If you’ve ever thought “how the fuck did that happen” as you walked out of the Australian Family Law system and losing everything, while watching your psychopathic ex get away with the boys club trifecta of perjury, contempt, and not coughing up their financials til you’re broke, homeless, and probably couch surfing, then boy have you come to the right place! Strap on your fuck it attitude, and settle in to find out what your lawyer never told you…be prepared to feel very ducking angry 😡 and ...
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Lisa Testart Podcasts
Send us a text Premature Litigation Ejaculation Syndrome www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Send us a text www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Unraveling the Fabric of Legal Misuse: The Curious Case of PLES
7:46
7:46
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7:46Send us a text www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Got a question or a topic suggestion? Now you can text it!
3:42
3:42
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3:42Send us a text Use the new 'send us a text' feature at the top of every episode description to send me your ideas, suggestions for topics, and general feedback about what you'd like to hear more of. I have plenty of ideas, but I'd love to hear what you think. Family law is an isolating, traumatising, soul destroying place to be, and I hope my small…
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You can check-out any time you like, but you can never leave!
10:16
10:16
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10:16Send us a text Just like the Eagles sing in Hotel California: if you’re in a property case “You can check-out any time you like, but you can never leave!" Without leave of the court, you cannot withdraw from a property case once it’s started, no matter how exhaustipated or traumatised you are by your psychonarc ex. Withdrawing leaves you vulnerable…
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To Harman or not to Harman: that is the contempt question
16:18
16:18
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16:18Send us a text The Harman Undertaking, also known as the Harman Obligation, is not found in legislation, but in the UK case of Harman v Secretary of State for Home Department [1983]. It is an implied obligation not to use documents obtained or produced as a result of the compulsory processes of the court for any collateral or ulterior purpose. The …
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Affidavits - Evidence in Chief, not evidence of chiefs
19:23
19:23
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19:23Send us a text In the Federal Circuit and Family Court of Australia trial is by affidavit, and your affidavit becomes your evidence in chief. At trial you will be cross-examined about your evidence in chief and all parts of your affidavit will be canvassed. Your affidavit is how you present the facts of your case. Affidavits should be concise, fact…
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Wishlitigation - when you can't see the lines to colour in
8:29
8:29
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8:29Send us a text Just like with recycling, family law has rules that govern how a case is run, and there are lots of practice notes and guides available to assist you in running a case. Wishlitigators want the process to fit their belief systems about how family law should be run, instead of fitting themselves into the rules and processes of the fami…
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The Last Laugh - Lisa's assessment model for psychopaths in family law
16:12
16:12
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16:12Send us a text How do I figure out if your ex is a psychopath? I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Send us a text I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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The Calderbank Offer...not an event at Calder Racetrack!
10:37
10:37
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10:37Send us a text Following on from our discussion about costs, without prejudice communications, and so forth, this episode unpacks the Calderbank offer and how it works. I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Send us a text We don't have a constitution that affords us rights enshrined like the US does, so instead we rely on Section 128 of the Evidence Act 1995 to protect witnesses under oath from giving evidence that could lead to self-inrimination. We're a kind mob like that...we let you have just enough rope until we figure out if it's enough to hang …
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Send us a text Party party costs, indemnity costs, what does it mean and why does it matter? I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Without Prejudice...not just a pretty heading
11:31
11:31
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11:31Send us a text I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Send us a text The chooklotto of the legal world! I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Chooklotto...Getting a good barrister..or not!
15:24
15:24
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15:24Send us a text Wish there was a way to tell if your barrister is any good? Yeah, me too. We delve into the mystery of what makes a good, bad, ugly and incompetent barrister. I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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So you want to email the Judge....ouchies!
15:13
15:13
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15:13Send us a text The do's and don't's of communicating with your family law judge. I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Judicial Notice - not something you put on the community notice board outside the pub
5:56
5:56
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5:56Send us a text A snippet of info for the self represented litigant who has to cross examine. I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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What if I can't remember things? Can I refer to my affidavit?
12:24
12:24
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12:24Send us a text It's impossible to expect a witness to remember every last detail in complex cases, particularly financial ones. We talk about how and when to ask for documents to refresh your memory. I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Full and Frank Financial Disclosure Obligations
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26:09Send us a text FAMILY LAW RULES 2004 - RULE 13.04 Full and frank disclosure (1) A party to a financial case must make full and frank disclosure of the party's financial circumstances, including: (a) the party's earnings, including income that is paid or assigned to another party, person or legal entity; (b) any vested or contingent interest in prop…
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Send us a text The Independent Children’s Lawyer is possibly the most misunderstood role in family law. The National Legal Office has more information that can be accessed here ICL WEBSITE ADDRESS: HTTPS://ICL.GOV.AU I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Suppo…
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Send us a text The dreadful depersonalisation of never having your name used unless you’re in trouble; serious trouble. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. R…
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Send us a text This episode deals with sexual abuse, trauma and comes with a trigger warning. This is not an easy episode to listen to, and it’s achingly heartbreaking 💔 ❤️🩹 My hard-won knowledge has come at huge expense, and there’s no running from that. If you are triggered by this episode, please look after yourself. Reach out to support people…
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Send us a text From the book ‘don’t become the roadkill of your relationship’ How to leave a dangerous relationship. Download chapter one at www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Before You Leave - Know your support people
10:51
10:51
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10:51Send us a text From the book ‘Don’t become the roadkill of your relationship’ Download chapter one at www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Send us a text Don’t be the roadkill of your relationship…plan to leave before you leave. Download chapter one at www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Send us a text I hear this all the time…and we’re going to address it and set the record straight on why your judge just can’t act unilaterally, or make serious decisions without a final trial. www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Su…
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Rice and Asplund - Significant change of circumstances
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9:09Send us a text Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. Follow the link 👇👇👇 TIME FOR A CHANGE? SHARED PARENTING, VARIATION OF ORDERS A…
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Send us a text Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It’s not well understood, and in this episode we try to clarify what it’s purpose is, how long it applies, and why it’s an important protective measure for children and victims. Follow the link 👇👇👇 FAMILY LAW ACT 1975 - SECT 121 Restricti…
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Send us a text When there’s an error in your orders, what do you do? Can it be fixed? Yes it can! Follow the link 👇👇👇 FAMILY LAW RULES 2004 - RULE 17.02 Varying or setting aside orders (1) The court may at any time vary or set aside an order , if: (a) it was made in the absence of a party; or (b) it was obtained by fraud; or (c) it is interlocutory…
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What’s the difference between a barrister vs a solicitor
9:03
9:03
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9:03Send us a text It can be pretty confusing trying to figure out why some are barristers, and others are solicitors. It’s like being GP and being called Dr, or a surgeon and being a Mister. Here we try to unpack it so you can get some understanding of what’s what and who’s who in the legal zoo. www.witnesspreparation.au I’ve set up a go fund me campa…
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Send us a text Snobbery? Legal practice? A protective measure? Find out why some will, and some won’t, talk to a client. www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the showBy Lisa Testart
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Why Family Law is just Mini Golf in disguise
10:37
10:37
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10:37Send us a text Ever wondered why so many victims and family law parties get less than the outcome they were told they’d get? It’s because family lawyers don’t do strategy. If they played mini golf a tad more they’d understand the analogy. Once you get it, you’ll never forget it. www.witnesspreparation.au I’ve set up a go fund me campaign to fight t…
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Send us a text What’s a Kennon case and why should it matter? A review of Kennon v Kennon BENSON & DRURY [2020] FamCAFC 303 FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had be…
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Send us a text A tricksy question for the uninitiated Support the showBy Lisa Testart
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Send us a text FAMILY LAW ACT 1975 - SECT 70NAC Meaning of contravened an order A person is taken for the purposes of this Division to have contravenedan order under this Act affecting children if, and only if: (a) where the person is bound by the order--he or she has: (i) intentionally failed to comply with the order; or (ii) made no reasonable at…
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Contempt - A sibling to contravention, but with a bigger bite
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14:15
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14:15Send us a text Contempt is criminal, while a contravention is civil. The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession. FAMILY LAW ACT 1975 - SECT 112AP Con…
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Send us a text What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement. One you can appeal, the other you’re stuck with. Do you know which is which? www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against…
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Send us a text In this episode we help you understand where to sit, and why, when you go to court, because it’s confusing enough without feeling like a tourist in your own case. www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Send us a text Do you feel like a muppet when doing the head bob in court? There’s a reason it’s done, and it’s not why you think it is. www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Send us a text Confidentiality vs Privilege and why it's critical to understand when you're a victim in hiding, or just don't want to be found. www.witnesspreparation.au I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893 Support the show…
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Welcome! What you'll get, what to expect, and let's strap in :-)
8:39
8:39
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8:39Send us a text Welcome to the first episode of surviving a psychopath in The Australian legal system. Lisa introduces herself and her unique style of saying it how it is, so you can get the best out of your case. This crazy cat lady doesn't pull any punches and leaves no stone unturned in her dream of assisting you in your case. www.witnesspreparat…
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