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Quoting or using caselaw

I have heard and read differeing views around using examples of case law as an SRL. As part of my research, I have come across two cases with uncanny similarities to mine. One opinion was that a Barrister will focus on areas of difference in order to discredit. Another  was that similar cases bring precedent and can be helpful to my case. Does anyone  (as a SRL) have a view or experience about the benefits or pitfalls with this. Thanks
Have the counter argument ready to point out that the points of difference are minimal.

You will gain more than you lose by quoting cases that have similarities to your own.

The other option is to focus on specific issues and use case law to support your argument for those. As you scan through judgements, you will find the classic cases that get quoted as precedent over and over again, like goode v goode, b&b and rice and asplund.

You can't fight logic. Make sure the argument is as logical as possible, then very hard to deflate.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 

Quoting or using case law

Do you quote Case Law in a Grounds of Appeal application and then go to explain your reasoning?

Amatuer at this.
I don’t think you should cite caselaw in the grounds of appeal. Caselaw or authorities are referenced in the summary of argument filed after the notice of appeal. The cost of lodging an appeal is $870 and there will likely be a costs order if you lose or discontinue. The preferred objective of starting an appeal is to negotiate a settlement – it’s too expensive for most to contest to hearing.   I suggest you consider it carefully before embarking on a lot of work. Have a look at the family court website for new judgments of the full court. These contain the grounds of appeals and why they succeed or fail

The use of case law in appeal hearings is apparent. Barristers draw upon Full Court, High Court and other superior court judgements to illustrate their arguments.
The reference to judgements in appeal judgements is not by chance. Barristers introduce these cases so as to analogously reason their arguments as to why their appeal ought to be given weight.
Precedents and case law are intra-dependent.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

What do I do then?

This is an appeal regarding an CSA/SSAT decision. So does a fee apply?  I have asked this in another topic.
 The preferred objective of starting an appeal is to negotiate a settlement
This is the outcome that I am hoping for.
I don't think you should cite caselaw in the grounds of appeal.
The use of case law in appeal hearings is apparent.
Barristers introduce these cases so as to analogously reason their arguments as to why their appeal ought to be given weight.
  What do I do then?? O_o If I use case law, I could reason why my appeal should be given weight.

But if I want to negotiate a settlement, is that the same as an appeal, and do I use case law in that sense?
But if I want to negotiate a settlement, is that the same as an appeal, and do I use case law in that sense?
Negotiations as I understand them are not conducted in a hearing format. They are a resolution arrived at between the parties and can involve representatives.

An appeal generally is in relation to a determination by a court, or tribunal, which has failed to determine a matter consistent with the facts as known and other cases with similar or comparable issues.

In negotiations reliance on the merits of one's case give weight to the proposals one puts forward. Negotiations often require concessions from both sides. Negotiating with a solicitor or barrister is challenging since they are experienced in that role.

Case law substantiates or diminishes one's arguments. Drawing on case law occurs in the earlier part of negotiations. After that it becomes necessary for both sides to concede what they are comfortable/satisfied with.

If case law does not favour one then negotiations are are good way to get a resolution. They permit more control on the outcome. When a judge decides contol is in their hands.

Money is saved in negotiation which can be employed to benifit children or improve one's comfort as against giving laywers money to pay their taxes with. In the end the Government wins, punters pay.

Getting fair opinions is needed to be able to negotiate effectively. Knowing one's worst case scenario is of value. Upwards of that is a win win situation.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Am I taking over Lucy0108's topic?  Should I start a new one?

 An appeal generally is in relation to a determination by a court, or tribunal, which has failed to determine a matter consistent with the facts as known and other cases with similar or comparable issues.
Does this mean that an appeal stays as an appeal or can it change if the judge decides negotiation is appropriate?  I would be appealing a decision made by SSAT and also by the FMC.

If you choose not to quote case law, does the judge quote case law during anway?  Besides reading judgements, how would you prepare for the onslaught of using case law?
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