• August 2019

  • Thursday, 15 August 2019
    15 Aug 2019 9:00am - 15 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program will be chaired by:

    Bruce Geddes QC, Barrister, Victorian Bar

    and

    Rose Lockie, Partner, Gadens

    Family Law Legislation Updates and New Developments for 2019 

    This session will address recent and emerging legislative developments and updates including:

    • Family Law Amendment (Family Violence and Cross examination of Parties) Act 2018;
    • The Children Legislation Amendment (Information Sharing) Act 2018 (Vic);
    • Fee contributions and changes to the cost of an Independent Children’s Lawyer
    • The Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018;
    • Key updates including extensions to the Family Law Amendments (2018 Measures No1) Rules 2018.
    • Family Violence Plan released by the Family Court and Federal Circuit Court of Australia; and
    • Amendments to the Restraining Order Legislation.

    Presented by: Annelis Bos, Partner, Leading Parenting & Children’s Matters Lawyer in Victoria, Doyle’s Guide 2019, Coote Family Lawyers

    Family Law Reform and Restructure - Next Steps and Impact on Practitioners and Clients 

    Hear from a leading Family Law Practitioner on the ongoing challenges arising from the proposed restructure of the Family Law system.

    The Australian Law Reform Commission Review’s Final Report, Family Law for the Future – An inquiry into the Family Law System was released in March 2019.

    How many of the final 60 recommendations within the report are likely to be adopted and if so, when? What impact would these changes have on you and your clients?

    Presented by: Keturah Sageman, Partner and Accredited Family Law Specialist, Nicholes Family Law

    Family Law Judgements - Case Update 2019 

    This session will provide a review of recent, significant cases and trends up to August 2019 from the Family Court of Australia and the Federal Circuit Court.

    This case update will include:

    Property Matters                         

    • Scott & Scott [2019] FamCAFC 9
    • Bullow & Bullow [2019] FamCAFC 3
    • Sully & Sully [2018] FamCA 786
    • Tamaris & Tamaris [2018] FCCA 3696

    Taxation related matters

    • Commissioner of Taxation for the Commonwealth of Australia v Tomaras [2018] HCA 62

                Sperm donor related matters

    • GLS v Russell-Weisz and Ors [2018] WASC 79
    • Re Cresswell [2018] QSC 142
    • ‘Masson’ and ‘Parsons’ [2019] HCA

                Children’s Matters

    • Cao & Cao [2019] FamCAFC 252
    • Ardagh (No.2) [2018] FamCAFC 160

    Presented by: Damian Harriss, Partner, Accredited Family Law Specialist, Mills Oakley

     Relocation Case Applications  

    The Family Law Act 1975 (Cth) does not contain specific provisions which deal specially with relocation. Cases dealing with the proposed relocation of children are difficult to deal with, as there are numerous factors taken into account by the court when deciding what is in the best interest of the child. These cases are also often difficult to settle.

    By reference to recent cases, our presenter will outline the essential steps and information to include when:

    • Preparing  Relocation Application documents
    • Considering evidence and managing client expectations
    • Entering negotiations
    • Running the case
    • Settlement tactics

    Presented by: Emma Swart, Barrister, Victorian Bar

    Extended Family Impact On Financial Contributions and Children’s Care Arrangements 

    This session will look at the impact of the extended family dynamic as it relates to the issue of financial contributions from family members to a party in family law matters. How are the contributions treated by the court and what are the common types of contributions claimed by parties in dispute.

    The session will also address the issues that can arise when a parent is actually being supported by family members in providing parental care, instead of the parent taking responsibility and doing it themselves. How do you deal with issues of evidence and determining at what point that parent is not actually providing the parental responsibility.

    Self-Service Evidence Gathering 

    Recording conversations:

    What advice should you give when your client seeks your advice on whether they can record private conversations to use as evidence or as a pressure tactic? Jurisdictional legislative differences can also impact when a conversation is recorded in one state or territory, to be used in another state or territory.

     

    Surveillance:

    What would you advise your client if they asked whether they could use a surveillance device to track an ex-partner? Or if they believe they are being monitored? What are the legal parameters around the use of surveillance devices by parties seeking to obtain evidence to their advantage?  

    Presented by: Barry Berger, Partner, Accredited Family Law Specialist, Berger Kordos Lawyers

    Ethical Considerations for Family Lawyers  

    This session will provide insights and guidance for best practice, both for the client and for the practitioner. As Family Law legislation develops and changes, Family Law clients continue to be distressed, the caseload continues to be demanding, and complaints can arise. As a Family Law practitioner, it is essential to implement effective policies, build resilience and maintain wellbeing across our workplaces.

    • What does a successful outcome for all parties look like?
    • Practical guidance on how to reduce the risk of a complaint
    • Developing a personalised and proactive approach to managing vicarious traumatisation and build resilience
    • Think innovation!

    Presented by: Victorian Legal Services Board + Commissioner

    6.0
    $695.00
    Filling Fast!
  • October 2019

  • Wednesday, 30 October 2019
    30 Oct 2019 9:00am - 30 Oct 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Session 1

    Allegations of Inappropriate Behaviour by Staff Members or Contractors 

    Responsibilities and options when notified that a staff member or contractor/s has acted inappropriately towards a child in your care:

    • Questions to ask and information required
    • Staff personal liability vs school liability
    • Legal responsibilities towards child/ren and staff member/contractor.
    • Options for conducting investigation
    • External vs internal investigator

    Presented by: Fiona Knowles, Barrister, Victorian Bar

    Session 2

    Family Law Issues and The School’s Role 

    Responsibilities and risks in interpreting and complying with various Court requirements. This session will discuss:

    • Parenting Orders, Parenting plans
    • Intervention Orders
    • Complying with Subpoenas
    • Student and parent privacy

    Session 3

    Data Breaches and the Impact on Your School 

    The Mandatory Data Breach laws impose legal responsibility on organisations, including schools, to protect student and staff personal data and information. Breaches can have serious consequences. Recent high profile examples show the adverse impact a breach can have on the reputation of a teaching organisation.

    This session will outline:

    • What is the data breach regime
    • How does it apply to schools
    • What data must be protected
    • What to do if a breach occurs and your legal reporting obligations

    Session 4

    A Safe Workplace and Duty of Care 

    A school has a responsibility to provide a safe workplace including risks to mental and physical health. This session will discuss the schools’ responsibilities and common risks and causes including: 

    • Abuse from parents including online criticism and abuse
    • Long hours and report writing
    • Managing student behavioural and personal issues

     

    4.0
    $490.00
  • November 2019

  • Friday, 8 November 2019
    8 Nov 2019 9:00am - 8 Nov 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This intensive program will take an in-depth look at the finer drafting points and important considerations in the following key areas of family law.

    Our presenters will address the nuances that can arise in complex situations and give you confidence that your drafting skills are at their best.

    This Special program will cover:

     

    Binding Child Support Agreements 

    The Child Support system can be confusing and complex. Debts can easily accrue based on changing circumstances including changes in care, providing the wrong information, or missing or making incorrect payments. While a Binding Child Support Agreement can provide certainty between parties, it is vital that practitioners address all current and future aspects of Support. Being an enforceable Agreement by the Court, getting it wrong can have significant ramifications for you and your client if it is set aside.

    This session will address issues including:

    • Drafting clearly defined terms within Binding Child Support Agreements;
    • How to tailor an Agreement to best suit your client;
    • What payments can and cannot be covered, including periodic and non-periodic child support;
    • The legal requirements that must be covered;
    • The ramifications of getting things wrong.

    Superannuation Splitting Orders 

    One of the most technical areas of Family Law, drafting effective Superannuation Splitting Orders is a vital skill for family law practitioners. Requiring the key knowledge of the Superannuation Law aspects of the Family Law Act 1975, it is a challenge dealing with this highly technical and increasingly complex area of law.  

    This session will offer:

    • Practical tips on how to draft effective superannuation splitting orders;
    • A look at the nuances in drafting orders so they comply with the legislative requirements of the Family Law Act 1975;
    • Key risks and how to avoid them;
    • Proper process and procedure, and your responsibilities following finalised Orders, including correspondence with Superannuation Funds.

    Spousal Maintenance 

    Spousal Maintenance will only be payable when certain criteria is met. This usually relates to a large disparity in income between parties, financial needs and financial capacity. As there is no set formula for how much spousal maintenance should and will be paid, family law practitioners should be aware of when spousal maintenance should be negotiated and how to draft the relevant orders to ensure their client will receive the ongoing support into the future.

    This session will cover issues including:

    • How and when spousal maintenance arises;
    • Drafting clear and effective Orders;
    • Excluding spousal maintenance from Binding Financial Agreements;
    • Advising your client on ‘reasonable expenses’ and when to make an Application to the Court in the event of disagreement.

    Binding Financial Agreements 

    A Binding Financial Agreement (BFA) can be entered into before, during and after marriage, or de facto relationship, and can be a minefield for family law practitioners. In light of ongoing litigation before the courts to have Binding Financial Agreements set aside, many family law practitioners are concerned about preparing or signing them.  

    This session will focus on the practical aspects of drafting Binding Financial Agreements and examine:

    • The importance of understanding the legislative requirements prior to preparing or signing a BFA;
    • Practical tips and issues to consider when drafting;
    • What should form the content of the Agreement – Can there ever be ‘too much detail’?;
    • Key risk areas to be aware of;
    • How to spot the ‘future trouble client’ and how to take extra precautions.

     

    4.0
    $490.00
    Special Program