Surviving The Legal System With a Psychopath in Australia
If you’ve ever thought “how the fuck did that happen” as you walked out of the Australian Family Law system and losing everything, while watching your psychopathic ex get away with the boys club trifecta of perjury, contempt, and not coughing up their financials til you’re broke, homeless, and probably couch surfing, then boy have you come to the right place! Strap on your fuck it attitude, and settle in to find out what your lawyer never told you…be prepared to feel very ducking angry 😡 and then share this with everyone you know that needs these words of hard fought wisdom.
Episodes
Use the new 'send us a text' feature at the top of every episode description to send me your ideas, suggestions for topics, and general feedback about what you'd like to hear more of.
I have plenty of ideas, but I'd love to hear what you think.
Family law is an isolating, traumatising, soul destroying place to be, and I hope my small soundbites bring some humour, and lots of com...
Just like the Eagles sing in Hotel California: if you’re in a property case “You can check-out any time you like, but you can never leave!"
Without leave of the court, you cannot withdraw from a property case once it’s started, no matter how exhaustipated or traumatised you are by your psychonarc ex.
Withdrawing leaves you vulnerable to a costs order being made against you, but even more horrific than a costs order i...
The Harman Undertaking, also known as the Harman Obligation, is not found in legislation, but in the UK case of Harman v Secretary of State for Home Department [1983].
It is an implied obligation not to use documents obtained or produced as a result of the compulsory processes of the court for any collateral or ulterior purpose.
The High Court of Australia in Hearne v Street (2008) has described this as a substantive and i...
In the Federal Circuit and Family Court of Australia trial is by affidavit, and your affidavit becomes your evidence in chief. At trial you will be cross-examined about your evidence in chief and all parts of your affidavit will be canvassed.
Your affidavit is how you present the facts of your case. Affidavits should be concise, factual, and not merely a regurgitation of your distress or pain. Keep your emotion...
Just like with recycling, family law has rules that govern how a case is run, and there are lots of practice notes and guides available to assist you in running a case.
Wishlitigators want the process to fit their belief systems about how family law should be run, instead of fitting themselves into the rules and processes of the family law system.
Following on from our discussion about costs, without prejudice communications, and so forth, this episode unpacks the Calderbank offer and how it works.
Party party costs, indemnity costs, what does it mean and why does it matter?
We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang you or not!
It's impossible to expect a witness to remember every last detail in complex cases, particularly financial ones. We talk about how and when to ask for documents to refresh your memory.
Wish there was a way to tell if your barrister is any good? Yeah, me too. We delve into the mystery of what makes a good, bad, ugly and incompetent barrister.
A snippet of info for the self represented litigant who has to cross examine.
The Independent Children’s Lawyer is possibly the most misunderstood role in family law.
The National Legal Office has more information that can be accessed here
ICL WEBSITE ADDRESS: HTTPS://ICL.GOV.AU
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