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APRIL 2019 FAMILY LAW at the CROSSROADS Federal Call to Parties PROCTOR APRIL 2019 | parties to call Federal APRIL 2019 FAMILY LAW AT THE CROSSROADS Federal call to parties PROFESSIONAL STANDARDS WELLNESS TECHNOLOGY Mind your manners Mental illness and The changing stigma in legal practice face of practice 22 The Process Serving Evolution Continues The ProcessTheThe Process Process Serving Serving Serving Evolution Evolution Evolution Continues Continues Continues 16 20 24 FEATURES LAW CAREER PATHWAYS 16 Federal call to parties 30 Back to basics 50 Diary dates Family law at the crossroads 10 things you should know about affidavits 51 Practice management 20 Professional standards 32 Early career lawyers Mind your manners Make the most of mentoring OUTSIDE THE LAW 22 Wellness 33 Legal policy Mental illness and stigma in legal practice QLS uncovers solitary confinement data 52 Classifieds 24 Technology 34 Ethics 57 Spirits The changing face of practice Representation roadblock RedefiningRedefining Process Process Serving, Serving, Skip Skip Tracing Tracing 58 Crossword RedefiningRedefining Process Process Serving, Serving, Skip Skip Tracing Tracing 36 Legal technology andand InvestigationsInvestigations throughthrough Innovation,Innovation, NEWS AND EDITORIAL Social robotics 59 Humour andand Investigations Investigations through through Innovation, Innovation, 38 What’s new in succession law 60 Directory 3 President’s report Quality,Quality,Quality, Culture Culture Culture and and and Experience. Experience. Experience. Passing and filing estate accounts Quality, Culture and Experience. 5 Our executive report 40 Book review 6 The road to family law reform At last, a workplace investigations manual 7 News 41 Your library CaseLaw upgrades 10 Career moves 42 Family law 12 In camera Court rejects receiver NorthshoreNorthshore Hamilton Hamilton | |Brisbane Brisbane CBD CBD | |Melbourne Melbourne | |Sydney Sydney for ‘dysfunctional’ business Northshore Hamilton | Brisbane CBD | Melbourne | Sydney 44 On appeal Northshore Hamilton | Brisbane CBD | Melbourne | Sydney Court of Appeal judgments 13001300 712 712 978 978 1300 712 978 www.riskandsecurity.com.auwww.riskandsecurity.com.auwww.riskandsecurity.com.au 1300 712 978 www.riskandsecurity.com.au Vol. 39 No. 3 | ISSN 1321-8794 22 The Process Serving Evolution Continues The ProcessThe Process Serving Serving Evolution Evolution Continues Continues 16 20 24 FEATURES LAW CAREER PATHWAYS 16 Federal call to parties 30 Back to basics 50 Diary dates Family law at the crossroads 10 things you should know about affidavits 51 Practice management 20 Professional standards 32 Early career lawyers Mind your manners Make the most of mentoring OUTSIDE THE LAW 22 Wellness 33 Legal policy Mental illness and stigma in legal practice QLS uncovers solitary confinement data 52 Classifieds 24 Technology 34 Ethics 57 Spirits The changing face of practice Representation roadblock Redefining Process Serving, Skip Tracing 58 Crossword RedefiningRedefining Process Process Serving, Serving, Skip Skip Tracing Tracing 36 Legal technology and Investigations through Innovation, NEWS AND EDITORIAL Social robotics 59 Humour andand Investigations Investigations through through Innovation, Innovation, 38 What’s new in succession law 60 Directory 3 President’s report Quality,Quality, Culture Culture and and Experience. Experience. Passing and filing estate accounts Quality, Culture and Experience. 5 Our executive report 40 Book review 6 The road to family law reform At last, a workplace investigations manual 7 News 41 Your library CaseLaw upgrades 10 Career moves 42 Family law 12 In camera Court rejects receiver Northshore Hamilton | Brisbane CBD | Melbourne | Sydney for ‘dysfunctional’ business Northshore Hamilton | Brisbane CBD | Melbourne | Sydney 44 On appeal Northshore Hamilton | Brisbane CBD | Melbourne | Sydney Court of Appeal judgments 1300 712 978 1300 712 978 www.riskandsecurity.com.auwww.riskandsecurity.com.au 1300 712 978 www.riskandsecurity.com.au Vol. 39 No. 3 | ISSN 1321-8794 PROCTOR | April 2019 1 2019 COURSES Choose from two streams to suit your practice size. INVEST SOLE PRACTITIONER TO SMALL PRACTICE 2-4 May IN YOUR 11-13 July 24-26 October FUTURE 21-23 November MEDIUM TO LARGE PRACTICE 29-31 August Make 2019 the year you gain essential skills to manage a successful legal practice. PMC offers you practical training and knowledge from uniquely qualified facilitators. It also offers exclusive access to ongoing post-course support, securing your investment after completion. ENROL NOW qls.com.au/pmc President’s report A voice for good law And a ready-made path to sensible law reform One of the vital tasks that occupies of national import in its own advocacy Speaking of judges, one way to ensure that efforts while QLS, as one of the largest lay people have confidence in their efforts much of any QLS President’s representative bodies for the legal profession would be to establish a judicial commission time is that of advocacy on behalf in Australia, has an obligation to be vocal on to formalise a transparent and merit-based behalf of our members. appointment process. While we within the of the legal profession, often at profession can vouch for the fairness, ability Chief among our submissions will be a call parliamentary committee hearings and work ethic of those on the bench, the for a commitment to an increase in federal public rarely sees that and usually base their and inquiries, or when the Society funds for legal aid. Australians enjoy greater opinions in this regard on the reporting of rights and freedom than any other nation, is specifically asked to comment a sometimes mercurial and inexpert media. backed by largely effective legislation and on policy or proposed legislation. an excellent and hard-working court system. Opening up the process and involving an Unfortunately, many cannot afford access independent commission would allow those In an election year, this task is greater, as to the justice that the legal profession strives outside the legal profession to appreciate governments become more responsive so valiantly to provide; this cannot be the quality and commitment of our judges, to the issues which might help shape an allowed to continue. and the depth of the talent pool from which election outcome. At these times the need they are selected. The resultant increase in for a strong and clear voice on issues of Legal aid funding has sadly been a low priority confidence in the legal system would be a importance to our members becomes acute. for governments of all stripes and at all levels win for us all, and one would hope that no for many years. Whereas once legal aid sane politician would be against that. One of the most powerful tools for ensuring was available for some civil claims, now the the passage of good law is the Queensland stretched resources can scarcely cover the These are but a few of the matters we will Law Society’s Call to Parties Statement. Via most serious criminal matters. We need this be addressing in our Call to Parties Statement this document, put together through intensive funding to ensure society’s least fortunate and the advocacy in support of it. I will speak consultation with our policy committees have the same access to justice as the 1%. more of these and others in the run up to the and a lot of elbow grease from our policy We will be calling for this to be addressed election. You will also find a summary solicitors, the Society can do much good. before the current National Partnership of the key issues raised in the Call to Parties In it we ask the major parties to commit to Agreement expires in 2020; there is no time to document in this edition of Proctor. a number of reforms which will improve our waste as this needs to be in the 2019 budget. Regardless of who is victorious come election justice system and make our laws more day, thanks to our Call to Parties Statement We will also maintain our continuing call for efficient, fairer and easier to access for they will have a ready-made path to sensible more resources for the courts, in particular solicitors and their clients. law reform. the Family Court and Federal Circuit Court. These statements can be great forces for No area of the law creates more stress and Bill Potts positive change. In 2015, the incoming state trauma for parents and children than our Queensland Law Society President Labor government committed to adopting family law jurisdiction, and much of that stress almost all of the reforms called for by QLS, comes from exorbitant delays in our Federal [email protected] a signal achievement made on the back of Circuit Court and Family Court regimes. Twitter: @QLSpresident great work from the policy team and QLS LinkedIn: linkedin.com/in/bill-potts-qlspresident representatives. By relentlessly following Those delays relate directly to the fact that up that work through 2016-2017, we were there simply aren’t enough judges being able to push through many changes that appointed. As an example, the Gold Coast are delivering great results for members shares a Family Court judge with Ipswich and and their clients. Lismore – no independent observer would consider that adequate. When we have QLS will again call on our politicians to young children who have been on interim commit to sensible reforms in the upcoming custody orders more than half their lives, federal election, with our Call to Parties we know there is no argument against an Statement receiving its finishing touches increase in judicial numbers. at the time of writing. The Law Council of Australia will of course address many matters PROCTOR | April 2019 3 Are your details up to date? QLS will contact you in April to remind you to update your details ahead of practising certificate and QLS membership renewals for 2019/20. To ensure you don’t miss any of these important messages, update your details today via myQLS or by contacting QLS’s Records & Member Services team on1300 367 757 or [email protected].
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