This Week in Family Law

Ep 17: Lies, retainers and when to walk


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In this episode of This Week in Family Law, we cover the latest updates in Australian family law, including a farewell to the Honourable Justice Aldridge, a new AI practice note from the Supreme Court of Victoria, a landmark Canadian decision recognising a new tort of intimate partner violence, and the Court's new robing policy. 

For Ethics with Elena, we dive into what to do when your client isn't telling the truth, including real examples from practice, the ethical obligations around terminating a retainer, and the rules you need to know before you walk away.


Chapters:
0:00 - Introduction
1:20 - What's Up? - Updates in Family Law for this week
6:15 - Ethics with Elena - When Your Client is Lying to You


Disclaimer: This podcast is intended for general information and discussion purposes only. It does not constitute legal advice, and should not be relied on as such. The views expressed are general in nature and may not apply to your specific circumstances. You should seek independent legal advice before acting on any information discussed.



About the podcast:
This Week in Family Law is the go-to podcast for busy Australian family lawyers looking to stay updated without the overwhelm. Whether you’re a family lawyer in Australia, a practitioner working towards CPD, or simply interested in family law, this podcast delivers clear, practical insights in a bite-sized format. Subscribe to stay up to date with the latest developments in Australian family law. New episodes drop every Monday.


Topics covered in this episode:
- Reflecting on the success and growth of the podcast as Season One wraps up
- Farewell to Justice Aldridge after more than a decade on the Family Court bench
- Victoria’s new AI practice note and what it means for legal practitioners
- Whether other Australian courts will follow Victoria’s lead on AI guidance
- Canada’s landmark recognition of a new tort for intimate partner violence
- The new robing policy for barristers and solicitor advocates in court appearances
- Why clients sometimes lie or withhold information from their lawyers
- Real practitioner stories involving fabricated evidence, hidden assets, and deceptive conduct
- When lawyers are ethically required to stop acting for dishonest clients
- Key professional obligations under the Australian Solicitors’ Conduct Rules



Links:
Ceremonial sitting to farewell The Honourable Justice Aldridge
https://www.familylawsection.org.au/events/14-other-family-law-events-aiflam/2179-ceremonial-sitting-justice-aldridge.html

New Practice Note and Judicial Guidelines on the use of artificial intelligence | The Supreme Court of Victoria
https://www.supremecourt.vic.gov.au/news/new-practice-note-and-judicial-guidelines-on-the-use-of-artificial-intelligence

Landmark Supreme Court of Canada decision creates new tort of intimate partner violence | Canadian Lawyer
https://www.canadianlawyermag.com/news/general/landmark-supreme-court-of-canada-decision-creates-new-tort-of-intimate-partner-violence/394112

Barber & Chalke [2024] FedCFamC1F 356 (22 May 2024)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1F/2024/356.html?context=1;query=Barber%2520&%2520Chalke;mask_path=

Robing policy | Federal Circuit and Family Court of Australia
https://www.fcfcoa.gov.au/policies-and-procedures/robing-policySonnet 4.6


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This Week in Family LawBy LEAP Family Law