NSW Questions on Mediation and Procedural Orders

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Lennon

Well-Known Member
11 September 2014
270
36
719
My point is that -
She can and probably will record mediation. My concern about this is that she will replay this to my 5 year old daughter. As she has played recordings for her before yet I have no proof of this except for my daughter saying "Daddy, Mummy showed me that video recording of you being mean". I have no idea what this recording is nor what it is about.

So what can I do if she does the above??

I think it's pretty unlikely that she will record the mediation. She won't be alone, she will be in a room with a mediator.
 

Brandon Taylor

Well-Known Member
11 July 2017
42
3
124
The mediation office has told her that she can do it from her home. They have now told me the same thing now however, I will be following the judges instructions and going in person.
 

Lennon

Well-Known Member
11 September 2014
270
36
719
When we mediated by telephone we both attended a local Family a Relationship Australia office and there was a mediator in the room with each of us.
 

Brandon Taylor

Well-Known Member
11 July 2017
42
3
124
She lives in Rural QLD. There is no UNIFAM remotely close to where she lives. Hence, the judge ordered her to where I live for mediation. We were ordered to contact UNIFAM.
 

Aneta Dimoska Di Marco

Active Member
21 April 2017
6
0
31
43
Sydney, NSW
www.heraslaw.com
Hi Brandon,

In response to your original questions. Yes you should definitely write to the Judge's associate to obtain a clarification on the orders. No it is never too late. Make sure you CC your partner (and her lawyer) in the email because you are prohibited from communicating with the Judge's Associate without including the other side in the communication.

The Associate will provide a response via email. Worst case scenario, they can review the recording of what was said and the orders can be amended via the slip rule: Rule 16.05 of the Federal Circuit Court Rules 2001 (If you were at the federal circuit court - which is where you likely were), or Rule 17.02 in the Family Court of Australia. If you need to amend the orders via the slip rule, you simply write to the registry, refer to the proper slip rule, CC other parties, and request the amendment (providing proof of your request).
 

Brandon Taylor

Well-Known Member
11 July 2017
42
3
124
Okay so the procedural order was made in a different location to where I am now (moved like a week before the court date). So if I were to write to the associate, would I write to the old Judges' associate or the new one?