Shows
Inside Family Law with Zoë Durand“In control to steer outcomes”, An interview with Elise McSweeny from SplitWorld“in control to steer outcomes”, An interview with Elise McSweeny from SplitWorld
What is SplitWorld?
What is the purpose of SplitWorld?
Discussion of modules. Property and assets module, parenting module, and documenting agreement.
How the algorithm for the financial calculator (property) was developed.
Idea that “The process depletes the resources” of the family and SplitWorld’s intention to be a self empowered process.
Intention to assist parties to collaborate.
DIY Divorce tool kit to save time, emotion and money.
Not all matters are appropriate for this process.
Different ways to use SplitWorld.
Parenting plan module and education resources about how...2020-06-0128 min
Inside Family Law with Zoë Durand"The real world is not the real world" - family law and separation during Coronavirus with Hayder Shkara, principal at Justice Family LawyersHayder Shkara (principal at Justice Family Lawyers) and Zoë Durand discuss:
Lockdown – parenting during a lockdown
School holidays have moved forward in Victoria – school holiday time changes to family law.
Follow the orders to the best of your ability. Try to communicate if possible (via lawyer or directly).
Changeover and also other safety issues. I.e one parents' residence vs the other parents' residence. Safety issues during Coronavirus. “Reasonable excuse” to contravene orders and what constitutes this.
Panic affecting decision making.
Family violence. Court continuing, however processes are modified i.e. use of telephone and other electronic communication.
Family law...2020-04-0525 min
Inside Family Law with Zoë DurandNew ways of doing old problems: family law in the time of CoronavirusNew ways of doing old problems: family law in the time of Coronavirus
Paul Doolan (Partner at Barkus Doolan) and Zoe Durand discuss:
Parenting - compliance with orders due to coronavirus and health conditions.
Commonsense and making decisions in best interests of children.
Property issues, loss of value of assets and loss of income.
Impaired ability to pay child support, spouse maintenance.
How s75(2) factors may be affected.
Unique circumstance of loss on value of assets and earning capacity (unlike past economic recessions).
Difficulty for people resolving disputes at the moment.
Sense of community in family law du...2020-03-3038 min
Inside Family Law with Zoë Durand“A measure of pushback” with Jacqui Dawson (Sexton Family Law)“A measure of pushback” with Jacqui Dawson (Sexton Family Law)
How to empower people going through the process.
What information to prepare for your lawyer: in parenting and property matters. Checking facts and details in a one page summary.
Be completely frank with your lawyer.
Pre-sorting financial disclosure for your lawyer to save legal fees.
Being clear about objectives and seeking assistance from other professionals.
Cues that you have the right/ wrong lawyer for you. Trusting your lawyer. Is your lawyer over promising?
Time frames and communication.
Expertise of lawyers, accreditation.
Is your lawyer objective and calm.
“One of the w...2020-02-2316 min
Inside Family Law with Zoë DurandHiatusSorry to have been away from the podcast for so long. Life got in the way! I hope it was worth the wait.
Come along to the UNSW family law intensive https://www.edge.unsw.edu.au/sites/default/files/2019-11/Family%20Law%20Intensive%20Program.pdf where I will be chairing the day. 2020-02-2302 min
Inside Family Law with Zoë DurandAnne-Marie Cade: 'Between then and now' - the divorce coach walking with clients through the processAnne-Marie Cade (Divorce coach) - Between then and now: moving clients from the story of divorce to the business of divorce.
What is peaceful divorce?
What is the coaching process in practicality. In terms of timing, people can be helped at any stage of the process.
Lawyer as entry point into seeking out other services.
Retelling of negative narratives via divorce process.
Emotional blind spots and fear.
"As a coach I am trained to walk the path with the client."
How coaching can help clients become more self aware. Dialing down emotions.
Difference between therapy and divorce coaching.
Hel...2020-01-1021 min
Inside Family Law with Zoë DurandA discussion with Rachel Brace from Relationspace about Max’s Divorce EarthquakeHistory of Rachel Brace’s career
Reason for creating Max’s Divorce Earthquake
How this book helps normalise the separation and helps children verbalise their feelings about their parents’ separation and encourage conversation between children and parents about the separation.
How Max’s Divorce Earthquake can also help parents – helping parents to support their children.
There is no right or wrong way to feel. There are no “bad” or shameful feelings. Feelings will pass. Feelings and emotions are temporary states, not permanent traits.
Having mixed feelings about divorce.
Tips for parents who are separating.
Really listen to children – even if it is difficult to...2019-11-0811 minInside Family Law with Zoë DurandInside Family Law Podcast launch: 5.30pm, Wed 25 Sept - meet the interviewees behind the podcast, sponsored by Clarence Workspaces for Professionals & Legal Home LoansInside Family Law Podcast launch
You are warmly invited to the launch of the Inside Family Law Podcast:
At Mediation Answers, Level 21, 133 Castlereagh Street, Sydney
From 5.30pm, Wednesday 25 September 2019.
Around 6pm: Short speeches by Zoë Durand and The Hon. Peter Rose AM QC, facilitated by ABC journalist Katherine Gregory.
Enjoy an evening of champagne, drinks, nibbles and networking with interviewees from the podcast and book and your colleagues.
If you would like to be on the Inside Family Law podcast, be there or be square, as we will be bringing o...2019-09-1602 min
Inside Family Law with Zoë Durand“The lens that you have” - Dr Robert Simon (United States Forensic Psychologist) on understanding families around the world and children’s views. AFCC series. “The lens that you have” - Dr Robert Simon (United States Forensic Psychologist) on understanding families around the world and children’s views. AFCC series.
Why Dr Simon supports the AFCC, interdisciplinary nature of AFCC: Talks that leave you “Wondering and imagining.”
International perspectives on family law, example regarding Hawaii and the role of the grandmother in that family, without understanding Culture you may see things through a “lens that did not see it properly”.
Experiences in San Diego; military families.
Allowing the family to educate you about their family: honouring the family when you work with them.
Children’s views...2019-08-2521 min
Inside Family Law with Zoë Durand“The answers for themselves” The Honourable Stephen Thackray on working with Aboriginal Australians to make family law more accessible. AFCC series. “The answers for themselves” The Honourable Stephen Thackray on working with Aboriginal Australians to make family law more accessible. AFCC series.
The Honourable Stephen Thakray’s career path through the family law process including having been a Chief Justice of the Family Court of Western Australia, and Senior Judge of the Appeal division of Family Court of Australia and Acting Chief Justice of the Family Court of Australia, his current work as a mediator and prior to all that, in his words, “a boy from country WA.”
Work in Newman in the Pilbara region of Western Australia and new process...2019-08-2516 min
Inside Family Law with Zoë Durand“A voice not a choice” – The Honourable Diana Bryant AO QC (former Chief Justice of the Family Court of Australia) on what is working well, what could work better and ideas for reform. AFCC series. “A voice not a choice” – The Honourable Diana Bryant AO QC (former Chief Justice of the Family Court of Australia) on what is working well, what could work better and ideas for reform. AFCC series.
The Hon Diana Bryant’s career path in family law.
Family law reform. ALRC report and Diana’s personal views about family law reform.
Education for parents and also possible education for children at school about divorce and separation. Increasing awareness about how to be child focused during separation.
Importance of incorporating the children’s voice in a better way in family law.
Need for stan...2019-08-2516 minInside Family Law with Zoë Durand“Things we can do now” - Judge Alexandra Harland on making positive changes on the ground. AFCC series. “Things we can do now” - Judge Alexandra Harland on making positive changes on the ground. AFCC series.
Why Judge Harland is drawn to the AFCC. The positive efforts of the AFCC and family report writer training.
Family law as intersecting with many different areas and professions.
Perspective that change can happen at the coalface with those who work in the area of family law.
Increasingly better coordination between the different professionals in family law.
Family Court and Federal Circuit Court and coordination that has already been occurring between the Courts and streamlining court rules and processes.
Tips and w...2019-08-2516 minInside Family Law with Zoë Durand“Focus on the kids and think long term” – Judge Tom Altobelli on the AFCC, the importance of collaboration and insights for parents who are separating. AFCC series.“Focus on the kids and think long term” – Judge Tom Altobelli on the AFCC, the importance of collaboration and insights for parents who are separating. AFCC series.
History of Judge Altobelli’s career.
Judge Altobelli’s views about why he is a member of the AFCC.
The importance of collaboration between professionals in the family law system.
Issues particular to Wollongong registry including socio-economic disadvantage of some of the parties.
Supportive insights for those going through a separation.
“As unpredictable as the journey might be, keep your focus on what is best for your children. Focus on the kids and thi...2019-08-2506 min
Inside Family Law with Zoë Durand“You know, but you don’t know” – Albert Frantz (concert pianist, entrepreneur, social justice advocate, Vienna) on being a donor conceived child and identity as a human right. AFCC series“You know, but you don’t know” – Albert Frantz (concert pianist, entrepreneur, social justice advocate, Vienna) on being a donor conceived child and identity as a human right. AFCC series.
Albert’s personal history as a donor conceived child.
Sperm donation in the 1970’s.
Identity as a human right – the rights of a child and open sourcing of identity.
Psychological impact of growing up not knowing one’s biological family: “I fell from the sky”.
Existential debt – expectation that donor conceived people and also adopted people should be perpetually “grateful”.
“Here’s a common theme amongst donor conceived people; you know even when you...2019-08-2524 minInside Family Law with Zoë Durand“A different way of thinking” - On parenting Coordination overseas and recently in Australia with Dr Astrid Martalas and Craig Schneider, South Africa. AFCC Series.“A different way of thinking” - On parenting Coordination overseas and recently in Australia with Dr Astrid Martalas and Craig Schneider, South Africa. AFCC Series.
What is parenting co-ordination?
How long does parenting co-ordination last?
High conflict matters and court resources.
Powers of the Court not usurped by parenting coordination – judicial authority and parenting coordination?
Role of parenting coordinator to assist, facilitate and empower the parties.
Education by the parenting coordinator.
Transforming the way parents relate to each other so ultimately, hopefully they can resolve their disputes directly.
Parenting coordination as a logical extension of the mediation process in Aus...2019-08-2528 min
Inside Family Law with Zoë Durand“They count for something” – Darren Mort (Barrister, actor and director, Melbourne) on Child focused separation including the book and film ‘Tommy’. AFCC Series“They count for something” – Darren Mort (Barrister, actor and director, Melbourne) on Child focused separation including the book and film ‘Tommy’. AFCC Series
Darren’s career history of acting, producing and working as a barrister in family law.
The story of Tommy – Film and children’s book about Tommy whose parents are separating.
To Be Loved organisation, creating resources to support parents and children through separation.
Darren’s personal views about how courts should not be used as a forum to abuse an ex partner and children having a more adequate presence in the court
Tobeloved.org.au2019-08-2509 min
Inside Family Law with Zoë Durand“What are these problems?” Dr Phil Stahl (psychologist and expert witness, Arizona) on the specific issues that complicate post separation parenting. AFCC series.“What are these problems?” Dr Phil Stahl (psychologist and expert witness, Arizona) on the specific issues that complicate post separation parenting. AFCC series.
Dr Stahl’s experience and work throughout the United States and the world.
How the majority of parents can develop problems on their own via Alternative Dispute Resolution.
20% or so of families there are problems that make it difficult to resolve disputes.
Domestic violence and different types of violence: separation instigated violence, situational couple violence, coercive controlling violence. How in coercive controlling violence escalates after separation. Need to differentiate violence the type of violence in a fami...2019-08-2521 min
Inside Family Law with Zoë Durand“Building strength and resilience between the parents” - Our Family Wizard with Timothy McMichael and Rachael Howitz: use of technology is family law. AFCC series. “Building strength and resilience between the parents” - Our Family Wizard with Timothy McMichael and Rachael Howitz. AFCC series.
Website and mobile app for co-parents who have separated.
Messaging functions with tone metre (“spell check “ for your tone), calendar function, parenting schedule, info bank (storing medical information).
Lawyers and other professionals can also be given access to the parties account.
Tone metre – developed by a linguistics company. Gives parents a moment to reflect prior to sending a message.
Calendar function to assist parents – auto populating of time arrangements.
Communication, school, medical information and time arrangements in one place.
Messages from...2019-08-2520 min
Inside Family Law with Zoë Durand“Winning and losing is not going to be helpful” - Timothy McMichael (Mediator of the Year in New Zealand) on comparing mediation in New Zealand and Australia. AFCC series.“Winning and losing is not going to be helpful” - Timothy McMichael (Mediator of the Year in New Zealand) on comparing mediation in New Zealand and Australia. AFCC series.
Both New Zealand and Australia place importance on family law mediation.
Family mediation works in similar ways in New Zealand and Australia.
Parties in New Zealand are allowed more hours of mediation than in Australia.
Several multiple sessions of mediation in New Zealand.
Issue of delays in Court in New Zealand.
Recommendations regarding family law reform in New Zealand.
Child focused and child inclusive mediation in New Zealand.
2019-08-2511 min
Inside Family Law with Zoë Durand“Talking to a wall” – Reflections on surrogacy in Australia, following a personal experience with Stephen Page (lawyer, Brisbane). AFCC series. “Talking to a wall” – Reflections on how surrogacy in Australia, following a personal experience with Stephen Page (lawyer, Brisbane). AFCC series.
Stephen Page’s personal journey to have his daughter Elizabeth using surrogacy: “overwhelming joy of generosity” from the surrogate
Bumps in the road along the surrogacy journey; medicare rebait, changing clinics. Also the surrogate had a miscarriage and later an ectopic pregnancy.
Issues in the hospital following the birth of Elizabeth.
Reflections on potential changes to surrogacy in Australia, following his own personal experience.
2019-08-2516 minInside Family Law with Zoë Durand“Don’t you ever get a spot on your shirt?” Dr Robert Simon (United States Forensic Psychologist) on how all parents make mistakes and understanding each families unique culture. AFCC series.“Don’t you ever get a spot on your shirt?” Dr Robert Simon (United States Forensic Psychologist) on how all parents make mistakes and understanding each families unique culture specific to them. AFCC series.
Focus of his talks at the AFCC Conference.
Dr Simon’s history in family law, around the world and in particular in the United States.
Understand a families “Culture” and their “culture”. Each family has their own culture unique to them.
Usually, the greatest risk to children is the conflict in and of itself, not the thing they are having the conflict about: “The problem is not the...2019-08-2510 minInside Family Law with Zoë DurandJeffrey Choy “looking for little shiny baubles” – Jeffrey on his personal experience with separation and his work today as a family lawyerJeffrey Choy “looking for little shiny baubles” – Jeffrey on his personal experience with separation and his work today as a family lawyer
History of Jeffrey’s career and personal experience with divorce prior to working as a family lawyer.
Jeffrey’s personal experience having ADHD (Attention Deficit Hyperactive Disorder) and how he has made this work to his advantage as a family law.
Tips on preparation of affidavit evidence
Jeffrey’s personal experiences and the fall out years later after a separation including his continued estrangement from his daughter.
Jeffrey’s tips for parties going through the process based on his o...2019-08-1136 minInside Family Law with Zoë Durand“marking the end” – David Leckie (Global Director) on amicably separating through Divorce Hotel International“marking the end” – David Leckie (Global Director) on amicably separating through Divorce Hotel International
David and I discuss:
David Leckie's background
Aims of Divorce Hotel International
History of Divorce Hotel International
Process for separating via Divorce Hotel International
Children being affected by exposure to conflict and how this changes who they will become as adults.
Preparatory work and screening
Actual process over the weekend at Divorce Hotel
Marking the end of the relationship
Experts available during mediation process
How clients are seeking something else/ pushing other agendas that are not always met via the Court process (i.e. m...2019-07-0721 minInside Family Law with Zoë Durand"To be commercially sensible" - Kate Rafton on approaches to family lawI interview Kate Rafton, who founded Raftons Family Lawyers about:
What is different about Raftons and their approach
Taking a commercial approach
encouraging settlement
Initial conferences
Advice regarding costs
Communication with clients
'Process driven' ways of doing family law and how this can lead to not being able to see the wood for the trees.
Having a proportionate response to the matter and issues in a matter.
Arbitration.
Billing in family law, issues around incentives for efficiency in billing.
Mediation and issues surrounding delay in government funded centres offering mediation.
Different parenting styles.
Please get in touch with K...2019-06-2829 minInside Family Law with Zoë Durand“just keep going” – Nicole Pozovsky from Swaabs on some of the challenges of being a younger practitioner in family law and strategies to overcome theseIn this interview Nicole and I discuss:
Nicole’s career history and what drew her to family law
The challenges of family law in particular for younger practitioners
Nicole’s tips for winning over the client’s confidence when you are a younger practitioner
Challenges between practitioners for younger lawyers, i.e is there a 'reverse ageism' in the area against younger family lawyers?
Nicole’s strategies for working with other practitioners who may have an unconscious bias against younger lawyers.
Listening to the client’s concerns and emotional intelligence
Taking charge of a matter and managing the pathway for...2019-06-2336 minInside Family Law with Zoë Durand"The commonsense approach" - Tahlia Bleier on the groundbreaking High Court case of Masson & Parsons and AnorInterview with Tahlia Bleier who had carriage of the recent High Court case Masson & Parsons and Anor discusses
- Judgement in the recent High Court case
- Positive and negative implications for families, parents, donors and children of this case
- Ideas for law reform following this case
- Recommendations for those entering into having a child with a known donor.
- Why the floodgates have not been opened by this matter and it is not necessarily as reported in some media that "sperm donor found to be parent". H...2019-06-2123 min
Inside Family Law with Zoë Durand"One woman a week still dies..." - Kerry Chikarovski on family violence and her work with Our WatchKerry Chikarovski talks about her work with Our Watch and shares her insights on family violence. Overall she discusses how there is an improved understanding of family violence in the community and also much more public discussion about it. However the fact remains one woman a week still dies at the hands of her partner. In particular the message she communicates is that family violence is not something that happens "over there" but rather is much deeper in our society than that and goes back to lack of respect for women on a broader level. For more see:
Kerr...2019-06-0725 minInside Family Law with Zoë Durand'I want children to see their parents with open eyes' - Dr Jennifer Neoh on her new groundbreaking type of family therapyDr Jennifer Neoh discusses:
Her unique family therapy where she works intensively with families for 4 full days consecutively (as opposed to say for a session once a week ongoing). Including a breakdown of what occurs during this therapy on each day.
History of how this therapy was created, including drawing on experiences from family law in the USA.
How this therapy has worked in complex cases, including where there is a rejected parent, children with anxiety and also importantly in cases where there is family violence.
'Alienation' or 'rejected parent' cases.
Cognitive behavioural work with children with anxiety.
...2019-05-2038 minInside Family Law with Zoë Durand'Make the deal, not break the deal' - with Registrar Brett McGrathBrett McGrath, acting Registrar of the Family Court and Senior Associate from Gadens and Lecturer at UWS (amongst many other things), discusses alternative dispute resolution, approaches in family law and being sensible and commercial when resolving matters. He also talks about his own pathway into family law professionally and also personally, including being a child of divorce and how seeing his parents' resolution of their matter influenced him.
For more on Brett see:
https://www.gadens.com/wp-content/uploads/2019/04/Brett-McGrath-Profile.pdf
For more on Zoë Durand (mediator, lawyer) and Inside Family Law (the p...2019-05-1633 minInside Family Law with Zoë DurandBonus - Behind the scenes of Inside Family Law - interview by Eric Gyors with Zoe Durand (originally aired on Eastside 89.7FM)Bonus - Behind the scenes of Inside Family Law - interview by Eric Gyors with Zoe Durand (originally aired on Eastside 89.7FM)
Talking candidly about working as a family lawyer and also life, the universe and everything... including the behind the scenes of writing a book with an under 1 one year old and motherhood and creativity. 2019-05-0941 minInside Family Law with Zoë Durand'That children could do that or would do that' - The Honourable Mark La Poer Trench on children's wishes (increasing maturity of children) and also self represented litigantsAn interview with former Family Court Judge (and now mediator, arbitrator and Principal Member on the NSW Civil and Administrative Tribunal, having been appointed as an Acting NSW District Court Judge). Issues discussed include:
Background re Mark La Poer Trench- his French heritage and career path
Retirement age for Judges
The voice of the child, children's wishes and the weight given to these in the context of societal changes (increasing maturity of children)
Self represented litigants and how to work best with them
Creative ideas for how we can best assist self represented litigants including insights from Canada a...2019-05-0638 minInside Family Law with Zoë Durand‘Back to the future’ – The Honourable Peter Rose OM QC on the ALRC recommendations for family law reform (as seen in The Australian)As featured in The Australian 23 April 2019
https://www.theaustralian.com.au/inquirer/family-law-reform-priority-for-next-australian-government/news-story/93af28df3bbe0c6f67b1e69910c7a0a2
https://www.theaustralian.com.au/business/legal-affairs/judicial-wishlist-to-clear-family-law-backlog/news-story/68f15f036d7d47fbb5b5a1f6629cd418
In this interview I speak with former Family Court Judge, The Honourable Peter Rose OM QC (now Mediator, Arbitrator and Adjunct Professor at Sydney University and also my mentor for several years) about the ‘the good, the bad and the ugly’ (my words) in relation to the recommendations for family law refo...2019-04-2332 minInside Family Law with Zoë DurandWhy Inside Family Law? Introduction from Zoë DurandThrough the Inside Family Law podcast I hope to demystify family law, bring conversations with leading minds in family law to listeners in an accessible way and spark discussion across all the different stakeholders in the family law process.
If you want to get in touch about my podcast, my mediation services or work as a lawyer, or the CPD's or SOS Lawyer Magic workshop I offer then please contact me as below. If you would like to know about the Inside Family Law book also see the below website. :-)
www.mediationanswers.com.au
...2019-04-1418 minInside Family Law with Zoë Durand'The devil will be in the detail' - the ALRC recommendations for reform with Amy Jenkins (lawyer)In this interview with Amy Jenkins (partner and national head of family law at newly merged firm Russell Kennedy Aitken) we discuss and evaluate the proposed reforms in the ALRC report, including, the following proposals:
for presumption of equal contributions during the relationship.
presumption that superannuation accumulated during the relationship should be equally divided.
relevant date to ascertain the value of assets to be changed to the date of separation.
personal costs orders against lawyers.
requirement for compulsory mediation prior to filing Court proceedings in not just parenting but also property matters.
returning family law matters to the...2019-04-1440 minInside Family Law with Zoë Durand'Crossing the bridge' - parenting through a separation with Vincent Papaleo (clinical psychologist and family report writer)In this podcast I pick the brains of leading clinical psychologist and family report writer Vincent Papaleo. This is a MUST LISTEN to for parents who are separating and also lawyers (and lawyers please have your clients listen to this!) Topics include:
how to best support children through a separation.
Cases where children are not seeing a parents (i.e. 'alienation', estrangement and rejected parent cases).
How endemic conflict affects children and also how it impacts them when they become adults.
family therapy in family law (reportable or unreportable?)
High conflict personalities.
Children’s best interests vs parents obs...2019-04-1352 minInside Family Law with Zoë Durand'Left behind parents' - International child abduction with Rebecca Chapman (lawyer)In this discussion with Rebecca Chapman, head lawyer from International Social Services Australia (ISSA) discusses:
International mediation.
Assistance to parents whose children have been removed overseas including the Hague Convention.
Issues of family violence and the Hague convention
Questions around if removing a child overseas be criminalised
Changes in child abduction matters as we become a more global world.
2019-04-1346 minInside Family Law with Zoë Durand'The door was open' - Can a sperm donor be a parent? With Tahlia Bleier (family lawyer)Tahlia Bleier discusses the ground breaking case of Masson & Parsons and Anor [2018] FamCA 823 (18 September 2018) with the appeal to the High Court of Australia being heard on Tuesday 16 April. Very much family law at the frontier, Tahlia and I discuss
The background facts and history of the proceedings
The wider consequences for families of this case, depending on how the High Court decides it.
What can we learn from all of this in terms of practical steps that can be taken before a child is born when a known sperm donor is involved to ensure there is greater clarity for...2019-04-1330 min