Family Law Half Day Masterclass – Drafting Complex Agreements and Orders
Start time 29 Sep 2021 9:00am (Australia - Melbourne)
End time 29 Sep 2021 1:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See full program details
Catering Not included
Designed for Legal practitioners
Product Code I21026
CPD Points:

Professional Skills: 4.0
(includes GST)

Family Law Half Day Masterclass – Drafting Complex Agreements and Orders

29 Sep 2021 9:00am - 29 Sep 2021 1:30pm (Australia - Melbourne)
Live Stream Only

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.

Presented by: Timothy Gough, Partner, Lander & Rogers

Drafting Complex Consent Orders

One of the most crucial and complex areas of Family Law, drafting effective Consent Orders, is a vital skill for family law practitioners.

Requiring the key knowledge of financial and family circumstances, and requiring court approval, this balancing task is a challenge.  

This session will cover:

  • Drafting Consent Orders: tips and traps
  • Identifying and avoiding drafting errors
  • How to draft Consent orders to vary or discharge existing family law orders.
  • Ensuring your orders and agreements are enforceable
  • Practical examples

This session will provide you with an in-depth overview of complex Consent Orders and is designed to equip you with the essential skills to draft these important documents with confidence.

Presented by: Monica Blizzard, Director, Accredited Family Law Specialist, KHQ Lawyers

Binding Financial Agreements 

A Binding Financial Agreement (BFA) can be entered into before, during and after marriage, or de facto relationship, and if not drafted with care, 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 and keeping up to date with decisions relating to financial agreements;
  • Practical tips and issues to consider when drafting financial agreements;
  • What to include or exclude, and what should form the content of Financial Agreements – is it possible to have ‘too much’ or ‘too little’ detail?;
  • Key risk areas to be aware of; and
  • Recent decisions of importance, and the impact of those decisions on the drafting of financial agreements.
  • How to spot the ‘future trouble client’ and how to take extra precautions.

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

Spousal Maintenance 

Bringing a successful application for maintenance on behalf of a client can be a difficult process. Although there is a clear test for such applications, if the evidence is finely balanced, practitioners need to consider how to approach the task to achieve a favourable outcome for their clients, and provide robust, clear and concise advice about the prospects of success of such applications, as to the quantum and form of the maintenance payments to be sought, and likely to be ordered by the Courts.

Family Law Practitioners need to carefully consider how to approach the negotiation, litigation and drafting of maintenance applications to ensure a favourable outcomes for their clients.

This session will cover issues including:

  • How and when spousal maintenance arises and the test to be applied;
  • Drafting clear and effective Orders;
  • Maintenance and Binding Financial Agreements;
  • Advising your client on a maintenance claim, what constitutes ‘reasonable and necessary living expenses’ and when to make an Application to the Court if interim financial arrangements cannot be negotiated.

Presented by: Justine Clark, Principal and Accredited Family Law Specialist, Tisher Liner FC Law