If you’ve ever thought “how the fuck did that happen” as you walked out of the Australian Family Law system and losing everything, while watching your psychopathic ex get away with the boys club trifecta of perjury, contempt, and not coughing up their financials til you’re broke, homeless, and probably couch surfing, then boy have you come to the right place! Strap on your fuck it attitude, and settle in to find out what your lawyer never told you…be prepared to feel very ducking angry 😡 and ...
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The Last Laugh - Lisa's assessment model for psychopaths in family law
16:12
16:12
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How do I figure out if your ex is a psychopath? Support the showBy Lisa Testart
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The Calderbank Offer...not an event at Calder Racetrack!
10:37
10:37
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Following on from our discussion about costs, without prejudice communications, and so forth, this episode unpacks the Calderbank offer and how it works. Support the showBy Lisa Testart
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We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang you or not! Sup…
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Party party costs, indemnity costs, what does it mean and why does it matter? Support the showBy Lisa Testart
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Without Prejudice...not just a pretty heading
11:31
11:31
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Support the showBy Lisa Testart
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The chooklotto of the legal world! Support the showBy Lisa Testart
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Chooklotto...Getting a good barrister..or not!
15:24
15:24
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15:24
Wish there was a way to tell if your barrister is any good? Yeah, me too. We delve into the mystery of what makes a good, bad, ugly and incompetent barrister. Support the showBy Lisa Testart
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So you want to email the Judge....ouchies!
15:13
15:13
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The do's and don't's of communicating with your family law judge. Support the showBy Lisa Testart
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Judicial Notice - not something you put on the community notice board outside the pub
5:56
5:56
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A snippet of info for the self represented litigant who has to cross examine. Support the showBy Lisa Testart
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What if I can't remember things? Can I refer to my affidavit?
12:24
12:24
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It's impossible to expect a witness to remember every last detail in complex cases, particularly financial ones. We talk about how and when to ask for documents to refresh your memory. Support the showBy Lisa Testart
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Full and Frank Financial Disclosure Obligations
26:09
26:09
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FAMILY LAW RULES 2004 - RULE 13.04 Full and frank disclosure (1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: (a) the party's earnings, including income that is paid or assigned to another party, person or legal entity; (b) any vested or contingent interest in property; (c) any v…
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The Independent Children’s Lawyer is possibly the most misunderstood role in family law. The National Legal Office has more information that can be accessed here ICL WEBSITE ADDRESS: HTTPS://ICL.GOV.AU Support the showBy Lisa Testart
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The dreadful depersonalisation of never having your name used unless you’re in trouble; serious trouble. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to sup…
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This episode deals with sexual abuse, trauma and comes with a trigger warning. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to support people, loved ones, f…
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From the book ‘don’t become the roadkill of your relationship’ How to leave a dangerous relationship. Download chapter one at www.witnesspreparation.com.au Support the showBy Lisa Testart
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Before You Leave - Know your support people
10:51
10:51
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From the book ‘Don’t become the roadkill of your relationship’ Download chapter one at www.witnesspreparation.com.au Support the showBy Lisa Testart
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Don’t be the roadkill of your relationship…plan to leave before you leave. Download chapter one at www.witnesspreparation.com.au Support the showBy Lisa Testart
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I hear this all the time…and we’re going to address it and set the record straight on why your judge just can’t act unilaterally, or make serious decisions without a final trial. Support the showBy Lisa Testart
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Rice and Asplund - Significant change of circumstances
9:09
9:09
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Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. Follow the link 👇👇👇 TIME FOR A CHANGE? SHARED PARENTING, VARIATION OF ORDERS AND THE RULE IN …
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Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It’s not well understood, and in this episode we try to clarify what it’s purpose is, how long it applies, and why it’s an important protective measure for children and victims. Follow the link 👇👇👇 FAMILY LAW ACT 1975 - SECT 121 Restriction on publicati…
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When there’s an error in your orders, what do you do? Can it be fixed? Yes it can! Follow the link 👇👇👇 FAMILY LAW RULES 2004 - RULE 17.02 Varying or setting aside orders (1) The court may at any time vary or set aside an order , if: (a) it was made in the absence of a party; or (b) it was obtained by fraud; or (c) it is interlocutory; or (d) it is …
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What’s the difference between a barrister vs a solicitor
9:03
9:03
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It can be pretty confusing trying to figure out why some are barristers, and others are solicitors. It’s like being GP and being called Dr, or a surgeon and being a Mister. Here we try to unpack it so you can get some understanding of what’s what and who’s who in the legal zoo. Support the showBy Lisa Testart
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Snobbery? Legal practice? A protective measure? Find out why some will, and some won’t, talk to a client. Support the showBy Lisa Testart
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Why Family Law is just Mini Golf in disguise
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10:37
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Ever wondered why so many victims and family law parties get less than the outcome they were told they’d get? It’s because family lawyers don’t do strategy. If they played mini golf a tad more they’d understand the analogy. Once you get it, you’ll never forget it. Support the showBy Lisa Testart
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What’s a Kennon case and why should it matter? A review of Kennon v Kennon BENSON & DRURY [2020] FamCAFC 303 FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made signifi…
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A tricksy question for the uninitiated Support the showBy Lisa Testart
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FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravened an order A person is taken for the purposes of this Division to have contravened an order under this Act affecting children if, and only if: (a) where the person is bound by the order--he or she has: (i) intentionally failed to comply with the order; or (ii) made no reasonable attempt to compl…
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Contempt - A sibling to contravention, but with a bigger bite
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14:15
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Contempt is criminal, while a contravention is civil. The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession. FAMILY LAW ACT 1975 - SECT 112AP Contempt (1) Subje…
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What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement. One you can appeal, the other you’re stuck with. Do you know which is which? Support the showBy Lisa Testart
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In this episode we help you understand where to sit, and why, when you go to court, because it’s confusing enough without feeling like a tourist in your own case. Support the showBy Lisa Testart
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Do you feel like a muppet when doing the head bob in court? There’s a reason it’s done, and it’s not why you think it is. Support the showBy Lisa Testart
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Confidentiality vs Privilege and why it's critical to understand when you're a victim in hiding, or just don't want to be found. Support the showBy Lisa Testart
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Welcome! What you'll get, what to expect, and let's strap in :-)
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8:39
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Welcome to the first episode of surviving a psychopath in The Australian legal system. Lisa introduces herself and her unique style of saying it how it is, so you can get the best out of your case. This crazy cat lady doesn't pull any punches and leaves no stone unturned in her dream of assisting you in your case. Support the show…
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