Information for Fathers
Media Release: GIllard Govt to Establish National Children’s Commissioner
Nicola Roxon AG
The Gillard Government today announced the creation of a National Childrenâs Commissioner within the Australian Human Rights Commission.
Attorney-General Nicola Roxon said that the new Commissioner will focus on promoting the rights, wellbeing and development of children and young people in Australia.
âFor the first time, Australia will have a dedicated advocate focussed on the human rights of children and young people at the national level,â Ms Roxon said.
âThe Childrenâs Commissioner will ensure the voices of children and young people are heard in the development of Commonwealth policies and programs.â
The Minister for Families, Community Services and Indigenous Affairs Jenny Macklin said establishing a Federal Childrenâs Commissioner was key action under the Governmentâs National Framework for Protecting Australiaâs Children 2009-2020.
âWe want every child to grow up safe, happy and well. The new Commissioner will represent the views of children and young people, particularly those most vulnerable, at the national level,â Ms Macklin said.
Divorcees Beware: Negligent Lawyers Cannot Be Sued in Australia
In what can only be described as a remarkable Supreme Court judgment, a Judge has found that a family law lawyer, a Mr Andrew Goddard from Goddard Elliott lawyers , who negligently advised his mentally incapacitated client resulting in a breathtakingly unjust property settlement,  cannot be sued due to Australia’s archaic advocates’ immunity laws.
This decision was made despite finding that Mr Andrew Goddard was extremely negligent in his representation of his client, resulting in a $900,000 shortfall. In a remarkable twist that defies logic, the client was ordered to pay a further $68,000 in legal costs to Goddard Elliott lawyersï»ż.
–A JUDGE said today he found it “deeply troubling” that a law firm can avoid paying $675,000 to a mentally incapacitated client that it negligently advised because of an ancient law that protects lawyers from being sued.
Justice Kevin Bell found that Goddard Elliott lawyers were negligent in preparing the case of client Paul Fritsch and as a result he only received less than a third of his share of a marital pool of $4.3 million.
In his Supreme Court judgment, Justice Bell said Mr Fritsch was entitled to substantial compensation from the Glen Waverley law firm but the Common Law “advocates’ immunity” shielded the firm for paying for their negligent handling of his case.
“Goddard Elliott is not liable to pay damages for the loss its negligence caused to Mr Fritsch, a conclusion to which I am driven and find deeply troubling,” Justice Bell said.
Collaborative Practice Law – a Cheaper Divorce Option
Divorcing Australians are increasingly using a US style of property settlement negotiation to avoid costly court battles, legal experts have said.
It follows the launch of new guidelines in March this year by Commonwealth Attorney-General Robert McClelland, for something called collaborative practice law.
Director of Consensus Family Lawyers in Canberra, Juliette Ford, said it meant that both parties negotiated through their lawyers.
‘The solicitors commit to the process by signing agreements promising not to go to court,” she said.
”Should negotiations fail, both party’s solicitor must cease acting. This provides incentive to the parties and their representatives to resolve disputes through collaboration.”
Law Council of Australia president Catherine Gale said collaborative law begun in Australia in 2005 and its popularity had steadily been growing.
Help for Penrith fathers going through divorce or separation
FOR almost 40 years, Barry Williams has helped Australian families through the murky waters of divorce and separation.
The national president and founder of Lone Fathers Association of Australia (LFAA) became the first father under the Family Law Act of 1975 to win custody of his four small children after his wife walked out on the family.
In those days, no support was available to single fathers, so Mr Williams staged a hunger strike at Parliament House for five days.
The then prime minister, Malcolm Fraser, agreed to meet him and ended up changing the single motherâs benefit to the single parentâs benefit.
Mr Williams and his organisation have been championing single parentsâ rights ever since.
