Family Law Financial Agreements Masterclass
Don’t miss this opportunity to hear Anthony Dickey QC, renowned author of the recently published book Financial Agreements under the Family Law Act. Anthony will guide you through the law and practice of financial agreements and provide solutions to some of the problems that practitioners encounter in this practical masterclass. This balanced and comprehensive program finishes with a guide to successfully dealing with superannuation and valuation in financial agreements, all with practical examples. 2111W07
Description
Attend and earn 3 CPD points including:
1 point in Competency Area 2: Professional Skills
2 points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
9.00am to 10.00am Law & Practice of Financial Agreements
- The two parts of a typical financial agreement: The Recitals and the Operative Part, and their relationship with each other
- What the Recitals and the Operative Part of a financial agreement should contain — and should not contain
- The two basic rules for drafting the Operative Part of a financial agreement
- Absurd, useless and misleading provisions of a financial agreement
- Provisions of a financial agreement and points of law that deserve special attention when drafting a financial agreement
- The nature and content of the advice that the legal practitioner should give to a client before signing the certificate of independent legal advice
10.00am to 10.05am Q&A
10.05am to 10.20am Morning Tea
Competency Area 2: Professional Skills
10.20am to 11.20am Consideration of Particular Problems with Financial Agreements
Consider a number of topics, some of which have a reasonably clear answer and others of which are presently problematical. These will include, among others:
- Does a financial agreement that is not binding have any value or usefulness?
- Can a compulsory arbitration clause in a financial agreement oust the dispute resolution jurisdiction of the Family Court?
- Can the terms of a binding financial agreement supersede the terms of a property settlement order or spousal maintenance order?
Presented by Anthony Dickey KC, John Toohey Chambers; Author, Financial Agreements under the Family Law Act, LexisNexis and author, Family Law, 6th ed, 2013, LexisNexis
11.20am to 11.25am Q&A
11.25am to 12.25pm Superannuation within Financial Agreements
Examine and analyse how to expertly deal with superannuation and the valuation of superannuation in financial agreements, with practical examples plus a review of recent cases.
Presented by John Butler, Special Counsel/Director, Butlers Lawyers; Recommended Family and Divorce Lawyer, Doyle’s Guide 2020 and John Lawley, Special Counsel, Butlers Lawyers; Recommended Family and Divorce Lawyer, Doyle’s Guide 2020
12.25pm to 12.30pm Final Q&A
Presenters
Anthony Dickey KC
Anthony Dickey was admitted as a barrister and solicitor of the Supreme Court of Western Australia in 1977 and of the Supreme Court of Victoria in 1981. He became a member of the Western Australian Bar Association in 1980 and was appointed King's Counsel for both Western Australia and Victoria in 1993. He practises in the fields of Family Law and Inheritance. His books include Family Law (6th edn., 2014) and (with Martin Davies) Shipping Law (4th edn., 2016) and Financial Agreements under the Family Law Act (2021).
John Butler
John Butler has worked in the law for more than 54 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 Lawley
John relocated to Perth, to join Butlers, in January 2017 and heads our Legal Division.
Before embarking on a career in law, John undertook an accountancy degree at Manchester University, something which stands him in good stead in assisting our clients with regard to property matters and Financial Agreements. John brings with him special expertise in complex property matters arising out of divorce and/or separation. John has been involved in large complex matters, often being able to utilize his analytical accounting skills. In his previous roles, John was recommended and recognised as an expert in his field by both legal publications, “Chambers and Partners” and the “Legal 500”. Now John has found his way into the Doyle’s guide for recommended Family Lawyers in Western Australia.
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.