From the Law Society Journal, Law Society of NSW, March 1999,
Review Section
Down to earth and detailed
Family Court Practice Manual by Peter Szabo, 4th ed, Leo Cussen Institute, Melbourne, 1998, $130.
By ANGELA WAWN, SolicitorTo a practitioner with little experience in the area, this manual appears to be exactly what would encourage an inspiring family law specialist to commence gaining experience in this sometimes difficult area. It also contains useful information for experienced family lawyers.
As a Family Court judge, the Honourable Justice Linda Dessau, notes in her foreword, it relatively easy to become learned in the law, but even the cleverest lawyer has to put all this sophisticated knowledge together to apply it in everyday, real-life, down-to-earth practice.
The Manual offers an extremely detailed guide for handling family law matter from the first interview to finalising agreements, with all the necessary steps between.
The opening chapter deals with the first interview, and the author sets out without hesitation the difficulties of dealing with the emotional strain imposed by family law clients, and acknowledges the reluctance of many practitioners to enter what a number of them consider to be an emotional minefield.
He details the kind of information which needs to be obtained at the first interview, the areas in which the client needs guidance, such as considering the options open to him or her, how long such action will take, and the costs involved.
He also details the prescribed pamphlets which must be handed to the client at the initial interview as well as the necessity to record on the file their delivery to the client for the purpose of certification which has been done when the application for final orders is made (which may be some time down the track).
There are a further eight chapters dealing with divorce applications, service and substitute service, applications other than principal relief, ancillary relief such as property, residence and contact, child residence and contact orders, spouse and child maintenance orders, interlocutory, interim and urgent applications, culminating with finalising agreements, each of which maintains the same meticulous attention to detail.
The final chapter gives information on obtaining updates to the law, including updates available free on the Internet, feedback to the author, and printed updates to the manual. After each chapter, the author has included copies of all the relevant Family Court forms, as well as precedents for the necessary affidavits.
Every lawyer handling family law matter should have a copy of this manual.
From Proctor, Queensland Law Society, December 1998,
Professional News Section
New edition of family law manualThe fourth edition of Peter Szabo’s Family Law Practice manual was recently published by the Leo Cussen Institute. QLS Family Law Committee member Peter Sheehy road-tested it for Proctor.
The manual is virtually unknown in Queensland probably due to lack of a distribution network. I had some preconceived ideas about what a manual should contain, having long given up on the two major looseleaf services, because of the random method by which their precedents are arranged, or because the commentary on practice is too basic.
I was impressed with this manual after a ‘road test’ on a couple of drafting requirements I have on at the moment. It comes at the task by a logical arrangement of practice steps and precedents as they would arise throughout the course of a matter from instructions (it suggests the information that should be sought), to the conclusion at an interim hearing or a trial.
Written in plain English, the manual is not a just book of precedents, but a full practice manual with guidance and tips on completion of documents, as well as useful checklists. All forms are completed with examples.
It made me realise just how out of date some of my favourite precedents are.
While there is no reference to case law, the narrative about some documents, such as the need to register child support agreements with the Family Court as well as the Child Support Agency, shows the author has considered recent case law. Access to the author by e-mail is invited. At $120, the manual is a bargain.
From The Law Society of South Australia Bulletin, February 1999,
News, Views and Book Reviews Section
FAMILY COURT PRACTICE MANUAL
4th Edition
by Peter Szabo
Forward by the Hon Justice Linda Dessau
Leo Cussen Institute, 1998. Three ring folder with plastic cover.Reviewed by Marisa Loren
Family law practitioners might be well advised to purchase Szabo’s Practice Manual as a serious companion to the existing CCH Family Law Practice Manual. The cost of $120.00 is offset by the author generously providing updates free of charge from his web page – relevant internet details are at 10.1.
The 11 chapters are: the first interview; divorce applications; dispensing with service and substitute service; applications other than principal relief; ancillary relief (property, residence, contact); child residence and contact orders; maintenance (spouse and child) orders; interlocutory, interim & urgent applications; finalising agreements; updates; indexes.
The practical nature of the publication is reflected in the precedent letters (attachment 1b); diagrams (attachment 4b); checklists (attachment 5i); precedent orders (attachment 6b) and precedent affidavits (attachment 8b). Dealing with kidnap situations, Szabo produces a precedent application for Hague Convention Order (attachment 8n) and various follow up precedent letters (attachments 8o and 8p).
Enormous attention to detail reflects Szabo’s commitment to accuracy, for example: there are helpful reminders in the form of author’s notes (at 4n) and each "Attachment" page has the number of pages in that section.
Szabo’s publication is highly recommended for Family Law practitioners. The robust cover is able to withstand stress. An investment designed to help remove (wherever possible) the wear and tear associated with this demanding field of practice.
From the Australian Law Journal - June 1999 FAMILY COURT PRACTICE MANUAL (4th Edition )
Author: Peter Szabo
Publisher: Leo Cussen Institute MelbourneReviewer: Anthony Dickey QC
The Family Court Practice Manual provides an excellent guide to the practice of family law. It explains the main procedural requirements under the Family Law Act and Rules with admirable clarity. The text is supported by very useful checklists, sample forms and procedural flow charts.
This work will prove invaluable not only to newly admitted lawyers but to any. practitioner who is unfamiliar with the practice of family law.
This work is written with Victorian practice primarily in mind, so readers in other jurisdiction should be aware that some practices may not be exactly the same in their State or Territory. For example, there may not be the same reliance upon obtaining counsel's advice in other jurisdictions as there is in Victoria. Subscription to keep the work current, updating material for this work is available free of charge from the author's web page
If there is one particularly unfortunate aspect of this work it is that it does not have a subject index. This often makes finding advice on particular procedural matters difficult.
Author's note: An index is being included in the next update expected in early 2000. The CD rom version will also be fully indexed electronically.
From the Law Society of Tasmania - November 1999
Family Court Practice Manual. Peter Szabo. Fourth Edition. 1998.
Published by Leo Cussen Institute. $120Reviewed by B.JM
Late last year I reviewed the Consumer Credit Manual, also published by Leo Cussen and readers will recall, was very enthusiastic as to it.
I had not seen earlier editions of this Manual and therefore looked at this edition as something completely new to me.
What it is, in essence, is a series of chapters each of which sets out to explain the nature of the various letters, forms and procedures necessary to achieve a particular set of Orders. It does this in a practical way, suggesting even the form of letters that could be written, endeavouring, for instance, to obtain evidence necessary to obtain an Order for substituted service.
What it does not do, nor seek to do, is explain or identify the relevant cases. Rather, as the name suggests, it is a manual, a. practical document which takes you though the processes from initial interview, to interim orders, to orders for residence, maintenance, divorce etc. It assumes a working knowledge of the Act and Regulations by its readers and an ability to research the Law, elsewhere, should it be necessary.
This is a fine, very easy to read manual which I very highly recommend. I should add that credit for the easy style in which it is written, is given to the editor, Jenny Bright, who, the introduction tells us is a lawyer who specialises in plain English writing and editing. This publication is a strong testament to her ability.
Author's note: the second last paragraph may suggest that the Manual does not refer to sections of the Act and Rules. I have gone to a great deal of trouble to include those references. See the online chapters 1,2 and 3 for exactly what is available.