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QLD When Should I Engage a Barrister in Family Court?

Discussion in 'Family Law Forum' started by Joe Bloggs, 7 November 2017.

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  1. Joe Bloggs

    Joe Bloggs Active Member

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    It's been suggested that I engage a barrister as the Family Court Judge simply doesn't seem to be listening or reading the material presented to her?

    It really seems that the system is about making money as opposed to listening and finding truth. Would having a Barrister be of any benefit in simply getting the information heard?
     
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  2. Lennon

    Lennon Well-Known Member

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    I'm a lawyer but was self-representing for the first 6 months (well, I still am self-representing). After the first 2 directions hearings where it became extremely obvious that the judge wasn't listening to anything I said, I briefed a barrister to attend the directions hearings and the final hearing. Final hearing is next month, I'll let you know if it was worth the money after that!
     
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  3. Joe Bloggs

    Joe Bloggs Active Member

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    Thank you Lennon,

    It's similar to me, the Judge simply isn't listening.

    From your experience is a judge more likely to listen to a barrister and act on it?
     
  4. Lennon

    Lennon Well-Known Member

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    It's difficult for me to say, because I live in Perth and my hearing is in Brisbane. I appeared at the directions hearing on the telephone and the Judge behaved appallingly towards me (I'm a litigation lawyer and have appeared in court probably 200 times for work, and have never been spoken to like that). My ex had a lawyer who would appear in person and spout all kinds of rubbish (for example he told the Judge that the kids have only met my fiance once - this was ridiculously wrong, but the Judge would not even let me respond).

    I engaged a barrister at a point where my ex was trying to get certain things to happen, which I didn't want to happen. I just wanted it listed for hearing. The barrister attended and lo and behold, she didn't get what she wanted and it was listed for hearing. I didn't attend because of the distance factor so I don't know if the Judge behaved better towards the barrister than he has towards me, but based on the outcome of that directions hearing I expect that must be the case.

    I was always planning to engage a barrister before the final hearing anyway because I think giving evidence and cross-examining my ex without a barrister would be very difficult. I didn't think it would be necessary for directions hearings, but with the attitude of the judge allocated to my case I felt I had no choice.

    Edited to add: I wonder if we are dealing with the same Brisbane judge.
     
  5. Billbobson

    Billbobson Well-Known Member

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    Oh man, this sounds so similar to my case here in Brisbane. Judge hadn't read a thing - even told me in my interim hearing I couldn't file an application in case, wouldn't listen to a family report we'd had done until trial, which they then set down for late 2018 or early 2019 (this was in late 2016).

    I engaged a barrister, filed an application in case and guess what, my ex started to listen and realise I wasn't kidding around. After 8 hours of negotiation, she finally agreed to 5 night from May next year.

    My thoughts? The barrister definitely helped me get further along the road. Next steps, trail call over, trial date and hopefully 7 nights with my daughter. Only 1 1/2 years to go :(.
     
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  6. Joe Bloggs

    Joe Bloggs Active Member

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    Billbobson - almost identical to me.

    What actually is "an application in a case"?

    Which barrister did you use?
     
  7. Billbobson

    Billbobson Well-Known Member

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    I can almost guarantee we have the same judge. Very hard work with her.

    One of the other more knowledgeable people here might be able to define it better, but for me, we had had change in circumstances from when the original orders were made over 1 year ago, so we filed the application. My understanding is that it is application in cases that are on going, outside of those set by court.

    Not sure I'm allowed to day who I used publically. But I can pm you. He was fantastic.
     
  8. Billbobson

    Billbobson Well-Known Member

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    Actually, don't think I can Pm you.. Are we all our to recommend at all?
     
  9. Joe Bloggs

    Joe Bloggs Active Member

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    Yes I have a "she" Judge in Brisbane!

    If you could PM me that would be wonderful.

    Do you need an email?
     
  10. Billbobson

    Billbobson Well-Known Member

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    Yeah I don't think I can Pm you through here?

    You might have to put an email.
     
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