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An enduring power of attorney and enduring power of guardianship are critical legal steps families need to take. Here is why.

The Australian Bureau of Statistics on 19 August 2020 published the provisional mortality statistics for January to May 2020 and reported that dementia, including Alzheimer disease, is the second leading cause of death in Australia and that counts of deaths from dementia have increased steadily over the past 20 years.

The report also says:

• There were 5,794 deaths from dementia, including Alzheimer disease, occurred between 1 January and 26 May 2020.
• The average number of deaths for the same period from 2015 to 2019 was 5,026.
• Deaths due to dementia were above historic averages in all weeks from January through to the end of April. Numbers of deaths decreased in May, with counts falling below 5 year averages in mid-May. It is likely counts of dementia deaths for May will increase as additional deaths are registered and included in future reports.
• Over the four weeks from 18 March to 14 April 2020 there were a total of 1,198 deaths, 223 more than the historic average for 2015-19.

You can see the full report here: https://www.abs.gov.au/ausstats/abs@.nsf/0/0E25B19FEA63D324CA25859000222EBD?Opendocument

An enduring power of attorney and the enduring power of guardianship allows you to appoint someone you trust to make financial and lifestyle decisions for you in the event you are unable to make those decisions for yourself due to illness such as dementia and Alzheimer disease.

Enduring powers of attorney and guardianship are documents you should include in your estate plan along with your Will to give peace of mind that the right people are appointed to make decisions for you in the case of incapacity.

With dementia and Alzheimer disease on the rise in Australia, it’s important to consider these documents with your estate planning lawyer.

Clairs Keeley has more information on setting up an Enduring Power of Attorney and one of our lawyers can explain everything and organise everything hassle-free.  Simply contact us for a quote.

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Lara Anstie, Simonetta Cavilli, Timothy Doukakis & Chantelle Lacroix

Family law is quite distinct from other areas of law in the way the law is written, the way the courts decide the cases, and the way the court processes work.

The fundamentals are the same:

• Every litigant has the opportunity to be heard and present evidence;
• The process is adversarial, and detecting the truth not necessarily the primary goal;
• Like other civil claims, to accept a fact, the Court must be satisfied on the balance of probabilities, or to a higher standard if the allegation is serious;
• Courts become involved in people’s lives when someone makes an application, and they do not actively “police” compliance with orders or the law;
• The Evidence Act 1906 (WA) applies in the Family Court of Western Australia, as in all other Western Australian Courts; and
• Courts are bound to follow previous decisions of higher courts to achieve consistency in the application of the law.

Major differences are:

• The family law legislation (Family Law Act and Family Court Act) created a new regime in Australia starting in 1976, and has had substantial amendments every 7-10 years since, depending on the politics of the day and sometimes, social science;
• Judges and Magistrates make decisions within the limits of a fairly broad discretion as provided in the legislation in both parenting and financial matters ie there is no formula or certain answer (versus a dichotomous “guilty or not guilty”);
• In parenting matters, the rules of evidence are “relaxed” and the Judges and Magistrates are active in managing the cases;
• In parenting cases, the Rules of Court prohibit litigants from relying on expert evidence without leave of the court, unless the expert is a treating practitioner or a Single Expert Witness;
• Children must not give evidence (in court or by affidavit);^[1]
• Children must not be assessed or examined without leave of the court;^[2] and
• The Family Court of Western Australia shares information with police and child welfare authorities as a matter of course.^[3]

As a consequence of the regular amendments to the legislation, the language used in family law, especially around parenting orders, may sound like plain English, but has specific meaning under the legislation, and in court orders.

Click here to continue reading the full article.

[1] Family Law Act 1975 (Cth) s 100B.

[2] Family Law Act 1975 (Cth) s 102A.

[3] By means of a Memorandum of Understanding, which is not a public document.

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Before we start, I will answer the inevitable question. Yes, women are perpetrators too[1].  Our understanding of violence and families tends to be strongly gendered, reflective of our broader society.

Check the credibility of your sources – if it’s a men’s rights activist, they’ll have a bias.  If it’s a feminist activist, they’ll have a bias.  If it’s an Anglo, professional/middle class probably conservative legal professional, they’ll have a bias.

How is this relevant to practitioners who don’t do parenting or restraining order cases?

Family and domestic violence (FDV) isn’t confined to neat legal subject areas like crime, restraining orders and parenting cases.  It permeates the substantive areas of property, maintenance and child support/adult child maintenance cases just as much.  It goes well beyond Kennon [2] in factoring in that the victim’s contributions were made more arduous as a result of the violence. We see it as unconscionable conduct in financial agreement cases[3] and in guarantees[4].

It also permeates the procedural elements of negotiation, mediation, collaboration, arbitration and litigation; how we create a physically safe place for these to occur and our own boundaries about what we can and should do in representing our clients.

The focus of this paper is how we, as practitioners, should conduct ourselves when we act for alleged perpetrators.  It’s about being part of the solution, rather than being part of the problem.  For those of you sitting there thinking this is some kind of motherhood statement, look at it as avoiding proving the victim’s case by the way you conduct the alleged perpetrator’s case.

Click here to continue reading the full article 

[1] Family and Domestic Violence in Australia 28 February 2018, Australian Institute of Health and Welfare

[2] In the Marriage of Kennon (1997) FLC 92-757

[3] Thorne v Kennedy [2017] HCA 49

[4] Garcia v National Australia Bank Ltd (1998) 194 CLR 395

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What is family law disclosure?

In family law, disclosure is the process of parties to litigation providing to each other first a list and secondly copies, of all documents in their possession or control which are relevant to the matters in dispute between the parties.

What is the purpose of family law disclosure?

One purpose of giving disclosure is to try and reduce the areas of dispute between parties.  The more relevant information which is shared between parties potentially the fewer areas of disagreement will remain.

Disclosure is also important for your lawyer and your case. It is imperative that your lawyer is able to find relevant documents easily, so having a comprehensive set of documents described accurately and clearly is an important tool for your lawyer to use while representing you.

How often must I disclose?  (Keep up to date)

You have an obligation to continue to disclose relevant documents until the proceedings are finished. Talk to your lawyer about how frequently you should provide new bank statements, investment information, valuations and diaries of events etc.

When can I argue about what I disclose?

If you and your lawyer are of the view that documents which are sought are irrelevant or “privileged” (such as letters of legal advice), you may choose to refuse to disclose them, or having disclosed them in a list, may refuse to provide copies.

What must I disclose?

Documents:

• relevant to the areas of dispute; and
• in your possession or control; or
• previously in your possession or control.

You do not need to provide explanations or commentary in relation to the documents.

You need to identify what precisely are the areas of dispute or argument and disclose documents that relate to those issues.

You only need to disclose what you have or have had in your control or actual possession.  You do not need to create documents to disclose.  You should also disclose documents which have gone from your control – i.e. have been lost or destroyed or given to other people (such as bank documents you have signed).

What types of documents must I disclose?

• Income and employment e.g. payslips and tax returns.
• Financial institution e.g. bank statements, mortgage documents, loan agreements and credit card statements.
• Real estate e.g. contracts for the purchase or sale, original or copy certificates of title and valuations or market appraisals.
• Business income e.g. annual financial accounts, profit and loss statements, bank account statements, articles and memorandum of association, leasing and hire purchase agreements.
• Share and debentures in public companies or institutions e.g. details and records of any investments and debenture certificates.
• Social welfare e.g. detail of any social security pensions or payments.
• Maintenance, spousal or child support e.g. any documents relating to the receipt or payment of any amount of maintenance payable.
• Fringe benefits e.g. any documents relating to any benefits received through employment.
• Tax e.g. copies of income tax returns and taxation assessments.
• Other sources of income e.g. distributions from a trust or estate and dividends.
• Insurance policies.
• Superannuation e.g. recent member statement and policy document.
• Trust fund e.g. copy of the trust deed and annual accounts or tax returns for the trust.
• Motor vehicles e.g. registration certificates, appraisals or valuations.
• Valuations of any items of furniture and jewellery.

When must I disclose?

Certainly when asked or ordered to do so.  Commonly during “Pre Action Procedures” and once Court proceedings have commenced.  But practically prior to mediation or negotiation meetings.

What form does disclosure take?

First, the preparation of a list of the documents with accurate descriptions so they can be identified.  Secondly, providing copies of certain documents as required by the Family Law Rules 2004.  Finally, making the documents available for inspection by the other party and their lawyer and providing copies of documents they want at their cost.

What don’t I have to disclose?

Privileged documents, advice (legal) and irrelevant documents

How do I get disclosure from the other party?

If the other party won’t provide disclosure, you can:

• ask for specific documents in a letter;
• once proceedings are commenced, you can get an order for disclosure;
• you can give a Notice to Admit (talk to your lawyer about this); and
• you can issue subpoenas (talk to your lawyer about this).

What should I ask the other party to disclose?

First, make a decision about what types of documents you want to see. Don’t ask for unnecessary documents as that will increase costs for no or little benefit.

How are disclosed documents used in court?

Just because documents are disclosed does not mean they get seen by the Court. It is not until they are introduced into evidence that the Judge or Magistrate sees them. To have a document put into evidence generally requires it to be attached to an affidavit or put to a witness in a trial for the document to be identified.

When should I not argue about it?

When it will cost money to argue and there is no prejudice to you in providing the document even if it is not strictly discoverable.

 How can I help my lawyer prepare disclosure and reduce costs?

First, be clear about what documents you must disclose. Then make sure you provide them quickly and keep providing them so the disclosure is kept up to date (for example, bank statements).

Secondly, provide original documents (we will keep them safe) where there is a modest amount and provide them in chronological order separated into different categories (e.g. a set of statements for each bank account).

If there are many documents, discuss with your lawyer how best to provide them electronically.

For further information, please visit the following links and contact one of our family law specialists:

https://www.legislation.gov.au/Details/F2017C00701

http://www.familycourt.wa.gov.au/_files/Duty%20of%20Disclosure%201%20Sep%202010.pdf

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Clairs Keeley is proud to announce that on 1 July 2017 Debbie Clinch was appointed a Partner of the firm.  Debbie brings over 21 years of experience in Family Law.  She is an accredited family law specialist with experience in all areas of family law related matters. For more information about Debbie’s experience please see her profile at https://www.clairskeeley.com.au/projects/debbie-clinch/ 

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Life’s Challenges – Have a Plan, Not a Drama

On Thursday, 18 May 2017 from 12.30pm-2pm Clairs Keeley & Tilenni Stiles & Associates will provide a free information session to the community about dealing with life’s challenges.

Hear from a family lawyer, an estate planning lawyer, an accountant and a financial planner about how you can approach life’s challenges, like starting a family, starting a business, making investments, divorce, business failure, illness or disability, retirement and bereavement, to manage the legal and financial risks to stay out of Court, and stay talking to your loved ones.

To register your attendance please email ck@clairskeeley.com.au or telephone (08) 9228 0811.

Venue: Clairs Keeley and Tilenni Stiles & Associates, Ground Floor, 2 Brook Street, East Perth.

For more information about Law Week please visit the Law Society of WA at https://www.lawsocietywa.asn.au/community/#law-week

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Most separating couples want to finalise their separation without stepping foot inside the Family Court. Mediation is one way to achieve this. To make the most of mediation, you need to be organised. Preparation is the key. Here are some steps to help you in your preparation:

Disclose all your assets and liabilities
You have a duty to disclose all your asset and liabilities at the mediation. Failure to do so could result in the Family Court overriding any agreement you reach. Some of the types of documents you should show to your former partner prior to or at the mediation include:

1. details of your income or earnings (whether paid directly to you or not);
2. details of your superannuation (e.g. a recent superannuation annual statement);
3. details of any trusts, companies or businesses in which you have an interest in (e.g. a letter from your accountant estimating what such entities are worth);
4.  details of property you have disposed of in the 12 months prior to and since you separated;
5.  copies of any appraisals or valuations of any real estate you own; and
6. redbook or carsales.com estimates of the values of cars you own.

Once you have collected the information and documents, make an index and put the documents in lever arch files in clear plastic sleeves where you can locate them easily.

Do some preliminary investigations
If you don’t know what your former partner may own do some public searches such as the following:

1. a “name search” with Landgate for any properties listed in the name of you and/or the other party;
2. a “name” type search for the names of any businesses or companies in which you and/or the other party may have an interest in or be a director or officer in; and
3. “Google” or search “Linked In/Facebook” the other party to see what information is available about them, their business interests, income or earning capacity.

Prepare an asset and liability schedule
Microsoft Excel spreadsheets are an excellent way to present what you understand to be the assets and liabilities to be divided between you and your former partner. Include 2 columns – one that sets out your position on values and one that sets out your former partner’s position on value. This helps identify any differences between you very quickly.

Think of a variety of proposals
Mediation involves compromise. Neither you nor your former partner will necessarily get their “wish list”. Think about what the possible outcomes could be and what they will mean for you. For example, if you are hoping to keep the home have you explored your capacity to refinance the loan plus a cash adjustment to the other party? Financial planning advice regarding your future needs is beneficial. It can identify what from the assets to be divided between you and your former partner you need, to achieve future goals.

Finally, obtaining legal advice prior to the mediation is important. It will help identify issues to be discussed at mediation and how you can document any agreement reached. Further, your lawyer will be able to assist or complete these preparation steps for you. Remember, the split you receive is likely to have strong implications for your future financial security. Investing in the appropriate advice before mediation reduces the risk of you entering into an agreement that is unjust or inequitable.

Debbie Clinch, Consultant, Clairs Keeley

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Going to court can be stressful, especially when it involves your family.  Being informed about basic court etiquette can mean one less thing to worry about on the day.  Knowing where to stand, when to speak and who to ask for help may assist in a smoother and more efficient court appearance.  If you can, go to watch a court hearing from the public gallery, so you know where to go and who is who, without the pressure of having to manage your own hearing.

When entering the courtroom

If you enter the courtroom when a Judge, Magistrate or Registrar (“the judicial officer”) is sitting, then it is customary to bow your head as you enter the courtroom as a sign of respect for the judicial process.  If you are there to watch another case, then sit quietly in the public gallery seating at the back of the court.

If you are there and your case is yet to be called, you should inform the court officer of your arrival and take a seat in public gallery seating area at the back of the court until your case is called.

If you enter the courtroom before the court is in session, the court officer will announce the judicial officer’s arrival and ask everyone in court to stand.  You should bow your head at the same time as the judicial officer bows and after the judicial officer sits down, you may also sit down.

Whilst in the courtroom

You should wait in the public gallery seating area until your matter is called.  Once your matter is called you should come forward to the first table facing the judicial officer (bar table).  The applicant sits on the right and the respondent sits on the left, as you face the judicial officer.  If you have a lawyer representing you, your lawyer will sit at the bar table and your lawyer will show you where to sit.

When the judicial officer speaks to you, you should stand and remain standing whilst you respond.  You should address a Judge or Magistrate as “Your Honour”, “Sir” or “Ma’am” and a Registrar you can address as “Registrar” or “Sir” or “Ma’am”.

If you are unsure of what to do or what courtroom you are in, ask the court officer or legal associate.

It is unusual to be called to give evidence at a hearing other than the final hearing (trial). If you are called to give evidence, you may be called into the witness box or the judicial officer may allow you to give evidence from your seat at the bar table. The court officer will ask if you prefer to swear an oath or affirmation.

When leaving the courtroom

When the judicial officer leaves the courtroom, the court officer will ask you to stand and again it is customary to bow your head when the judicial officer bows. If you leave whilst the court remains in session, it is customary to stop at the door inside the court, face the judicial officer and bow your head before you exit the courtroom.

Our top 10 tips….

1. Arrive on time or early to ensure you are in the right courtroom;
2. Be organised and have all the documents relating to your matter at hand;
3. Don’t interrupt or speak over others;
4. Remain respectful and courteous to the judicial officer and other parties at all times;
5. Remain quiet whilst seated in the public gallery seating area and if you need to talk do it discreetly;
6. Remember the microphones are there to record all of your evidence and are recording whether the judicial officer is in the court or not;
7. Take a pen and paper so you can make notes of the important points;
8. Turn off you mobile phone! Putting it on silent is not enough, as any incoming calls interfere with the Court’s recording system;
9. Dress smartly, remove your sunglasses and hat before entering the courtroom; and
10. Don’t eat or chew gum.

Beverley Sorrell, Lawyer, Clairs Keeley

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Have you thought about where you would like your assets to be distributed after you die?  Have you considered who you trust to distribute those assets in accordance with your wishes?  Making a clear and valid will with the guidance of effective estate planning is the best way to ensure your wishes are fulfilled.

What are the formal requirements for a valid will?

In Western Australia, the Wills Act 1970 (WA) provides that for a will to be valid it must be:

• in writing;
• signed by the will maker;
• signed in the presence of at least 2 witnesses present at the same time; and
• signed by the witnesses in the presence of the will maker.

In addition, you must be over the age of 18 and have testamentary capacity at the time of making the will.

Testamentary capacity is a legal test stated in an old English case called Banks v Goodfellow (1870) which, in essence, provides that to have testamentary capacity you must:

• understand that you are making a will;
• know the nature and extent of your property;
• know who you may be expected to provide for; and
• not be suffering from any disorder of the mind or insane delusion that would influence your decisions.

What happens is you die without a will?

Most people do not realise that if you die without a valid will the law determines how your assets will be distributed. In Western Australia, the Administration Act 1903 (WA) provides which family members will receive your assets and in what proportions.

For example, if you die leaving only your spouse then your spouse will receive your entire estate.  However, if you die leaving a spouse and children and your estate exceeds $50,000, then your spouse will only receive the first $50,000 plus one third of the estate and the children will get the remaining 2/3 of the estate (divided equally).  If you die and you have no spouse, children parents, siblings, grandchildren, aunts and uncles, nieces, nephews and cousins then your entire estate will be transferred to the State of Western Australia.

What’s included in your will?

Only your assets can be controlled by your will.  Assets in any family trusts or companies, even though controlled by you, do not form part of your estate upon your death.  Assets held as joint tenants will automatically pass to the other joint owner under the rules of survivorship. Superannuation and proceeds of life insurance may be paid direct to dependants or a nominated beneficiary.

It is important to obtain clear advice to ensure that assets or resources that do not form part of your estate are passed to the right family members.

Other benefits from having a clear valid will?

In addition to knowing your assets are distributed in accordance with your wishes a clear valid will, will reduce the time and costs of finalising your estate.  You can choose your testamentary guardians for your children and choose the executors to administer your estate.  You can also make specific gifts of possessions such as cherished jewellery and monetary gifts to specific family members or friends and you can request specific burial arrangements.  A valid will and effective estate planning can also prevent inheritance disputes.

The estate planning team at Clairs Keeley can assist you with all your estate planning needs to try to ensure that your wishes will be carried.

Beverley Sorrell, Lawyer, Clairs Keeley Lawyers

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Family and domestic violence (FDV) is a common feature in relationship breakdowns, sometimes characterised by court events in care and protection proceedings in the Children’s Court, criminal proceedings and restraining order proceedings in the Magistrates Court, and parenting and financial settlement proceedings in the Family Court, often for the same couple.

In 2014-2015, at the time of filing the application for substantive relief in the Family Court of Western Australia:

• 56.7% of applicants seeking parenting orders only
• 22.4% of applicants seeking financial orders only
• 27.8% of applicants seeking parenting and financial orders

were self-represented.

No statistics are available for the number of self-represented respondents, or for litigants who became self-represented by the time of trial. Anecdotal evidence from practitioners suggests that litigants self-represent once legal fees become prohibitive, and that attrition accounts for a large proportion of settlements. The grim reality for judicial officers of the court is that they must balance the need for access to justice, procedural fairness for parties and efficiency with limited resources. The Court’s obligations to self-represented litigants are outlined in In re F: Litigants in Person Guidelines, decided before the current provisions for special witnesses were inserted into the Evidence Act 1906 in 2004.

The court must take into account evidence of FDV in some, but not all, substantive applications: in parenting cases, in determining the best interests of the children, and in financial cases when a party makes a Kennon claim. As an unfortunate consequence of the concept of “no fault” divorce, only the most egregious marital conduct, that which would otherwise be actionable in tort, is the basis for compensation of victims for FDV, notwithstanding the fear and misery in which they have lived, many for decades.

Fear of the judicial process itself is a significant deterrent to victims, let alone the opportunities perpetrators have to abuse the process to punish or intimidate their victims. The decision by the Court of Appeal in Baron v Walsh is seminal in confirming that pursuing legally available procedures can comprise an act of abuse within the meaning of Section 6 of the Restraining Orders Act.

We as a profession, and a community, are slow to recognise all of the forms FDV takes. We are all familiar with physical assault as an obvious method, however we may perceive this as an isolated incident, or characterise the behaviour as “historical” or “situational”, without recognising this and other behaviour may be part of a pattern of coercive control. The FDV dynamic tends not to change once the relationship ends, but the forms of coercive control may change. These forms of coercive control escalate when the victim ends the relationship or applies to the Court, such behaviours by the victim constituting a direct challenge to the perpetrator’s control.

In cases where FDV is not relevant to the substantive issues in dispute, there is a tendency (certainly by practitioners) to treat evidence of FDV as irrelevant in family law proceedings. There is a significant risk that the court’s delivery of procedural fairness and access to justice is impaired if this results in a vulnerable witness being subjected to cross examination by the self-represented perpetrator.

Lawyers acting for alleged victims of FDV have a duty to identify when the quality of their client’s evidence is likely to be compromised as a consequence of the FDV dynamic in the relationship between their client as witness and the self-represented cross examiner. Further, we as a community, have a common interest in protecting our most vulnerable from further abuse by the exploitation of our justice system.

A party’s right to cross-examine a witness is fundamental to our system of justice. Cross-examination also has the potential to be exploited by perpetrators to commit further emotional abuse against their victims. In balancing what might otherwise be competing objectives, the court should be able to afford procedural fairness to the alleged perpetrator while protecting the interests of an alleged victim of FDV. An associated challenge in applying procedural changes is to avoid the appearance of pre-judgment in circumstances where an alleged perpetrator denies the allegations of FDV.

Practices vary between judicial officers and courts. In the criminal jurisdiction, the courts have admirably protected complainants in sexual assault trials, child witnesses and “special witnesses” by exercise of the powers in s106R of the Evidence Act 1906.

Subsection 106R(3) provides:
(3) The grounds on which an order may be made are that if the person is not treated as a special witness he or she would, in the court’s opinion —
(a) by reason of physical disability or mental impairment, be unlikely to be able to give evidence, or to give evidence satisfactorily; or
(b) be likely —
(i) to suffer severe emotional trauma; or
(ii) to be so intimidated or distressed as to be unable to give evidence or to give evidence satisfactorily, by reason of age, cultural background, relationship to any party to the proceeding, the nature of the subject-matter of the evidence, or any other factor that the court considers relevant.

While there is no consistent practice, the authorities indicate that in general:

• The court receives an application for a declaration that a witness is a “special witness”.
• The application is sometimes, but not always, supported by evidence from an expert witness, such as a psychiatrist or social worker . Evidence of a police officer has also been accepted.
• If the court makes the declaration, it then determines by what process the witness shall give evidence. The Act provides for the witness to:
  • have a support person present; or
  • have a communicator while giving evidence; or
  • give evidence outside the court room, by video link.

Courts have made other arrangements when video link is not available, such as excluding the accused from court while the child complainant’s police interview was played to the court in the complainant’s presence.

The Family Court of Western Australia has used this type of process sparingly.

Section 44C of the Restraining Orders Act 1997 prohibits cross examination of a witness in a family and domestic relationship by a self-represented alleged perpetrator, unless the witness consents and the court considers it otherwise appropriate, or that the court is of the opinion that it is not just or desirable for the order to be made. This section is for the benefit of the witness, not the examiner.

The Family Court of Australia published Family Violence Best Practice Principles (FVBPP) in cases concerning children in 2009. The policy is confined to parenting cases. Consideration should be given to these principles being applied equally in financial matters.

The Family Court of Western Australia has a Family Violence Policy, which is available on its website. The policy includes the Court’s family violence strategy which specifically acknowledges the impact family violence on a person’s ability to participate in court proceedings, and states the court’s safety measures. The court provides parties an opportunity to communicate their safety concerns and to propose measures to ameliorate those concerns by written request.

The Family Court Rules 1998 (WA) are in the process of being redrafted. Those rules, and relevant provisions in the Family Court Act 1997 (WA), should provide for a process that:

• Identifies victim witnesses and parties, either by relying on the person’s self-identification or by the court’s own assessment to an “arguable case” standard, based on a standard assessment tool such as the Common Risk Assessment tool;
• Once identified, the witness must be treated as a special witness pursuant to Section 106R of the Evidence Act, unless the witness or party opts out (akin to s44C of the Restraining Orders Act 1997) of the “special witness” category as provided in s106R of the Evidence Act;
• At minimum, in some cases involving a self-represented cross examiner, prohibit direct cross-examination of the witness;
• If at all possible, have special witnesses routinely give their by CCTV from within the Court precinct, or by video link from a remote location.

While this procedure may not eliminate the trauma, intimidation and distress caused to victims in cross examination by the perpetrator, we can inform ourselves of their experience, and act to prevent the justice system from being a tool of further emotional abuse.

Lara Anstie, Partner, Clairs Keeley Lawyers

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