Advanced Family Law Evidence Masterclass
You’ll examine four topical areas in evidence in Family Law including the ethical issues surrounding inadvertent waiver of privilege and the evidence required when considering alleging fraud. Hear from senior and leading practitioners, including a Senior Registrar of the Family Court, as they delve into admissibility and reliability of shadow experts in property and parenting matters, electronic hearing books and tendering bundles, plus tendering of evidence during re-examination. WEB216N02
Description
Attend and earn 4 CPD units including:
3 CPD units in Substantive Law
1 CPD unit in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Chair: Natalie Kam, Partner, Lavan; Accredited Family Law Specialist
1.00pm to 1.05pm Opening Comments from the Chair
1.05pm to 1.50pm Re-examination and Evidence
- What can you do?
- What you can tender (when client is cross-examined on part of a document)?
- When to leave well enough alone…
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
1.50pm to 2.35pm Admissibility vs Reliability of Evidence
A detailed consideration of the differences in the Rules of the Family Court and the Federal Circuit Court relating to the use of experts in family law matters. Consider topics including:
- Limitations on the use of material when instructing experts
- Scope of expertise as recognised by the Courts
- The use of (and limitations on the use of) shadow experts
- Strategies that can be employed when dealing with expert opinion
Presented by Greg Shoebridge, Barrister, 19 Inns Chambers; Leading Family Law Junior Counsel and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2021
Ethics and Professional Responsibility
2.35pm to 3.35pm Disclosure and Inadvertent Waiver of Privilege
- The obligation of disclosure
- Implications for your client of a failure to provide disclosure
- A practitioner’s obligations when a client gives you documents/information
- How to deal with another party failing to provide disclosure
- Inadvertent waiver of privilege
Presented by Rachell Davey, Partner, Lander &Rogers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Lawyer, Doyle’s Guide 2020
3.35pm to 3.45pm Break
3.45pm to 4.30pm Electronic Hearing Books and Tender Bundles with Focus on Interim Proceedings
- What should go in a subpoena bundle
- What sort of material and how to target the relevant material
Presented by Judge Campbell, Federal Circuit Court of Australia
4.30pm to 5.15pm When or When Not to Assert Fraud in Family Law Cases and Evidence Required
Examine the ethical dilemma of the decision to assert fraud in family law proceedings and the evidence required to back up your claim.
Presented by Philip Looney KC, 19 Inns Chambers; Leading Family Law Senior Counsel, Doyle’s Guide 2021 and Karen Oakley, Barrister, 19 Inns Chambers; Leading Parenting & children’s Matters Barrister and Recommended Family Law Junior Counsel, Doyle’s Guide 2021