We practice in the following areas of dispute reolsution and litigation:
- Negotiation and Mediation
- Arbitration
- Litigation in all Jurisdictions
- Corporate and Commercial law including white collar crime
- Family Law
- Criminal Law
- VCAT
- Employment Law including the Fair Work Commission
- Council and Neighbour disputes
- Administrative Law
- Collaborative Law
Published in Dispute Resolution & Litigation on 24th Jul 2012
Consequences of Non-Compliance with Subpoena Failure to comply with a subpoena within the timeframe provided for without lawful excuse is a contempt of court and may result in your arrest. Objecting to Compliance with a Subpoena Upon being served with a subpoena, the recipient of the subpoena, or a person who has a sufficient interest in objecting to the subpoena, has the right to apply to the Court: for an order setting aside the subpoena (or part of it) or for relief in respect of the subpoena; and for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena. To object to a...
Published in Administrative Law on 19th Mar 2012
In Mikhman v Royal Victorian Aero Club & Ors [2012] VSC 42, the plaintiff had obtained a report from her psychiatrist that she had suffered psychological injuries above the required injury threshold as a result of witnessing a plane crash to the ground with fatal consequences only metres from her and her family. The Royal Victorian Aero Club disputed the psychiatrist’s assessment. Consequently, the Panel assessed her injuries and found, contrary to the assessments of the treating psychiatrist, she did not satisfy the threshold level of impairment required by statute. The plaintiff appealed the decision and alleged that the Panel erred in: failing to make its determination within...
Published in Collaborative Law on 13th Jun 2011
The adversarial battle field Traditionally, when one or both parties come to the decision that they are unable to agree about property division and/or issues concerning their children, they seek resolution through the court system. Although family law requires the parties to make a genuine effort to resolve their disputes either by direct negotiation or mediation, it is not uncommon that the lack of trust and goodwill between parties after a relationship breakdown makes resolving the issues difficult. Therefore it left to the parties’ lawyers to negotiate on their behalf. Once the parties have retained lawyers to “fight” for their perceived entitlements, the adversarial process take...
Subcategories
Administrative Law
RKL provides advice on many aspects of administrative law, including:
- Advice on the consequences of administrative decisions
- Judicial review of administrative decisions - Federal Court and Supreme Court
- Merits review of administrative decisions - Commonwealth Administrative Appeals Tribunal and State Tribunals
- Prerogative relief in the High Court of Australia
- Licensing requirements – fit and proper person test
- Statutory interpretation
- Freedom of information
- Privacy
Collaborative Law
Collaborative law is a relatively new way of resolving family and other legal disputes. Instead of the traditional adversarial process, collaborative law uses a dispute resolution process in which the parties agree not to go to Court and commit to resolving their issues and achieving an outcome that meets the needs of all parties.
Collaborative law is particularly suitable for the resolution of financial and parenting issues arising from separation and divorce. The collaborative process is designed to achieve equitable outcomes and foster cooperative relationships between the parties, both during the collaborative process and after, which is in the best interests of the parties and their children.
- Clients, their lawyers and other professionals work together, in collaboration, over a series of joint meetings;
- Lawyers and clients focus on settling the dispute instead of preparing for Court;
- Private communications between lawyers is kept to a minimum;
- The involvement of clients gives them control over the process;
- If the parties are cooperative and willing to comply with their disclosure obligations, communicate and compromise, the collaborative process is a more cost-effective and efficient means of dispute resolution in family law matters than the alternative of litigation; and
- The skills parties learn to apply during the collaborative process can assist them to communicate and cooperate even after the dispute is resolved. This is especially valuable if the parties have children and wish to retain a post-separation relationship for the benefit of the children.
Importantly, collaborative law is not for everyone or for every dispute. If discussions between the parties break down and a settlement cannot be reached, the lawyers for both parties are disqualified and no longer able to continue acting for their clients.
RKL’s Magda Kron is a Collaborative Law Practitioner and a Member of the International Academy of Collaborative Professionals. She can assist you in determining if the collaborative process is suitable for you.