Family Law Drafting Intensive
Attend and gain a renewed understanding of effective family law drafting that you can apply immediately in your practice. Through practical guidance and useful drafting examples you’ll master drafting techniques and strategies for effective initiating applications and supporting documentation, future variations into binding child support agreements, watertight binding financial agreements and other final property agreements, and finally, interim spousal maintenance and parenting applications. WEB218N08
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Olivia Grobtuch, Partner, Kennedy Partners Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Recommended Family Lawyer (High-Value & Complex Property Matters) and Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2021
1.00pm to 2.00pm Drafting Appropriate Initiating Applications and Supporting Documentation
- Tips and traps for drafting parenting and property initiating applications
- When to amend
- Supporting documentation tips and traps including subpoenas, notices to admit and specific questions
Presented by Rachell Davey, Partner, Lander &Rogers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Lawyer, Doyle’s Guide 2021
2.00pm to 3.00pm Drafting Future Variations or Suspension in Binding Child Support Agreements
- Consider when and how to draft in a clause to allow for variations and/or suspension of a party’s obligations under the terms of the Agreement
- Choosing between a Binding or Limited Child Support Agreement
- The requirement for child support to be paid to an eligible carer
- Suspension of Child Support Agreements
- Providing certainty in sunset and suspension clauses: defining ‘income’ and other circumstances
- Termination or setting aside of Child Support Agreements
Presented by Dr Robin Smith, Barrister, Holmes List; Recommended Family Law Junior Counsel, Doyle’s Guide 2021
3.00pm to 3.15pm Afternoon Tea
3.15pm to 4.15pm Watertight Final Property Orders: Drafting BFAs and Other Final Property Agreements
- BFA vs Consent Orders (when to choose a BFA)
- Spousal maintenance and Deed of Release
- Court’s approach when setting aside the agreement (unconscionability, undue influence and uncertainty)
- S79A case updates
- Drafting tips and traps
Presented by Karina Ralston, Principal Lawyer, Coleman Greig Lawyers; Accredited Specialist in Family Law and Accredited Family Law Mediator and Arbitrator
4.15pm to 5.15pm Drafting Interim Spousal Maintenance and Parenting Applications: Common Traps
- Evidence required to support the spousal maintenance application
- Tips and traps: what you need to avoid or include in your application
- Practical examples and lessons learnt to implement
Presented by Alison Ross, Partner; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Leading Family Lawyer (High-Value & Complex Property Matters) and Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2021and Rina Biswas, Associate, HopgoodGanim Lawyers
Presenters
Olivia Grobtuch
Olivia Grobtuch is a founding partner of Kennedy Partners, one of Doyles Guide "top tier" Melbourne firms. She is a member of the Family Law Section of the Law Institute of Victoria and the Family Law Section of the Law Council of Australia. Olivia has been practising in family law for over 30 years. She obtained her accreditation as a family law specialist in 1990 and has been a member of various committees of the Law Institute of Victoria including sub-committees dealing with family law reform. She has been involved in a number of important matters in the High Court of Australia, and has also worked extensively on international family law matters, and is a fellow of the International Academy of Family Lawyers.
Rachell Davey
Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters. Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions. Rachell is an Accredited Specialist in Family Law (2005) and previous member of the Accredited Specialist Committee. She is listed in Doyle's Guide as a Rising Star in Family Law (2016) and a leading practitioner of Parenting and Children's Matters (2018 and 2020). She has been recognised in Best Lawyers (Australia) for her expertise in Family Law.
Dr Robin Smith
Robin joined the Victorian Bar in 2009, and practices exclusively in family law and its associated jurisdictions. He specialises in family law matters with complex questions of law, including matters with issues related to bankruptcy, equity, trusts, and third party disputes. Robin regularly provides detailed written advice and appears in court for pre-trial hearings, final hearings, and appeals. Robin is a fellow of the International Academy of Family Lawyers. He is also the treasurer of the Victorian Family Law Bar Association, and the secretary of the Victorian Military Law Bar Association.
Karina Ralston
Karina Ralston is a Principal Lawyer, and is both an Accredited Specialist in Family Law, and an Accredited Family Law Mediator and Arbitrator, with experience and skills allowing her to provide advice and representation in a range of matters including divorce, parenting arrangements, relocation cases, property matters, Binding Financial Agreements, and De-Facto Relationships. Karina’s involvement with the South West Sydney Legal Service and prior work with the Women's Legal Centre includes providing pro-bono legal advice and assistance to those who may be experiencing legal difficulties.
Alison Ross
Alison Ross specialises in complex property matters and other financial matters arising from relationship breakdowns. An Accredited Family Law Specialist, Alison is the immediate past Chair of the Queensland Law Society's Family Law Committee. She is a member of the Queensland Law Society Continuing Professional Development Committee. She is also a member of the Family Law Practitioners' Association, the Law Council of Australia's Family Law Section, the Child Protection Practitioners' Association of Queensland and Queensland Collaborative Law. Alison has been ranked a leading lawyer in Doyles Guide to Leading Family and Divorce Lawyers - Brisbane since 2012.
Rina Biswas
Rina has specialized in Family Law since 2014, with particular interest in complex property matters involving high net worth clients. Rina has extensive experience with complex financial/property matters, parenting matters, child support, surrogacy, divorce and financial agreements. Rina strives to resolve matters through negotiation and mediation without the need for Court proceedings. Rina prides herself on the relationships she fosters with clients, ensuring at all times the highest level of professionalism is met when providing advice or representing clients.