Family Law: Advanced Evidence
You’ll examine three topical areas in evidence in Family Law including inadvertent waiver of privilege and how to keep the genie in the bottle. Delve into what to do when faced with evidence that may have been obtained in breach of criminal, telecommunications and surveillance laws. Finally, gain a detailed guide to your options when another party fails to adequately produce all important documents and responding to subpoenas requesting the production of sensitive or irrelevant materials.
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Once seminars are completed, delegates from Western Australia may apply to The Law Society of Western Australia for family law specialist accreditation points. Each application is subject to approval by the Accreditation Committee on a case by case basis and approval is not guaranteed. Your request for points form and attached materials can be emailed to accreditation@lawsocietywa.asn.au
Chair: Rose Lockie, Partner, Gadens; Accredited Family Law Specialist
2.00pm to 3.00pm: Inadvertent Waiver of Privilege
- Client legal privilege: Division 1, Part 3.10 Evidence Act 1995 (Cth)
- The loss of client legal privilege: section 122
- Determining the extent of the waiver
- Consideration of recent case law
- Practical tips on keeping the genie in the bottle
Presented by Kylie Chesterman, Barrister, Queensland Bar
3.00pm to 4.00pm: Improperly Obtained Information in the New Digital Age
- What material is deemed sensitive
- Issues that can arise
- Admissibility of evidence deemed sensitive
- Criminal, telecommunications and surveillance offences: comparison of Commonwealth and State legislation
- Discovery
- Legal Profession Uniform Law Australian Solicitors Conduct Rules
- Admissibility
Presented by Daniel Kaufman, Special Counsel, Lander & Rogers
4.00pm to 4.10pm: Break
4.10pm to 5.10pm: Production of Documents and Subpoenas
Presented by Rozeta Stoikovska SC, Patterson’s List and Sarah Fiskin, Barrister, Foley’s List
5.10pm to 5.15pm: Final Q&A and Closing Comments by the Chair
Presenters
Rose Lockie
Rose Lockie is a recognised Family Law Specialist (since 1989) who practises in all aspects of the field and serves on a number of influential committees and boards dealing with Family Law and who is named as a "Leading Family Lawyer" in Doyle's Guide (including as a Leading Lawyer, High Wealth Complex Family Law). She is past Chair of the Family Law Accreditation Advisory Committee, current Member of the Specialisation Board, and past Chair and current member of the Executive Committee of the Family Law Section of the Law Institute of Victoria.
Kylie Chesterman
Kylie Chesterman is a Barrister practising primarily in family law, domestic violence and criminal law cases. Her qualifications include a Bachelor of Laws (Hons) and a Bachelor of Psychological Science. She was admitted as a legal practitioner in 2011 and called to the bar in June 2016. Prior to her admission Kylie undertook associateships in the Queensland Court of Appeal and District Court before working at the Office of the Director of Public Prosecutions and Hartley Healy.
Daniel Kaufman
Daniel has practised exclusively in family law since his admission to practice in 2003. He takes a particular interest in complex property matters and has successfully represented clients in cases involving third parties. Daniel's areas of expertise include property matters involving large and complex asset structures and offshore assets; financial agreements including 'pre-nuptial' agreements and child support agreements; taxation aspects of property matters; the interaction of family law and estates law; children's matters, including residence/contact negotiations, child abuse cases and child abduction matters; spousal maintenance; de facto matters, including property settlement and cohabitation and separation agreements; guardianship and administration matters; family violence issues; and international children's and property cases.
Rozeta Stoikovska
Rozeta Stoikovska signed the bar roll in May, 1984. Rozeta's practice has always included a component of Family Law and Defacto Relationship work. Since the late 1990's she has practiced almost exclusively in these areas with a particular interest in property, Hague Convention and relocation cases. Several of the cases Rozeta has appeared in, including appeals, have been reported in the law reports. She is happy to accept Mediation work including as Mediator. For many years Rozeta participated as Moot Master in the Bar Readers Course Family Law component, has twice been a member of the bar Ethics Committee (including serving as secretary in 1994/95) and prior to taking silk was mentor to six readers.
Sarah Fisken
Prior to coming to the Bar, Sarah Fisken worked for over three years at Kennedy Partners (formerly Kennedy Wisewoulds), where she practised exclusively in Family/de Facto Law, and related jurisdictions. Before that, she was a solicitor at Fraser Nevett and Frawley where she worked in a broad range of practice areas including Family Law, Criminal Law, Children's Court, and civil matters. Sarah has considerable experience in all aspects of Family Law, including parenting, property and child support matters. Whilst at Kennedy Partners, Sarah also worked in the area of international matrimonial law, dealing with issues such as international relocation and parenting cases, international child support issues, and jurisdictional disputes.