Family Law: Key Issues in WA
Tailored for the WA Family Law practitioner, spend a morning being brought up to date on several important issues that are unique to Family Law in WA. Hear how to deal with superannuation splitting and the potential traps for married and de facto couples in WA, explore the relationship between caveats and family law disputes, plus discuss the jurisdictional issues in the Family Court in financial proceedings under the Family Law Act and the Family Court Act. 216W03
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA Legislation
Chair: Trevor O’Sullivan, Special Counsel, O’Sullivan Davies; Accredited Family Law Specialist; Leading Family & Divorce Lawyer, Doyle’s Guide 2021
9.00am to 10.00am Superannuation Splitting: Married and De Facto in WA and Reform Inconsistency
- Married couples and de facto couple in WA: What are the differences?
- Potential traps
- Partial property settlements
Presented by Adam Somerville-Brown, Principal, ASB Law; Accredited Family Law Specialist
10.00am to 11.00am Caveats and Family Law Disputes
This session will explore the interrelationship between caveats and family law disputes.
Presented by Anka Burns, Special Counsel, Lorraine Madden, Special Counsel, and Dragana Blackwood, Senior Associate, Lavan
11.00am to 11.15am Morning Tea
11.15am to 12.15pm I Didn’t Become a Family Lawyer to Deal with That!” – Contractual Disputes, Equitable Claims and the Bank of Mum & Dad
More and more financial cases in the Family Court may involve contractual and equitable issues in the context of trying to set aside binding financial agreements or claims by or against third parties.
Presented by Brendan Ashdown, Barrister, John Toohey Chambers
12.15pm to 1.15pm Jurisdictional Issues in the Family Court in Financial Proceedings under the Family Law Act and the Family Court Act
- Commencing financial proceedings prior to breakdown of a marriage
- Commencing financial proceedings prior to breakdown of a de facto relationship
- What are the differences in WA and in the rest of Australia?
- Review of recent cases
Presented by John Butler, Principal, Butlers Lawyers & Notaries; Recommended Family & Divorce Lawyer, Doyle’s Guide 2020
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.
Presenters
Trevor O’Sullivan
Trevor graduated from the University of Western Australia in 1969. He was admitted to the Supreme Court of Western Australia in 1972 and to the High Court of Australia in 1987. Trevor completed the Professional Certificate of Arbitration and Mediation at the University of Adelaide in 1999 and is a member of the Resolution Institute and the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). Trevor is an NMAS accredited Mediator. Trevor is a Fellow of the International Academy of Family Lawyers, a past member of the Executive of the Family Law Section of the Law Council of Australia and a past member of the Council of the Family Law Practitioners' Association of WA having previously held a number of positions including President and Secretary. In 2013 Trevor was made a Life Member of the Family Law Practitioners' Association of WA (FLPA). The FLPA awarded him Family Lawyer of the year 2018. Trevor became an accredited Family Law Specialist in 1992 and chairs the Law Society' of Western Australia's Accreditation Committee. Prior to forming O'Sullivan Davies, Trevor was a Partner at Clayton Utz for 15 years. Before that, he was also a Partner at the firm now known as Ilberys for 10 years. He has served on the Executive of the Family Law Section of the Law Council of Australia and has given numerous papers at local and national conferences and to tertiary institutions and specialist interest groups. He is Chairman of the WAFL Tribunal. Trevor is the past Chair of the Council of Wesley College.
Adam Somerville-Brown
Adam is an Accredited Family Law Specialist and has been recognised by Doyle's Guide as one of the Family Law Rising Stars - Western Australia, 2018. Adam has assisted and represented clients across the spectrum of Family Law issues with a special focus on more substantial and complex property settlement cases and parenting disputes. Adam has extensive experience in negotiations including Mediations. Adam represents clients at all stages of litigation including Interim Hearings, Conferences and Trials. Adam is a consultant author for the CCH Database providing legal commentary on Family Law. Adam is a casual lecturer for the College of Law teaching other Lawyers in the field of Family Law. Adam has prepared a number of articles and presented seminars to other Lawyers on topics in Family Law including Discretionary Trusts; Subpoenas; Superannuation; Add Backs; Ethics; and The difference between Family Law in Western Australia and the rest of Australia. Adam is admitted to the Supreme Court of Western Australia and the High Court of Australia. Adam is a member of the Family Law Practitioners' Association of WA and a member of the Law Society of WA.
Anka Burns
Anka Burns is a special counsel in Lavan’s Property and Leasing Team. Anka is experienced in all aspects of property law and maintains a broad practice. This provides her client’s with consistency and an advisor who has a genuine understanding of all facets of the transaction. This is evident from her extensive involvement in a large number of significant property acquisitions and disposals throughout Western Australia and interstate.
Lorraine Madden
Lorraine Madden is experienced in commercial and contract litigation, property disputes and professional negligence and has defended prosecutions and disciplinary proceedings in relation to both health and safety, medical and planning matters. Lorraine is a member of the special counsel in Lavan’s Litigation and Dispute Resolution team. Lorraine has extensive experience in drafting wills and deals with contentious and non-contentious probate and estate matters in the Probate Registry of the Supreme Court of Western Australia. Lorraine has extensive experience in insurance litigation and has acted successfully for both large corporations and individuals in a diverse range of professions including law, medicine, insurance, accounting, engineering, and construction. She is well placed to advise clients on insurance policy issues and regularly appears at hearings in the Supreme, Federal, District and Magistrates Courts. Lorraine also deals with applications for appointment of Administrators and Guardians in the State Administrative Tribunal. Lorraine joined Lavan in January 2014 from Karp Steedman Ross-Adjie in Perth. Prior to this she practised in Sydney at Henry Davis York, in Perth at Minter Ellison and Mallesons Stephen Jaques and DLA Piper in the UK.
Dragana Blackwood
Dragana advises and acts for clients in family law matters relating to children and financial arrangements. Dragana supports her clients through the maze of legal processes associated with financial agreements, separation, divorce, and financial and child related proceedings by applying a practical and common-sense approach, to achieve the best possible outcome. Having completed training under the National Mediator Accreditation System (NMAS) and Family Dispute Resolution (FDR) regulations, Dragana is highly skilled in enhancing negotiations and resolving matters amicably, where the circumstances allow.
Where settlement cannot be achieved, Dragana assists clients to achieve outcomes in contested Family Court proceedings. Prior to commencing her legal career, Dragana worked in federal politics which has provided her with first hand experience in Australia’s system of government and parliamentary processes, legislation analysis and speech writing.
John Butler
John Butler has worked in the law for more than 50 years. He is a Barrister and Solicitor of the Supreme Court of Western Australia, a Solicitor of the Supreme Court of New South Wales, a Barrister and Solicitor of the Supreme Court of the Australian Capital Territory, and on the Roll of Legal Practitioners for the High Court of Australia. In addition to Western Australia, John has practised in New South Wales and the ACT. He has been a partner in a national legal firm and has twice established his own practice. John is currently the Principal of Butlers, Lawyers & Notaries, based in Nedlands. The majority of John's practice is in the areas of Family Law, Business Planning, Wills & Estate Planning, Claims on Estates, Guardianship & Administration and Elder Law. John has been involved with government and independent schools for over 40 years, including serving on the governing bodies of several independent schools over that period. John holds a Commission in the Australian Army and is on the Reserve of Officers. John is also an active member of the Rotary Club of Matilda Bay.