Family Law Conference
Start time 29 Oct 2020 9:00am (Australia - Melbourne)
End time 29 Oct 2020 4:00pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code C20039
Total CPD Units: 6.0

Ethics & Professional Responsibility: 1.0
Substantive Law: 5.0
(includes GST)

Family Law Conference

29 Oct 2020 9:00am - 29 Oct 2020 4:00pm (Australia - Melbourne)
Live Stream Only

Child Support Agreements During COVID-19 - Modifying or Setting Aside   

This session will discuss modification applications to Child Support Agreements given loss of income due to COVID-19. With reference to the recent case of Martyn, this session will discuss:

  • Change in circumstances and what the court will consider “exceptional circumstances”

  • Tips when advising either party and the formula used to calculate child support

  • Tips when assessing income loss relating to complex corporate structures and trusts and how to assess these types of income

  • The court application – tips for drafting urgent applications for circumstances in which parents can make a departure from the formula

  • Different types of child support agreements

Presented by: Nick Ellis, Principal, Marshalls Dent Wilmoth Lawyers

Family Law Legislation Updates and New Developments for 2020-2021  

This session will include:

  • Family Law Arbitration – A New Path for Resolution

In April 2020, the Family Court and Federal Circuit Court of Australia established a new National Arbitration List. Offering a new, timely and flexible way for matters to be finalised, and under the direction of dedicated Judges in Charge, the National Arbitration List may provide family lawyers a new avenue of dispute resolution and allow cases to be finalised quickly, or avoid hearings altogether. 

This session will provide an in-depth overview of the introduction and management of the new specialist National Arbitration List operating in the Family Court and Federal Circuit of Australia. It will discuss the pro’s, con’s, options and processes now available to your clients both prior to and after filing an Application in court. 

  • Legislative Updates

This session will address recent and emerging legislative developments and updates for 2020 and beyond.

Presented by: Emma Swart, Barrister, Victorian Bar

Family Law Judgements – Case Update 2020  

This session will provide a review of recent, significant cases from the Family Court of Australia and the Federal Circuit Court.
This case update will include cases on:

  • Property Matters       
  • Injunctions
  • Children’s Matters and Relocation Orders
  • Arbitration        

Plus  relevant cases up to October 2020!

Presented by: Georgina Gregory, Director, Clancy & Triado

Ethical Considerations for Family Lawyers      

Complaints made against family lawyers continue to rank amongst the highest by consumers.  Hear from our presenter on:

  • Areas of significant concern for family lawyers in 2020/21;
  • Practical guidance on how to reduce the risk of a complaint; and
  • The top ethical dilemmas that keep family lawyers awake at night.

Presented by: Melanie Wilson, Director, Accredited Family Law Specialist, Clancy & Triado

Substance Abuse, Mental Health Issues - Children’s Orders During COVID-19  

Devising parenting arrangements that are in the best interests of a child can be complicated when there is substance abuse or mental health issues.

This session will consider how the courts are dealing with these issues in children’s orders and parental care and responsibility especially where mental health is a concern.  

This session will consider:

  • How the Courts examine and weigh up the evidence in making their risk assessments taking into consideration the care provider’s capacity and wishes of the child(ren)

  • Urgent applications

  • Different types of evidence and opinions to obtain and factors to consider – the pros and cons

  • Drug and alcohol allegations, testing and mitigating the risk to the child(ren)

  • Mental health issues, professional reports and mitigating the risk to the child(ren)

Presented by: Louise Dorian, Special Counsel, Gadens

Final Property Orders - Vary or Set Aside 

At present, your client’s financial circumstances may have changed quickly and radically. Is it fair and reasonable to consider varying final property orders where a situation may only be temporary or uncertain? How would the Courts determine this argument and what, if any conditions would be considered?

This session will include:

  • Setting aside and / or varying Final Property Orders under s79 and s90SN of the FLA and 16.05(1) of the FCCR
  • Impact of Redundancies
  • Impact of Bankruptcy
  • Impact of changed working hours and pay
  • Impact on Spousal Maintenance

Presented by: Robin Smith, Barrister, Victorian Bar