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12 common misperceptions of family law clients

Posted on Categories Evidence, Family lawTags , , , , 1 Comment on 12 common misperceptions of family law clients

“Oh would some power the gift give us, To see ourselves as others see us” – Robert Burns. 

seperation-blog

 
In any area of law, a client’s perceptions of matters related to their case are often inaccurate. This is partly because clients don’t have the benefit of the knowledge that comes from experience in such matters. Part of a solicitor’s job is to educate a client about the process, the substantive law and the like. As a result, it is prudent to manage the expectations of clients and after every significant event ask the client whether they understood what has happened, and listen their understanding so that one can ascertain their perceptions.

A client’s perceptions are often further clouded by their emotions, particularly in family law. Many clients’ perceptions of the situation are inaccurate or even twisted, because to put it bluntly their emotions can blind them from actuality. As a result, what a family law client believes to be the case often is not the case at all. And many clients resist being told (and even resent) someone else telling them that their perceptions are inaccurate or untrue.
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Failure to appear conviction quashed on appeal

Posted on Categories Criminal law, Evidence, LibertyTags , , , , , , Leave a comment on Failure to appear conviction quashed on appeal

It is a criminal offence for a Defendant in criminal proceedings to fail to appear in court unless they have a reasonable excuse to do so. A recent case which resulted in an acquittal of such a charge sheds light on the meaning of reasonable excuse for the purposes of s33 of the Bail Act 1980 (Qld).

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Lorna Jane’s comprehensive court win

Posted on Categories Evidence, Industrial relations, Personal InjuryTags , , , , 1 Comment on Lorna Jane’s comprehensive court win

Amy Louise Robinson was employed by activewear company Lorna Jane Pty Ltd between July and December 2012 as manager of Lorna Jane’s DFO store at Skygate near Brisbane Airport.

Ms Robinson claimed to have suffered a psychiatric injury from workplace bullying by Megan McCarthy (Lorna Jane’s learning and development manager) and haemorrhoids when lifting and moving heavy boxes of stock during the course of her employment.

Relevant law

Vicarious liability is a common law principle which imposes liability despite the employer’s not itself being at fault. The claim for psychiatric injury alleged that Lorna Jane was vicariously liable for the actions of McCarthy and also that an email from a former DFO store employee named Ms Maninnen which alleged ill-treatment of Robinson by McCarthy had put the company ‘on notice’ and that it had subsequently failed to investigate.
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How to be an impressive witness in court

Posted on Categories Evidence, JudiciaryLeave a comment on How to be an impressive witness in court
Introduction

Witnesses are usually assessed according to their credibility and reliability.

In cases where there are disputes of fact, the performance of the relevant witnesses will be critical, as the case is likely to be determined according to which witnesses are believed and which are not.

This article discusses dome of the do’s and don’ts involved in giving evidence at a hearing.
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