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The Family Matters Show
27 minutes | May 20, 2021
Community Questions - Take 5
31 minutes | May 2, 2021
Two Views on Property Settlement
In this episode Benjamin and Heather switched up the format, with each asking the other increasingly challenging questions about property settlement. It opened up so really honest conversation about the difficulties involved with property settlement specifically and separation more generally.These two family law experts dealt with the following questions:The biggest mistake people make when negotiating a property settlement.The number one tip to avoid going to court to finalise a property settlement.The toughest property settlement case Heather has dealt with in her long career.How lawyers help people figure out what to expect in a property settlement.Whether it's possible to reach a settlement out of court if the separation is hostile.Dealing with financial imbalance in property settlementThe pros and cons of divorce....is the whole thing worth it?
24 minutes | Mar 3, 2021
Private Investigators in Family Law Cases
Private investigators can play a pivotal role in serving documents and collecting evidence in complex family law cases. In this episode Benjamin Bryant and Heather McKinnon from Bryant McKinnon Lawyers talk to Steve Wallis, Managing Director of SWA Recovery & Investigation Group about how private investigators work and where they can add value in family law matters.
24 minutes | Feb 11, 2021
I've decided to separate. Now what?
Most people who decided to separate have never initiated a relationship breakdown in their lives. The decision is scary and overwhelming. Yet these very early stages can set the course for how the whole process plays out and even affect long term family relationships for years to come.Knowing how important the initial stages are, Ben and Heather have dedicated this episode to provide advice for anyone facing the awful thought that it might be time to end their relationship. Topics covered include:How and when to break the news to your partnerHow to prepare for that initial conversation if you are in a violent or difficult relationshipWhat are the big-ticket things you need to think about to ensure as little disruption to your family as possibleHow to protect yourself financially in the early stagesDo you need a lawyer and can you and your partner share one lawyerWhen to let the children knowAnd as a final bonus, Heather gives "advice to a friend" on what's most important when first facing up to separation or divorce. Given how many separations Heather has witnessed in over 40 years - her advice is well worth a listen!
31 minutes | Jan 14, 2021
Judge Judy talking family law
Retired Federal Circuit Court Judge Judy Small is without question our most unique, and broadly qualified guest we have had on this program. Judy grew up right here in Coffs Harbour and went on to become a globe-trotting folk singer. She also had a lengthy career as a family lawyer, working for a decade with Victoria Legal Aid and then as a Federal Circuit Court Judge.We were regaled with stories of Judy’s upbringing on the Coffs Coast and her life as a singer and then “got serious” about family law and discussed the following issues:1. Reforms to family law in the 1980s that changed the focus of the law, particularly relating to family violence2. Judy’s thoughts on reform still needed, particularly for Aboriginal and migrant communities.3. Discretion for family law judges: liberating or frustrating.4. Dealing with “he-said”, “she-said” from the bench5. Judy’s advice to someone entering the family law system for the first time:· Make sure you are safe.· Understand that you are not alone.· Have a lawyer that you trust, and who cares.
25 minutes | Dec 4, 2020
Men and Divorce
In this episode Ben and Heather talk with special guest Jean Clayton, CEO of Bridging the Gap Community Services which runs the Men's Resource Centre, about how men experience divorce and separation. The program explores how men may differ from women in their experience of divorce, the trauma of family separation and the impact on self-identity.
27 minutes | Oct 14, 2020
Community Questions - Take 4
Ben and Heather answer questions on divorce, separation and family law from the community. Topics covered include: Parental alienation and adolescenceConsent orderWho pays the mortgage while property settlement is completedCan you appeal a family law decision on mental health groundsDifference between a provisional, interim and final AVO
24 minutes | Sep 14, 2020
Family Law Mediation
In this episode we talk about mediation: one of the biggest cost savers in the entire family law process. A successful mediation can save you the emotional and financial cost of going to court.To get the full story on mediation, Ben and Heather spoke to eminent mediator Philip Theobold. An accredited Family Law Arbitrator, Family Dispute Resolutions Practitioner and experienced Family Law Mediator, Philip has helped many of our clients to successfully reach agreement.Topics covered in this in this episode include:The meaning of mediation.The difference between mediation and Family Dispute Resolution.What happens in a mediation session.Confidentiality in mediation.Readiness for mediation.Court-ordered mediation.Choosing a mediator.Bringing a lawyer or support person to mediation.
18 minutes | Aug 13, 2020
Divorce & the family business
Divorce and separation are almost always difficult. Throw a family business into the mix and the complexity and emotion escalate exponentially. Whether the business is big or small, a family farm or a tech start-up, operating as a sole trader, partnership or company, dividing a business asset throws up difficult questions. And of course, if both parties are reliant on the business for their livelihood and career aspirations things become even trickier.Topics covered in this episode include:Entitlement to a share in the business versus direct effort put into the businessDealing with family businesses handed down through generationsValuing a business for family law purposesOptions for dividing a business assetCan a Family Court judge force the sale of a businessCan a pre-nup protect a business asset in the event of separation
39 minutes | Jul 8, 2020
What is the Judge thinking?
In this very special episode, Ben and Heather are joined by former Family Court judge, The Honourable Rodney K Burr, to give our listeners a unique insight into what the person wielding the gavel is really thinking.Rodney Burr brings to the show the knowledge and experience earned through an long and illustrious legal career. He is a former Justice of the Family Court of Australia, a former Chair of the Family Law Section of the Law Council, recipient of the United Nations Award for Services to the Year of the Family and a Member of the Order of Australia for services to Family Law and Children's Rights.Ben and Heather chat to Rodney about the good and bad sides to being a Judge and then drill down into more specific topics, including:What to expect in Court.What information is important to the Judge.The importance of discretion in making judgements.The perception of Court or Judge bias.How decisions are made.Tips for self-representation.
20 minutes | Jun 14, 2020
Divorce & The Blended Family
As family lawyers, we like to see our clients re-partner and start new lives. But as blended and step families form it can raise unexpected disputes. In this episode host Benjamin Bryant chats with partner and fellow family law specialist Heather McKinnon tackle the often-difficult subject of divorce and the blended family.Topics covered include:How to minimise conflict with your ex when re-partnering.Parenting arrangements when one spouse re-partners.Spousal and child support implications when one spouse re-partners.Shared custody arrangements with children, half-children and step-children.Responsibilities and rights of step-parents and step-children.Financial implications of a second or third divorce.
24 minutes | May 5, 2020
The sound quality of this month's recording is not up to our usual standard. Due to Covid-19 we have been experimenting with different methods of remote recording and the month technology failed us. Our sincere apologies.Property settlement is one of the greatest sources of conflict in the separation process. Bryant McKinnon Lawyers always advise that it's best to figure out what you are actually worth before you start arguing over who gets what. The best way to assess the value or your assets is to employ a professional valuer.In this episode Benjamin Bryant speaks with Ken Potter from Herron Todd White about valuing real estate and to Glenn Aylward from Aylward Auctioneering about valuing household contents.
32 minutes | Dec 5, 2019
Infertility, IVF & Surrogacy: psychology & legality
This month's show focuses on assisted reproduction, and the legal and psychological implications. Ben and Heather talk to Miranda Montrone, a Sydney based psychologist who specialises in counselling in infertility and assisted reproduction.One in six couples in Australia and New Zealand suffer infertility, and of course, a growing number of same sex couples and single women are choosing to have children. So it's not surprising that many people that 1 in 25 Australian babies is not born via IVF. The percentage for surrogacy is smaller, yet it still accounts for an estimated 300 Australian births a year.Miranda Montrone is a practicing psychologist with over 30 years experience counselling in infertility, IVF and surrogacy. She is considered the pre-eminent expert in this field. As well as her ongoing counselling work with clients, Miranda has written a number of papers on IVF and surrogacy, presented at conferences for both health professionals and family lawyers, and provided advice to Parliament when they were drafting the 2010 NSW Surrogacy Act.
32 minutes | Sep 10, 2019
Child-focussed parenting arrangements after divorce
The thorniest questions in any divorce or separation often relate to the kids. In the episode Heather and Ben discuss child-focussed ways to handle financial and living arrangements to achieve the best outcomes for your children.Specific topics discussed include:Budgeting for the long term commitment to raising your children;Child Support Agency assessments;Managing changes in financial situation after divorce;School fees and child support payments;Capitalised child support;Finding the best living arrangements depending on your child's developmental stage;Managing living arrangements for blended families;Handling relocation of one parent;Help available to work out optimum arrangements.
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