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Pump Court is very proud to announce that ‘A Practical Guide to Barder Events in Financial Remedy Proceedings in Family Law’ by Mark Ablett has been published by Law Brief Publishing and is available to purchase. Synopsis Financial remedies is an ever-evolving field, making it difficult for practitioners to advise their clients with certainty. Within this fluid field, advising what might constitute a Barder event is perhaps one of the hardest aspects. Only through seeing how the jurisdiction was established and how it has evolved can practitioners gain some confidence in analysing where a set-aside application might be justified, particularly with the nuanced considerations applying to a certain category of Barder event, e.g. economic change. Featuring a foreword by Edward Boydell KC, this book goes back to the beginning, tracing the evolution of the jurisdiction from the originating case of Barder up to the most recent case law including the raft of Covid cases. Barder events (or attempted events) are categorised and ancillary considerations like costs and procedure are discussed, along with the similar (but different) jurisdiction stemming from the case of Thwaite. This book lastly proposes an authoritative checklist for a Barder application drawn from analysing the plethora of relevant cases. Use code G52GM83 for a 10% discount https://lnkd.in/ev_fnGnP

In Family Law, lawyers and judges are not your enemies. The system itself is your enemy and in many cases, you can be your worst enemy. The client who focuses entirely on people/forces outside themselves are giving away their power and are not heading down a road to resolution. I know. I was my own worst enemy early into a ten year nightmare of litigation I was the respondent in. The system is broken but it’s full of very caring, empathetic and professional lawyers, judges and financial professionals. How you handle you is job one during a separation.

These documents are so important, so it is crucial that you have good advice from a specialist.

What are the benefits of using a professional to draft your #will and #LPA (lasting power of attorney)? SFE member Samantha Ikin TEP, solicitor at Chafes Hague Lambert Solicitors has written an article on exactly why it is in your best interests to use a professional to draft these important documents, and you might be surprised by the risks you take if you don't. SFE (Solicitors for the Elderly) always recommends using a regulated and insured legal professional such as one of our members. We can help take the stress out of making important decisions for your future and give you valuable peace of mind. https://lnkd.in/eHRnzzgv

Counsel: Give me your available dates for 3 weeks in 2025 ASAP, or I will book a trial based on my own calendar. Me: I just served your client with NOFC. I do not have your reply and counterclaim yet, and I am not sure if we need three weeks. Counsel: We need 3 weeks as I see the issues, and I know some properties have not been disclosed. Give me your dates or I will book it based on my own calendar. Me: Counsel, I need to see your counterclaim. I might agree with some of the issues you raise. I have not seen your reply and counter yet. Let's book a JCC. It is more efficient. We narrow down the issues and book a date at the JCC. Counsel: A JCC is not required before setting a trial date. Give me your dates. ME: It is the efficient way. My dates are ..... I gave my dates because I felt counsel wanted to intimidate me with a 3 weeks trial. Brother... we are practicing family law; we are always in court. " see you in court" is good for movies!

* Will Disputes * The process of dealing with a deceased person’s estate can be challenging, particularly when disagreements arise regarding the contents of their will. Such disputes can lead to prolonged legal battles, causing not only financial strain but also emotional stress for all involved. in this article Litigation Solicitor Hayley-jo Lockley clarifies the most pressing questions surrounding the topic. #willdispute #contentiousprobate #willadvice

A successful family law practice requires quintessential skills, navigating through ethical dilemmas, and top-notch practice management abilities. Our presenters take you through the insights you need, as you hear about case updates, the latest trends, drafting best practices, and more. #LSOCPD

Litigation beware Are you aware that you may need to pay your costs and the other party's costs in court proceedings? Many clients think only of their own legal costs when considering their strategy for a case. In this article I discuss what else they need to be aware of. If you lose in the proceedings, a judge has the discretion to order that you pay the other’s party’s legal fees. Cost awards normally follow the event. #law #accounting #familycourt

Decision delivered yesterday which is a timely reminder to practitioners to ensure compliance with their costs disclosure obligations to clients. While this was a determination made pursuant to the LPA, the LPUL as it applies in WA can be more detrimental in its effect. While the consequences as a result of any lack of costs disclosure under the LPA proceeds down a discretionary path of the Court, the LPUL is more stringent and voids the costs agreement. In this case, her Honour found that there were a number of breaches of the costs disclosure requirements of the LPA, and the effect was to render the costs agreement not fair or reasonable. This included the failure to comply with section 260(1), in particular the disclosure upon which the legal costs will be calculated, including the failure to indicate the applicable Scale to the subject matter and the prospect of recovery of costs. However, it is to be borne in mind that there were other factors which played a part in the Court excercising its discretion to set aside the costs agreement, including: - the vulnerability of the client in a complicated family law dispute; - the lack of explanation on the part of the law practice as to the consequences of entering into the costs agreement (as opposed to the Scale) - lack of information contained in the invoices; - the long intervals between rendering invoices to the client; and - the lack of ongoing updates to the legal costs.