR MENTAL HEALTH PRACTITIONERS Kerry O'Brien
This document summarizes a presentation on the duty of care for mental health practitioners. It discusses how the duty of care arises under statute and common law, and defines it as a legal obligation to act with reasonable care that could impact others. It provides an example case study where a practitioner was found negligent for not properly advising a patient of risks. The presentation stresses the importance of documenting decisions thoroughly and seeking advice when uncertain to manage risks and avoid legal and professional consequences of breaching the duty of care.
Recorded on Thursday, April 12, 2012. This webinar is Part II of a two-part review of issues related to immigration, women, and children. It discusses situations involving immigration and family issues that may arise for non-citizen women and their children. It looks at situations such as non-citizen women with Canadian-born children, and sponsorship when relationships break down. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Raoul Boulakia, a lawyer and certified specialist in Immigration, Refugee and Citizenship law. Those not already familiar with basic concepts related to immigration status should review Immigration, Women, and Children: Part I - Basic Concepts.
Watch an archived version at:
http://yourlegalrights.on.ca/webinar/immigration-women-and-children-part-ii-%E2%80%93-sample-situations
The Georgia Child Welfare Legal Academy hosted The Honorable J. Russell Jackson and The Honorable John Sumner who presented their findings and recommendations for Children in Need of Services.
The key to good family law decision making and outcomes - Information sharing...FRSA Communications
The document discusses improving coordination between the family law, child protection, and community sectors when dealing with complex family cases involving issues like family violence, substance abuse, and mental health. It analyzes these sectors through the lens of a case study about a family ("Family X") experiencing these issues.
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Basics of Estate Planning and Special Needs Trusts with special guest speaker...mitoaction
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Stacy Rocheleau Owner of Rocheleau Law Group released Divorce and Child Custody Guide for those who suffering for divorce issues. If you are not able to resolve the issue of custody, support or property, hiring a Divorce Lawyer can help you with contested divorce. Call 702-914-0400
In addition to the standards set by the Missouri Supreme Court, the American Bar Association set even more detailed standards in 2003 for attorneys who would serve in this fashion as a quasi-judicial arm of a court.
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This presentation was used for the Bridge the Gap CLE at Fordham Law School in January 2015. I co-presented with another family lawyer. My part of the presentation covers the jurisdictional differences between Supreme Court and Family Court, the different divorce paths in New York (e.g., contested divorce, uncontested divorce), Notice of Automatic Orders, matrimonial agreements (e.g, prenuptial agreements), grounds for an annulment and grounds for a divorce, equitable distribution, child support and spousal maintenance.
Family Lawyers and Mediators Australia _ Parenting Plans .pptxAus Asia Online
Family Lawyers & Mediators Australia is a leading legal firm specialising in family law matters. With a team of skilled lawyers and mediators, we are dedicated to helping families navigate the challenging terrain of family law with compassion and expertise. At Family Lawyers & Mediators, we offer a comprehensive range of legal services tailored to your specific needs. From family law matters to criminal law cases, wills and estate planning, conveyancing and property law, civil litigation, and mediation and dispute resolution, our skilled lawyers have the experience to advocate for your best interests. What sets us apart is our commitment to providing fresh perspectives and child-focused legal advice when it comes to parenting matters. We know that the decisions made today have a lasting impact on your family, and we are here to help you make informed choices.
This document provides instructions for a parent orientation presentation for court-mandated child custody mediation. The presentation is divided into several sections that cover important terms, the legal process, tips for effective mediation, how divorce affects children, and answers to frequently asked questions. It emphasizes preparing parenting plans, the child's best interests, and making the mediation process as cooperative as possible.
An Evaluation of the Effectiveness of Legally Assisted Family Dispute Resolution.
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Property & Financial Maintenance, Child Related Proceedings, and Divorce - ...Havilah Legal
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- Parenting orders can be applied for by either parent, the child, a grandparent, or anyone concerned with the child's welfare, as long as they are present in Australia, an Australian citizen, or ordinarily reside in Australia.
- Divorce applications require
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Michael Lynch Family Lawyers presented on parenting arrangements and the Family Law Act. They discussed that most separated couples are able to make informal verbal agreements but can document parenting plans or seek consent orders. If agreements cannot be reached, the Family Court determines arrangements based on the best interests of the child and considers children's relationships with both parents and risks of harm. The presentation also covered parental responsibility, domestic violence considerations, and obtaining evidence like subpoenas and affidavits for family law and domestic violence cases.
Commercial disputes are certain issues that need to be addressed as soon as possible. Consult primedm.com.au for a commercial mediation, to sort out your problems.
Property disputes are awfully bad and they should be sorted as soon as possible. Visit primedm.com.au for the best solution in the form of property mediation.
Property disputes are awfully bad and they should be sorted as soon as possible. Visit primedm.com.au for the best solution in the form of property mediation.
Disputes can come up in any field of work and construction is no exception. If you are facing the same and want construction dispute resolution, visit primedm.com.au.
Our family lawyers provide expert legal service with a degree of care and sensitivity not always apparent in family lawyers. We have family lawyers to covers most regions of Sydney, but specialise in family law Liverpool, Bankstown, Campbelltown, Blacktown, Penrith, and Parramatta.
LawSense Conference 2015 - DUTY OF CARE FOR MENTAL HEALTH PRACTITIONERS Kerry O'Brien
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Recorded on Thursday, April 12, 2012. This webinar is Part II of a two-part review of issues related to immigration, women, and children. It discusses situations involving immigration and family issues that may arise for non-citizen women and their children. It looks at situations such as non-citizen women with Canadian-born children, and sponsorship when relationships break down. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Raoul Boulakia, a lawyer and certified specialist in Immigration, Refugee and Citizenship law. Those not already familiar with basic concepts related to immigration status should review Immigration, Women, and Children: Part I - Basic Concepts.
Watch an archived version at:
http://yourlegalrights.on.ca/webinar/immigration-women-and-children-part-ii-%E2%80%93-sample-situations
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The key to good family law decision making and outcomes - Information sharing...FRSA Communications
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The sectors make different assumptions and have different focuses - the community sector provides support services, child protection investigates risk of harm, and the family court makes decisions based on evidence. This can lead to a lack of information sharing and understanding between the sectors. The document proposes improvements like better safety assessments, case management protocols, cross-sector training, and clearer guidelines for expert reports to help the systems work together more effectively for children and families
Basics of Estate Planning and Special Needs Trusts with special guest speaker...mitoaction
This document provides an overview of special needs trusts and their importance for estate planning when a beneficiary has a disability. It discusses the two main types of special needs trusts - first party trusts funded with the disabled person's assets, and third party trusts funded by other people. These trusts are important because they allow beneficiaries to maintain public benefits eligibility despite receiving distributions from the trust. The document also covers selecting and funding a special needs trust, and the responsibilities of a special needs trust trustee.
Stacy Rocheleau Owner of Rocheleau Law Group released Divorce and Child Custody Guide for those who suffering for divorce issues. If you are not able to resolve the issue of custody, support or property, hiring a Divorce Lawyer can help you with contested divorce. Call 702-914-0400
In addition to the standards set by the Missouri Supreme Court, the American Bar Association set even more detailed standards in 2003 for attorneys who would serve in this fashion as a quasi-judicial arm of a court.
Questions remain as to whether any GALs in St. Louis County are even aware of this document.
Family law practice involves more than just litigation. It often requires counselling clients through emotional issues, helping with social problems, and addressing criminal matters like domestic violence. Various organizations advocate for a non-adversarial, problem-solving approach focused on the best interests of children and families. Mediation and alternative dispute resolution are emphasized as ways to settle family disputes in a constructive manner.
This presentation was used for the Bridge the Gap CLE at Fordham Law School in January 2015. I co-presented with another family lawyer. My part of the presentation covers the jurisdictional differences between Supreme Court and Family Court, the different divorce paths in New York (e.g., contested divorce, uncontested divorce), Notice of Automatic Orders, matrimonial agreements (e.g, prenuptial agreements), grounds for an annulment and grounds for a divorce, equitable distribution, child support and spousal maintenance.
Family Lawyers and Mediators Australia _ Parenting Plans .pptxAus Asia Online
Family Lawyers & Mediators Australia is a leading legal firm specialising in family law matters. With a team of skilled lawyers and mediators, we are dedicated to helping families navigate the challenging terrain of family law with compassion and expertise. At Family Lawyers & Mediators, we offer a comprehensive range of legal services tailored to your specific needs. From family law matters to criminal law cases, wills and estate planning, conveyancing and property law, civil litigation, and mediation and dispute resolution, our skilled lawyers have the experience to advocate for your best interests. What sets us apart is our commitment to providing fresh perspectives and child-focused legal advice when it comes to parenting matters. We know that the decisions made today have a lasting impact on your family, and we are here to help you make informed choices.
This document provides instructions for a parent orientation presentation for court-mandated child custody mediation. The presentation is divided into several sections that cover important terms, the legal process, tips for effective mediation, how divorce affects children, and answers to frequently asked questions. It emphasizes preparing parenting plans, the child's best interests, and making the mediation process as cooperative as possible.
An Evaluation of the Effectiveness of Legally Assisted Family Dispute Resolution.
Presented at the FRSA National Conference, Brisbane Convention Centre, November 2015 by Ms Kristen Poel and Ms Jenni Dickson.
This document summarizes the services provided by the law firm Hall & Hall, which has served clients in the Richmond area since 1969. It introduces the firm's founding partners and three other attorneys, describing their areas of focus. It then provides an overview of the types of legal services offered, including wills, estates, trusts, family law, elder law, guardianships, divorces, prenuptial agreements, and custody and support issues. The document addresses some frequently asked questions about Virginia divorce and family law.
Property & Financial Maintenance, Child Related Proceedings, and Divorce - ...Havilah Legal
This document discusses eligibility requirements for applying for different types of family court orders in Australia, including:
- Property and financial maintenance orders require parties to a marriage to be Australian citizens, ordinarily reside in Australia, or be present in Australia when applying. Parties to a de facto relationship must have lived together for 2+ years, have a child together, one party made substantial contributions, and one party must reside in WA when applying.
- Parenting orders can be applied for by either parent, the child, a grandparent, or anyone concerned with the child's welfare, as long as they are present in Australia, an Australian citizen, or ordinarily reside in Australia.
- Divorce applications require
CP Mediation has been awarded a Legal Aid contract for family mediation services. Their mediator Christine is qualified and accredited to provide these services. Mediation can help resolve issues around separation or family breakdown, including child arrangements and finances, in a constructive way without going to court. It provides a neutral forum where views can be shared, with the goal of helping people reach their own solutions to move forward. Mediation may be available at no cost if qualifying for Legal Aid funding.
Michael Lynch Family Lawyers presented on parenting arrangements and the Family Law Act. They discussed that most separated couples are able to make informal verbal agreements but can document parenting plans or seek consent orders. If agreements cannot be reached, the Family Court determines arrangements based on the best interests of the child and considers children's relationships with both parents and risks of harm. The presentation also covered parental responsibility, domestic violence considerations, and obtaining evidence like subpoenas and affidavits for family law and domestic violence cases.
Commercial disputes are certain issues that need to be addressed as soon as possible. Consult primedm.com.au for a commercial mediation, to sort out your problems.
Property disputes are awfully bad and they should be sorted as soon as possible. Visit primedm.com.au for the best solution in the form of property mediation.
Property disputes are awfully bad and they should be sorted as soon as possible. Visit primedm.com.au for the best solution in the form of property mediation.
Disputes can come up in any field of work and construction is no exception. If you are facing the same and want construction dispute resolution, visit primedm.com.au.
Our family lawyers provide expert legal service with a degree of care and sensitivity not always apparent in family lawyers. We have family lawyers to covers most regions of Sydney, but specialise in family law Liverpool, Bankstown, Campbelltown, Blacktown, Penrith, and Parramatta.
Our team of friendly and experienced Divorce Lawyer of South Australia will provide you the legal advice and offer comprehensive advice. If you have any queries regarding our services, call us now!
Visit us to get the Best Property Settlement Lawyers, here you can apply for property settlement at any time after separation and do not have to wait until you obtain a divorce. Call us now for further information!
Our Children Family Lawyers SA are the experienced family lawyers who provide the family matters with legal services. For the Court Rules process, we give the most valuable guidance on legal claims.
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
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This document provides information about family law, including what it involves such as divorce, child custody, child support, and property division. It discusses the divorce, child support, and custody processes. It also outlines the typical family law process which can involve mediation, stipulation, or trial. Additionally, it provides details about hiring a family law attorney, the types of attorneys, typical costs, and payment plans attorneys may offer.
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3. MICHAEL LYNCH
FAMILY LAWYERS.
WHO
ARE
WE?
Advice, negotiation, mediation, court
representation.
Specialist Family Lawyers
Established for over 20 years
11 Lawyers - 5 Accredited Specialists
- over 100 years combined
professional experience
4. Regular articles and publications
MICHAELLYNCHFAMILY
LAWYERS.
WHAT
WE
DO.
Fixed cost initial interview
($385 for Solicitor or $440 for Accredited Specialist)
Upfront cost advice
FREE book (over 120,000 copies)
FREE monthly e-newsletter ‘Family Flyer’
(over 5,000 readers)
Presenting over 50 seminars a year
5. OVERVIEW
• Principles of the Family Law Act - Parenting
• Resolution process
• Documenting agreements
• The court process
• How do you fit in?
6. HOW DO YOU FIT IN?
Advice
obligations
Affidavits
Subpoenas
Family
Dispute
Resolution
Counselling
Confidentiality
and Admissibility
Notification
obligations
7. THE LAW LAW:
Family Law Act 1975
(Cth)
COURTS:
• Family Court of
Australia
• Federal Circuit Court
of Australia
8. PRINCIPLES
• Child’s best interests are paramount.
• Usually both parents should have high level of
meaningful involvement.
• Parents should try to agree.
11. (PRESUMPTION
CAN BE REBUTTED)
Shared parental
responsibility
Equal time Substantial and
Significant time
Exception:
Family violence Best interests S 60 CC
Reasonably practicable
(PRESUMPTION)
SHAREDPARENTING–ANOVERVIEW
12. ‘BEST INTERESTS’ – S 60CC
Primary Considerations:
a) Benefit to child of having a meaningful relationship with both
parents.
b) Need to protect the child from physical or psychological harm and
from being exposed to, abuse, neglect or family violence.
13 Additional Considerations, including:
• Child wishes
• Practical difficulties
• Parents capacity etc...
15. • Must be in writing, signed and dated by parents and made free
from duress
• Not legally binding or enforceable
• Court must have regard to it.
PARENTING
PLANS
16. • Application form and terms of agreement in writing, signed and
dated by parents.
• Submitted to the Court for approval.
• Legally binding and enforceable.
CONSENT
ORDERS
17. WHAT IS “FAMILY DISPUTE RESOLUTION”?
• Process in which FDR Practitioner assists parties to resolve
issues relating to separation and divorce (section 10F FLA)
• FDR practitioners must be accredited (10G FLA)
• Compulsory before Court unless exemption applies (60I FLA).
19. DO YOU HAVE TO TELL A CLIENT WHAT
THE FAMILY LAW ACT SAYS?
• Not unless you are an “advisor”.
• “Advisors” = lawyers, “family counsellor”, “family
dispute resolution practitioner” or family
consultant.
• Obligations regarding child's best interests.
• Obligations regarding parenting plans.
20. NOTIFICATION OBLIGATIONS
• If necessary to comply with a law of the Commonwealth,
a State or Territory (10D(2) and 10H(2)).
• If child has been abused or is at risk of abuse (67ZA).
21. WHAT IS “ABUSE”?
a) An assault, including sexual assault of the child.
b) Involving child in sexual activity – used directly or indirectly as
a sexual object.
c) Serious psychological harm, including harm from being
subjected to or exposed to family violence.
d) Serious neglect.
22. Starting point is non-confidentiality:
• everything can be disclosed
• everything can be subpoenaed
• everything is admissible.
CONFIDENTIALITY
e.g. statements to GP’s, psychologists, therapists
– even if participants treated them as confidential.
Why? So courts can learn the truth.
24. WHAT IS “FAMILY COUNSELLING”?
• Process in which family counsellor helps parties or children with issues relating to
marriage, separation, divorce (section 10B FLA)
• Family counsellor must be authorised (10C FLA)
• i.e. a person authorised to act on behalf of an organisation designated by the
minister.
• See list current to June 2019 on Attorney-General’s Department website:
https://www.ag.gov.au/FamiliesAndMarriage/Families/FamilyRelationshipServices/Documents/FamilyLawBranchListofcounsellingorganisations1July2014-30June2019.pdf
25. WHAT IS “FAMILY DISPUTE RESOLUTION”?
• Process in which FDR Practitioner assists parties to resolve
issues relating to separation and divorce (section 10F FLA)
• FDR practitioners must be accredited (10G FLA)
• Compulsory before Court unless exemption applies (60I
FLA).
27. ESSENTIALLY, 10D/10I SAY:
1. Family counsellor/FDR practitioner must not disclose a communication made in
family counselling/FDR; but
2. Must disclose to comply with a law; and
3. May disclose if:
• people consent
• disclosure seems necessary to protect a child from harm, report offence, etc.
• to assist ICL.
28. CONFIDENTIALITY VS. ADMISSIBILITY
• Communications during family counselling
and/or FDR are not admissible – only
exception is abuse or risk of abuse (sections
10E and 10J).
• So communications that may be disclosed may
still be inadmissible.
29. ESSENTIALLY 10E/10J SAY:
1. Evidence of things said with a family counsellor FDR practitioner
conducting family counselling/FDR is not admissible.
2. Subsection (1) does not apply to an adult’s admission of child
abuse; or a child’s discussion of abuse; unless the court thinks
there is sufficient other evidence of the admission or disclosure.
30. SOME ISSUES WITH CONFIDENTIALITY
AND ADMISSIBILITY
‘Unitingcare – Unifam Counselling’ Case:
• 10D(3): discretion remains with the family counsellor whether to
disclose even if the parents consent or the Court directs.
• Even if the communication can be disclosed, it is still not
admissible unless it relates to abuse or risk of abuse of a child
(10E).
31. R V BADEN-CLAY
• Sections 10D and 10E only apply to Courts exercising family law jurisdiction.
• Public interest of having access to all evidence outweighed public interest of
confidentiality.
• By extension – family counselling would not be confidential in other non-
family law cases e.g. DVO
32. FDR / PARENTING PLANS
• A valid Parenting Plan made at the conclusion of FDR is not
confidential.
• An agreement reached at FDR will be inadmissible unless it is properly
documented as a Parenting Plan – i.e. signed, dated, no duress.
• Content of FDR is not admissible evidence about whether an
apparently valid Parenting Plan was made under duress.
33. Two conflicting cases:
1. Rastall v Ball [2010] – two stage process – assessment then FDR
– only FDR is confidential.
2. French v Winter [2012] – process may have a number of parts
including engagement with only one party – all is FDR process so
all is confidential.
WHAT IS THE
FDR
“PROCESS”?
34. FAMILY COUNSELLING
• Confidentiality provisions only apply to accredited
counsellors as per 10C.
• Counselling is directed to parents relationship and
relationship breakdown – not quality of care of
children.
• “Attachment therapy” is not family counselling.
35. CAN YOU BE REQUIRED TO GIVE
EVIDENCE TO COURT?
• Subpoena for documents.
• Subpoena for oral evidence.
• Report / Affidavit.
• Applies to family law and domestic violence proceedings.
36. SUBPOENAS – COMPELLED
• Must produce documents to Court or attend to
give evidence.
• Entitled to be paid conduct money.
• Can ask for costs of attending Court.
• Penalties if you don’t comply.
• Can object to subpoena on limited grounds
e.g. irrelevant, too broad.
• Prudent to inform client and seek legal advice
prior to producing documents.
37. COUNSELLING NOTES PROTECT QLD
• Recent Queensland Legislation protects the counselling records of victims of sexual
assault or alleged sexual assault from being used in some courts.
• The proceedings covered by the legislation are criminal and civil court proceedings
commenced on or after 1 December 2017, including domestic violence court
proceedings.
• The Counselling Notes Protect service provides free legal advice and representation to
individuals covered by the legislation.
38. COUNSELLING NOTES PROTECT QLD (cont)
• Counselling is considered broadly, including when counsellor (which may
include a doctor):
• Listens, gives support, provides help or encouragement, advises, gives
therapy or treatment, including group therapy.
• Counselling records will be protected from being available during a court
case or from being subpoenaed for a court case.
• Counselling notes are not protected by this legislation prior to Court
proceedings being commenced, i.e where police are investigating a
matter.
39. • Tsocas and Rilak – subpoena case:
• Child’s psychologist objected to subpoena as
• “production of documents threatens therapeutic relationship between
psychologist and client”
• Material had potential to be decisive on the question of what is in the
child’s best interests
• Objection dismissed. Access granted BUT limited to use with a therapist
or family report writer.
SUBPOENAS
40. AFFIDAVIT –
VOLUNTARY
• Parent or lawyer requests report
• To be used in court, must be attached to
Affidavit
• Can be called to give evidence at trial and be
cross-examined.
41. CONCLUSION/TIPS
Default position is
non-confidentiality.
Interpretation of
confidentiality and
admissibility provisions
in the Family Law Act
is unclear.
Practitioners are
encouraged to
consider the purpose
of note keeping –
avoid making notes of
opinions or
judgments, document
ONLY what you see or
hear.
Assume that your
notes can be
subpoenaed and you
can be compelled to
give oral evidence.
Seek advice from
professional bodies
regarding note keeping
and responding to
subpoenas.
42. THANK YOU.
QUESTIONS?
• Email: law@mlynch.com.au
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• Do you have more specific topics relating to Family Law that you
need some answers to?
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• Get in touch.
43. GET IN TOUCH
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Address: 9 / 193 North Quay, Brisbane
Phone: (07) 3221 4300 | Email: law@mlynch.com.au | Website: www.michaellynchfamilylawyers.com.au
The material contained in this presentation does not constitute specific legal advice
Editor's Notes
A little about myself … I have been practising in the area of Family Law for 11 years and I am Associate here at Michael Lynch Family Lawyers.
We are a boutique law firm specialising in Family Law. Our firm has existed now for some 20 years and we have 8 solicitors available to advise client. We offer a fixed fee initial consultation to new clients which I will touch on again at the end of this webinar as well as regularly producing articles and publications for our clients and the public at large.
We are a boutique law firm specialising in Family Law. Our firm has existed now for some 20 years and we have 8 solicitors available to advise client. We offer a fixed fee initial consultation to new clients which I will touch on again at the end of this webinar as well as regularly producing articles and publications for our clients and the public at large.