Hodges Legal in Sydney, Australia | Divorce & Family Lawyer

Hodges Legal

Locality: Sydney, Australia

Phone: +61 2 9221 7366

Address: Suite 701, 36 Carrington Street 2000 Sydney, NSW, Australia

Website: au.linkedin.com/in/stephen-hodges-37371369

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• Divorce & Family Lawyer

25.01.2022 While some smaller courts are closing down for a much needed Christmas break, some courts and services will continue. https://twitter.com/NSWJustice/status/678741887612661760 Hodges Legal will be closed from lunchtime on the 24th (Thursday) to the 4th January. However urgent or important matters can still be dealt with, either by telephone or email during this period.... We hope everyone has a safe and happy holidays!

24.01.2022 We are now officially on holiday break!!! Remember, any serious or urgent matters can still be discussed by contacting us by telephone or email.

23.01.2022 A NSW Law Reform Commission review of NSW guardianship laws has been initiated by the Attorney General Gabrielle Upton. As part of this review a series of surveys that can be completed by the general public will be released over time. Each survey will correspond to the various subjects the consultation papers will cover. An initial survey relating to general views and experiences the public may have had in relation to guardianship laws can be completed online: https://www.sur...veymonkey.com/r/X29Q2XJ The Commissions terms of reference are listed: http://www.lawreform.justice.nsw.gov.au//Terms-of-Referenc While a background paper, released on 30th June 2016, gives more information as to the issues that will be discussed throughout this process, and can be found here: http://www.lawreform.justice.nsw.gov.au//Background_paper. Preliminary submissions from the public to the Commissions terms of reference can also be accessed online: http://www.lawreform.justice.nsw.gov.au//Preliminary-Submi

23.01.2022 For clarification, Hodges Legal is open on the standard weekday Monday to Friday 9-5, as shown in our about section. However we are also open on Saturday, and outside regular office hours, by appointment.

21.01.2022 A very interesting TED Talk by Sandra Fisher-Martins has recently come across Hodges Legals radar. http://www.ted.com//sandra_fisher_martins_the_right_to_und In the legal field good communication between clients and solicitors is key to reaching the best outcome for everybody; so discussion about how to improve that communication is vital.... Ms Fisher-Martins isnt the only one trying to tackle improving communications between professionals and clients, here are some more good TED talks on the subject. 1) Eric Berlow - How complexity leads to simplicity https://www.ted.com//eric_berlow_how_complexity_leads_to_s 2)Melissa Marshall - Talk nerdy to me https://www.ted.com/talks/melissa_marshall_talk_nerdy_to_me

21.01.2022 The Solicitors Book List... This time we have some short online articles 1) A further look at moral issues within the legal system, with advice on dealing with ethical dilemmas by the Law Institute of Victoria:... http://www.liv.asn.au//Most-Ethical-Dilemmas-are-Not-Black 2) The Michigan Bar Journal - Plain-English column Very funny and very useful articles by big names about the importance of plain english in law. 32 years of of the column have been compiled online here: http://www.michbar.org/generalinfo/plainenglish/home

21.01.2022 NSW Courts and Tribunals has just posted 55 different civil and crime forms online, making it easier for all to access justice around NSW. How to videos and more information are availiable from their website: https://onlineregistry.lawlink.nsw.gov.au/content/

21.01.2022 Law Students Tackling Domestic Violence Queenslands Bond University and the Domestic Violence Court in Southport have teamed up to create a Domestic Violence Court Clinic for a select group of law students. The clinic not only aims at giving law students experience within Queenlands first custom domestic violence court, but to also help address and combat domestic violence within the community. The participants will be allowed behind the scenes of the courtrooms and wil...l be given the opportunity to shadow a court magistrate, creating access to cases closed to the public and other law professionals. To read more about the clinic, and from those involved, go to: http://www.lawyersweekly.com.au//19296-students-invited-be

20.01.2022 The second tier of the Australian Court system is the State Courts of the individual states and territories of Australia. While each system is unique, the State Court System of NSW is as follows. - Supreme Court The highest courts in each State and Territory, Supreme Courts hear the most serious of criminal offences, large-scale civil cases and complex cases, sometimes involving multiple offenses. The Supreme Court is also the highest court of appeal within the state/territor...y. - District Court The District Court hears criminal trials for serious indictable offences , excepting murder, manslaughter and treason cases which are dealt with by the Supreme Court. The District Court can also bring in a jury of twelve people to help decide on the defendants guilt. - Magistrates or Local Court The lowest court of record, the Magistrates Court deals with minor criminal offences, most of which can be tried without need for a jury. Committal hearings by be conducted at Magistrates Court to determine if there is sufficient evidence for a case to be heard in the Supreme Court. Much like in the Federal Court system there is also specialty Courts and tribunals within some the State Court systems. These can include the: - Childrens Court - Coroners Court, and - Industrial Relations Commission

20.01.2022 Not a week goes by after we post about the need for better communication between solicitors and clients, and we hear that Scotland is now urging its legal system to use plain english when responding to the public. This is a definite step forward in our view, no one should be left confused after talking to (or reading advice from) any legal professional.

20.01.2022 The Solicitors Booklist... I wanted to highlight these excellent articles; the issue of law and ethics is a large and complicated one, with all lawyers facing the issue of juggling both the clients and societies needs. The articles look at the various approaches lawyers can take to balance personal, societal and client demands and morals and how the concept of justice and its enactment should be considered. A CRITICAL MORALITY FOR LAWYERS: FOUR... APPROACHES TO LAWYERS ETHICS by CHRlSTlNE PARKER http://www.austlii.edu.au//journals/MonashULawRw/2004/3.pdf LAWYERS ETHICS - VALUES OR RULES BASED? by STEVE MARK http://www.olsc.nsw.gov.au//lawyers_ethics_young_lawyers_2 ETHICS & PROFESSIONAL RESPONSIBILITY by GOULBURN VALLEY LAWYERS ASSOCIATION http://www.vicbar.com.au/GetFile.ashx

18.01.2022 We're sad to say that last Friday Hodges Legal held a farewell lunch for one of our foremost friends. After twenty-nine years America Lau, our wonderful conveyancing expert and office manager, has decided to leave the firm. Throughout her time with us she has brought both laughter and formidable skills to the table, and she will be much missed. America - from all of us here at Hodges Legal, thank you for your hard work and dedication, and we hope you enjoy your well-earned sleep ins!

17.01.2022 Australia utilises as two tiered system for our courts, the first of which is our Federal Court System. The Federal Courts have authority over the application and interpretation of the Australian constitution and the laws passed by the Australian government. The Federal Court System includes: - High Court of Australia The High Court of Australia is the highest-ranking court in the Australian legal system and as such hears matters about disputes over the interpretation of the ...Constitution. The High Court is also the final court for appeals and as such its decisions are binding for all courts within Australia. - Federal Court of Australia Most civil disputes overseen by federal law, and some criminal cases are dealt with in the Federal Court. This can include bankruptcy, industrial relations and taxation and trade practice laws. It should be noted that the Federal Court does not handle family law cases. - Family Court of Australia The Family Court covers cases related to family law and disputes (such as marital status, divorcees and child contact/shared care). However the Court mostly hears appeals of decisions in family law matters of the Federal Magistrates Court (which it shares authority with). - Federal Magistrates Court of Australia The Federal Magistrates Court handles less complex cases and its jurisdiction includes family law, unlawful discrimination, consumer protection, migration, copyright and industrial law. - Federal Tribunals Tribunals are designed to look at specific matters and cases within a designated legal area. These federal tribunals include the following: - Administrative Appeals Tribunal - Migration Review Tribunal - Refugee Review Tribunal - Human Rights and Equal Opportunity Commission

17.01.2022 Do you know a young lawyer who you want to recognise for their hard work and contribution to the legal profession? The Australian Law Councils Young Lawyer Award for 2016 is open to nominations until the 7th of September. This award recognises lawyers under 36 years old, and/or lawyers who have been operating for less then five years who have significantly contributed to the legal profession within the last year. To nominate someone you know, or to find out more about the aw...ard and past nominees, go to: http://www.lawcouncil.asn.au//Young_Lawyer_Award_2016_appl The winner of the Australian Young Lawyer Award will be announced on the 7th of October at the National Golden Gavel in Tasmania.

15.01.2022 A reminder that submissions to the Australian Law Reform Commission inquiry into Protecting the Rights of Older Australians from Abuse will close on the 18th of August. If you wish to make a submission the online form can be found here: https://www.alrc.gov.au/content/elder-abuse-ip47... Or, you can find out more regarding the inquiry: https://www.alrc.gov.au/news/media-release/elder-abuse-IP47

15.01.2022 Were sad to say that last Friday Hodges Legal held a farewell lunch for one of our foremost friends. After twenty-nine years America Lau, our wonderful conveyancing expert and office manager, has decided to leave the firm. Throughout her time with us she has brought both laughter and formidable skills to the table, and she will be much missed. America - from all of us here at Hodges Legal, thank you for your hard work and dedication, and we hope you enjoy your well-earned sleep ins!

14.01.2022 Hodges Legal is back from our holiday break and back to normal hours. We hope everyone had an enjoyable break and we look forward to seeing you all

13.01.2022 Apprehended bias and the legal system While it is not uncommon for decisions made by administrative tribunals and administrative courts to be infected by actual and/or apprehension of bias, it is almost impossible to establish that an administrative decision maker or a judge was actually biased against a party in a proceeding. However it may be possible to successfully argue that an administrative decision made, or a Judge, committed legal error due to an apprehension of b...ias. This is as the test to establish apprehension of bias is lower than the test for actual bias. The test to establish apprehension of bias: This test hinges on whether a fair-minded, and appropriately informed, lay observer might reasonably apprehend that the Court may not bring a fair, impartial and independent mind to the determination of the matter on its merits The relevant principles are: (1)There must be an identification of what it has said might lead a judge to decide a case other than on its legal and factual merits; and, (2)There must be an articulation of the logical connection between the matter and the feared deviation from a course of deciding a case on its merits (Ebner at [8] per Gleeson CJ, McHugh, Gummow and Hayne JJ); (3)An allegation of bias against a judge on the basis of prejudgment is a serious matter, not the least because it carries with it the suggestion that the judge has failed to honour his or her judicial oath, and as such might be questioned by the fair-minded observer. This is also the case where such an allegation is made against an administrative officer, the allegation must be distinctly made and clearly proved (Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 (Jia Legeng) at [69] per Gleeson CJ and Gummow J); and, (4)As noted above, the test assumes that the hypothetical fair-minded lay observer is to be attributed with appropriate knowledge of relevant matters so as to be in a position to make a reasonably informed assessment of the likelihood of apprehended bias. Source: http://www.austlii.edu.au/au/cases/cth/FCAFC/2016/30.html ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 (10 March 2016)

12.01.2022 The Supreme Court has uploaded a speech by the Honorable T. F Bathurst, the current Chief Justice of NSW. The speech (which was part of annual civil litigation seminar) is an interesting and insightful view into the civil litigation process, how it has progressed - and is progressing - and current and future challenges within the area. https://twitter.com/NSWSupCt/status/707338153619632128

10.01.2022 The Legal Agony Ombudsman (AO), also known as John Fytit, has been the main character of the Law & Disorder cartoons since they first began in 1992. Known for dispensing excellent advice to the public, and his humorous take on the legal system, the much loved character will soon be giving his final bow with the publication of his last book. Paul Brennan, the cartoons creator, is a solicitor on Queenslands Sunshine Coast. http://www.lawyersweekly.com.au//18122-tragic-demise-ahead

10.01.2022 Happy New Years Eve! A reminder that while Hodges Legal will officially reopen on the 3rd, we can be contacted at (02) 9290 1921 for urgent matters matters. See you all next year

10.01.2022 We hope everyone has a happy and safe Australia day!

10.01.2022 Its not just Newcastle Courthouse that is getting a revamp, Wollongong has also recently undergone some $17.5 million changes. Included in the renovation is a safe room for victims (both young and old) of domestic and family violence, seven redone courts, and a new jury room. The court was officially re-opened by the NSW Attorney General Gabrielle Upton.

09.01.2022 An excellent, if slightly long, run down of Australias court system and judges by the NSW Bar Association, can be found here: COURT STRUCTURE, JUDGES TITLES AND ORDER OF SENIORITY (JANUARY 2015) http://www.nswbar.asn.au/docs/webdocs/ctstructure_20151.pdf... This document goes into far more detail about the exact nature of each of the Courts and their jurisdictions, as well as the magistrates and judges who front them.

09.01.2022 The Australian Law Reform Commission is seeking submissions regarding their inquiry on Protecting the Rights of Older Australians from Abuse. An initial presentation by Professor Rosalind Croucher on the issues and goals addressed by the inquiry can be found here: http://www.alrc.gov.au//ifa-2016-protecting-rights-older-a... The form for an online submission can be found here: https://www.alrc.gov.au/content/elder-abuse-ip47 Submissions are due by the 18th of August.

09.01.2022 Happy New Year! We will be seeing you all on the 4th so stay safe.

07.01.2022 Happy Holidays everyone, Hodges Legal will be closed from 27 December to 2 January inclusive. During this period, messages can be left on the office number (02) 9291 1921 and we will attend to urgent inquiries as soon as possible.... Have a relaxing and safe break!

06.01.2022 One of the biggest tasks when it comes to Court proceedings is completing and filing all the paperwork required. Here we have collated various sources for some of the forms you may need. Local Court of NSW http://www.localcourt.justice.nsw.gov.au//forms/forms.aspx... Family Court http://www.familycourt.gov.au//for/court-forms/form-topics Childrens Court http://www.childrenscourt.justice.nsw.gov.au//childrenscou High Court http://www.hcourt.gov.au/registry/filing-documents/forms Supreme Court of NSW Forms by Subject http://www.supremecourt.justice.nsw.gov.au//SCO2_forms_sub Approved & Prescribed Forms http://www.supremecourt.justice.nsw.gov.au//approved_presc Industrial Relations Commission http://www.irc.justice.nsw.gov.au//IRC_procedures_legislat Land and Environment Court http://www.lec.justice.nsw.gov.au/Pag/forms_fees/forms.aspx NSW Civil and Administrative Tribunal Guardianship Divison http://www.ncat.nsw.gov.au/Pages/guardianship/gd_forms.aspx Administrative and Equal Opportunity Division http://www.ncat.nsw.gov.au//administrative/aeod_forms.aspx Consumer and Commercial Division http://www.ncat.nsw.gov.au/Pa//Applications/ccd_forms.aspx Occupational Division http://www.ncat.nsw.gov.au/Pages/occupational/od_forms.aspx

05.01.2022 The Solicitors Book List Part Three While not strictly speaking books this time around a number of online resources, including a video series, have emerged covering various aspects of law and society in Australia.... Legal Briefs - A web and TV series hosted by Lizzie OShea that discusses the Australian Legal system. http://legalbriefs.com.au/ The Family Court Bulletin - A newsletter that covers trends, judgments and programs from the Family Court of Australia. http://www.familycourt.gov.au//con/subscribe/bulletin-subs The Law Society of NSW Monday Briefs - News and updates, of both regulation and events, for the legal profession. http://lawsociety.com.au/about/news/NewsMediaArchive/062549

05.01.2022 Check out the Law Society of New South Wales Monday briefs for news and events in the legal profession #auslaw

05.01.2022 Australians now have the ability to have their say about the Australian Consumer Law (ACL), by taking part in survey run by Consumer Affairs Australia and New Zealand. Participants have the choice to either write a formal submission, or leave a comment. The public consultation will run until 27 May 2016, with a final report due in March of next year. http://consumerlaw.gov.au/review-of-the-australian-consu//

04.01.2022 In the first few weeks of February law firm executives took to the streets in an effort to help street vendors sell the Big Issue, which is celebrating its 20th anniversary this year. They joined more then 60 business leaders around Australia - and dozens more business and social leaders around the world - as part of International Vendor Week, and to help promote the independent publication. More information can be found at the Lawyers Weekly, a good website for anyone interested in keeping up with legal news.

03.01.2022 Living in remote, rural or regional Australia? The Family Court has a number of tools and strategies to make sure everyone has equal and accessible law services throughout Australia. To view these options go to:... http://www.familycourt.gov.au//getting-help/rural-regional/ See more

03.01.2022 A useful poster on the NSW Law Reform Commission process #auslaw #auspol