Family Law Drafting: BFAs, Child Support Agreements & Interim Spousal Maintenance
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 and watertight binding financial agreements, binding and limited child support agreements and the drafting of interim orders to seek financial assistance in line with the FCFCOA changes. WEB223N40
Description
Attend and earn 3 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Cathie Blanchfield, Principal, Blanchfield Nicholls Family & Private Advisory; Leading Family & Divorce Lawyer and Recommended, Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2021
2.00pm to 3.00pm Understanding the Elements of Binding Financial Agreements: Updated Steps to Precision Drafting
- Tips and traps in drafting agreements
- When is the Court likely to set aside an agreement?
- Recent case developments and scenarios and how they impact what you should and shouldn’t include in your agreements
- Have the amendments to s90G made any real difference in practice and in interpretation?
- A guide to avoiding drafting errors and strengthening your BFA drafting
Presented by Paul Fildes, Principal, Taussig Cherrie Fildes Family Lawyers; Accredited Specialist in Family Law; Preeminent Family & Divorce Lawyer and Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2021
3.00pm to 4.00pm Binding Child Support Agreements and Limited Child Support Agreements: Back by Demand and Updated
- New developments in Child Support Agreements: looking behind the Statements of Independent Legal Advice
- Requirements for an agreement: applying contrary law to child support agreements
- The requirement for child support to be paid to an eligible carer
- Choosing between a Binding or Limited Child Support Agreement
- 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
4.00pm to 4.15pm Break
4.15pm to 5.15pm Drafting Interim Orders to Seek Financial Assistance in Line with the FCFCOA Changes: New Tips and Traps to Consider
- Litigation funding when the other party controls the purse strings
- New forms and impact of new costs notice letters under Rule 12.06 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules)
- New financial disclosure obligations to be provided under Chapter 6 of the Rules and the financial questionnaire
- When to seek orders for a part property settlement and how to apply
- Application for security of costs: how and when to apply
- S106A Applications: tips and traps in drafting orders and material evidence required to establish noncompliance
Presented by Lee Formica, Partner, Lander & Rogers Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2021
Presenters
Cathie Blanchfield
Cathie was admitted as a solicitor in New South Wales in July 1988. She was appointed a partner with Stuart Fowler and Partners in 2000, and in 2007 established Blanchfield Nicholls with Nigel Nicholls. For over 30 years Cathie has practised exclusively in family law and related matters. Her work has focussed on primarily financial and property matters for married, de-facto and same sex couples. She is expert in resolving complex family financial arrangements and has extensive experience in dealing with parenting matters. Cathie has developed a particular interest and expertise in drafting and advising on Financial Agreements, and this has become a significant part of her practice.
Paul Fildes
Paul Fildes is an Accredited Family Law Specialist and has been practising in family law since 1983. He has been ranked as one of only five Preeminent Family Lawyers by Doyle’s Guide for Melbourne 2019. Paul Fildes was previously the head of Middletons’ Family Law Practice Group (now K & L Gates), which he merged with Taussig Cherrie & Associates in 2010, to become Taussig Cherrie Fildes. Paul specialises in large scale family law property litigation, complex Financial Agreements, defacto property cases and restructuring family property in a tax effective manner. He also has a special interest in international relocation cases, and cross-border disputes involving the adjustment and treatment of assets located internationally, including Europe, the United Kingdom and the United States of America.
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. He also accepts briefs to draw or settle financial agreements and child support agreements. 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.
Lee Formica
Lee has over 30 years' specialist experience in family and de facto relationship law disputes. She has particular expertise in complex property and financial disputes. Lee's background and experience has given her a strong understanding of the myriad issues pertaining to family law disputes. Lee is an Accredited Family Law specialist and is recognize in the 2017-2019 editions of Doyle's Guide as a Leading Family & Divorce Lawyer. She has written and delivered papers on many areas of family law and is a regular lecturer and presenter. Lee is currently the Chair of the Family Law Advisory Committee for family law accreditation for the Law Institute of Victoria.