The New South Wales Bar publishes Bar News every quarter. The 2019 Winter edition is just out. There is an article titled “The incredible shrinking Bar”. It makes this statement- “Barristers are losing work because clients distrust the adversarial legal system and shirk litigation.” Clients don’t want to pay the price of avoidable litigation. They... View Article
Whitelaw Legal Group is an expert in commercial disputes management and resolution. We provide dispute management and dispute resolution services to our clients either directly or we refer them to our sister business TasDisputesCentre at www.tasdisputescemtre.com.au If the dispute management will require ongoing legal advice, then Whitelaw Legal Group will provide that. However, if two... View Article
The Problem – Roughly 500,000 commercial disputes are filed in courts around Australia each year. That is a lot of disputes! Going to Court should be the last resort for everyone involved in a commercial dispute. Why so? Because – Litigation is a time waster; Litigation is very costly; Litigation is a major distraction to... View Article
Are barristers at risk of being replaced by Artificial Intelligence (AI)? Susan Kiefel, Chief Justice of the High Court and Tom Bathurst, Chief Justice of the NSW Supreme Court, seem to think so. At a recent Australian Bar Association Convention this is what they had to say – For barristers to remain competitive and relevant... View Article
The bad news keeps on coming! In summary – Long delays by judges delivering judgments, sometimes over 3 years; Long delays punishes litigants and denies justice; Whole court system is grossly under-resourced; Some lawyers are too aggressive and use tactics that add to delays and costs; Too many family law lawyers failing to make genuine... View Article
A family court judge just recently ordered the wife in a family property dispute to pay her former husband’s legal costs of $30,000. Why? The judge said the wife failed to make a genuine attempt to negotiate a settlement with the husband. He said she and her lawyers adopted an overly aggressive and combative approach.... View Article
Are you following the fairly regular news on the family court? The Family Court is caught up in a struggle between politics, lawyers, the public and law reform. What do they all agree on? That there is a pressing need for reform. The current financial and wellbeing costs of engaging with the court system is... View Article
An effective triage system is an essential step in effective dispute management. Family law disputes are no exception. For many years now I have been a strong advocate of early triage to facilitate quicker and less costly dispute resolution. Triage is applied to determine the best options and best strategies to manage and resolve disputes.... View Article
The family court system in Australia is in crisis and people with family court disputes are suffering badly as a result. There are non-litigious alternatives to getting pushed into the court system. These alternatives can help people resolve their disputes quickly, cost effectively and without being subjected the stresses of litigation. Almost every day there... View Article
Tasmanian Legal Profession : Early Dispute Resolution Strategies v Traditional Litigation Methods There have been extensive discussions both privately and publicly regarding the legal profession leaning too heavily on traditional methods as a means to resolve disputes. Indeed, quite a few years back, at an industry conference, Victorian Supreme Court Judge David Byrne mentioned the... View Article
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