Family Law Conference
Gain insights and practical guidance to ensure you’re up to date on the latest cases and strategies on everything in relation to the pool of assets in property matters and financial settlements. Examine the vital skills relating to costs and arbitration plus explore the ethical duties relating to disclosure and discovery. 223N27
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Enlarging the Pool - Add Backs, Gifts, Contributions & Inheritances
Chair: Catherine Spain, Barrister, Waratah Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2021
9.00am to 9.45am Analysis of Recent Family Law and Property Division Cases
Gain a valuable update of the most recent, significant cases and trends from the Family Court of Australia and Federal Circuit Court on property and financial settlements.
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
9.45am to 10.30am Enlarging the Asset Pool: Add Backs, Wastage and Loans vs Gifts
- Addbacks
- What were they and are what are they now?
- To add back or not to add back?
- How did Stanford change the landscape?
- Wastage arguments
- An assessment of different types of “waste”
- When they arise and how they impact the Court’s assessment of contributions
- When and what type of relief can and should be sought?
- Loans vs gifts
- What to look out for: Distinguishing factors?
- Rebutting the presumption of advancement
- Tips and tricks when arguing for or against loans
Presented by Heidi Menkes, Partner, Pearson Emerson Family Lawyers; Accredited Specialist in Family Law
10.30am to 10.45am Morning Tea
10.45am to 11.30am Update on Contributions and Adjustments
A consideration of contributions and section 75(2) factors in property settlements, including:
- A review of recent case law
- Short vs long relationships
- Holistic assessment of relevant factors
Presented by Alicia Elliott, Special Counsel, Broun Abrahams Burreket; Accredited Specialist in Family Law; Recommended Parenting and Children’s Matters Lawyer, Doyle’s Guide 2021
11.30am to 12.15pm Inheritance Post Separation: In, Out or Somewhere in Between?
- Treatment of post separation inheritance/s as a ‘financial resource’ vs property included in the asset pool
- Court alteration of property interests using the ‘global,’ ‘asset-by-asset’ or ‘two pools’ approach
- Impact of inheritance on assessment of contributions and future needs adjustments
- Recent cases
Presented by Tijana Petkovic, Director, Blanchfield Nicholls
12.15pm to 1.10pm What You Need to Know to Recover Costs from the Other Party
A discussion on how to improve your client's prospects of successfully seeking costs from the other party.
Presented byIrene Morozov, Partner, Barkus Doolan Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2021
1.10pm to 1.15pm Closing Q&A
Session 2
CPD Compulsory Units for Family Lawyers
Chair: Susan Warda, Partner, Mills Oakley; Recommended Family & Divorce Lawyer and Family Lawyers (High-Value & Complex Property Matters) Doyle’s Guide 2021
Ethics & Professional Responsibility
2.00pm to 3.00pm Duty of Disclosure and Discovery Rules
- The obligation of disclosure and implications of failing to make a full and frank disclosure
- How to deal with another party failing to make disclosure
- Your obligations when your client fails to disclose
- Claims of privilege
Presented by Sarah Bevan, Principal, Sarah Bevan Family Lawyers; Accredited Specialist in Family Law; Accredited Arbitrator
Practice Management & Business Skills
3.00pm to 4.00pm Maintaining Strong Mental Health for a Family Law Practice
- How to maintain the strong mental health of your practice?
- The importance of not becoming emotionally invested in your client’s case
- What can you implement that will ensure you and your staff have the resilience to withstand the vicarious trauma of a family law practice?
- What can we borrow from the fields of coaching, mentoring and psychology to assist us manage our family law practices?
Presented by Elizabeth Rusiti, Barrister, Queen’s Square Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Getting the Most out of Arbitration: How to Decide Which Matter is Right for Arbitration
- How do you decide which ADR path to explore?
- How to get the most out of your arbitration?
- Making it work for high conflict property
- Getting the most out of your preparation and why it is so important
Presented by Acting District Court Judge Ian Coleman SC, NSW District Court and Principal Member of NCAT; Registered Family Law Arbitrator
Presenters
Catherine Spain
Catherine Spain was admitted to the Bar in 2012. She practices exclusively in the area of family law and has appeared in the Family Court of Australia, Supreme Court and Federal Circuit Court. Catherine has been named in the Doyle’s Guide as one of the Recommended Family Law Junior Counsel each year from 2016 to 2021. Catherine is also a member of the ACT/NSW AFL Tribunal.
Neil Jackson
Neil Jackson holds a Bachelor of Law and Bachelor of Economics from Sydney University (both obtained in 1986), and a Master of Law from the University of New South Wales (obtained in 1996, majoring in a family law related subjects). He practised as a solicitor in Sydney from July 1986, largely specialising in personal injury litigation, family law and de facto relationships law, before being called to the New South Wales Bar in February 1997. From 1998 he was the National Editor of the CCH De Facto Relationships Service. He is also an accredited specialist through the Law Society of New South Wales in both family law and personal injury.
Heidi Menkes
Heidi is an Accredited Family Law Specialist and has practised exclusively in the area of family law for over 13 years. Heidi is also collaboratively trained and can offer this as an alternative way for clients to reach a commercially sound resolution to their dispute. Heidi and is a dynamic and pragmatic lawyer with extensive experience in a wide range of family law matters ranging from complex property matters including high net worth individuals, trust structures and complex corporate structures, to spousal maintenance, financial agreements, and matters involving third parties, child support and parenting. Heidi was recognised by Doyle's Guide as a Rising Star in family law in the Australian legal market for 2020.
Alicia Elliott
Alicia Elliott is a family law specialist accredited by the Law Society of New South Wales. She practises exclusively in family law and provides clear guidance and advice on all aspects of family law, including divorce, property matters, parenting issues, child support, spouse maintenance and de facto relationships. Alicia has successfully represented clients in all areas of family law. She has acted in complex financial cases, including high net worth matters, valuation disputes and those relating to family companies and trusts. Alicia was previously employed at the Serious Fraud Office in London and brings a forensic and investigative approach to all of her matters.
Tijana Petkovic
Tijana is one of the Directors at Blanchfield Nicholls, a leading Family Law practice in Sydney and Australia as recognised by the independently researched and peer nominated Doyles Guide from 2015-2021 inclusive. Tijana has practiced exclusively in family law for over 13 years, and has experience in a variety of parenting and property matters, including acting for parties with significant asset pools, matters involving complex business structures, spousal maintenance claims, child abuse and child sexual abuse matters, overseas relocation, as well as representing third parties who have been joined to family law litigation.
Irene Morozov
Irene has practiced exclusively in family law for over 20 years and has been a partner of the firm since 2009. ‘Doyle’s Guide to the Australian Legal Market’ has ranked Irene as ‘Recommended’ nationally each year since 2016 and one of the 'Leading' Family and Divorce Lawyers in New South Wales each year since 2016. She has successfully represented clients in all areas of family law, including de facto relationships, parenting, property, spouse maintenance and contravention applications in the family courts and at appellant level.
Susan Warda
Susan Warda is team leader and partner in Mills Oakley Lawyer's Sydney family law practice. Susan has particular expertise in family law matters that involve complex financial issues, including property settlements that incorporate family businesses, multiple assets and superannuation splitting. Susan is an accredited specialist in family law, and was named 2013 Woman Lawyer of the Year in Private Practice by the Women Lawyers Association of NSW. Susan also has extensive experience in resolving family law matters outside of the Court system. She is an experienced mediator and trained collaborative law practitioner, and is able to help clients resolve their disputes without having to be involved in costly and time-consuming litigation.
Sarah Bevan
Sarah Bevan was admitted as a lawyer in New South Wales in 1999 and obtained specialist accreditation. She established Sarah Bevan Family Lawyers in 2002 and has always practised exclusively in all aspects of family law, including areas such as surrogacy, international cases and cases involving complex structures. Sarah is also an Accredited Arbitrator, NMAS accredited Mediator, a Collaborative trained lawyer and on the panel of Independent Children's Lawyer. She is a regular presenter of continuing legal education in family law.
Elizabeth Rusiti
Elizabeth Rusiti was a solicitor for 20 years before coming to the Bar. During the first half of her career, she worked for a mid-tier Sydney firm in commercial litigation, specialising in admiralty, shipping and international trade disputes. Subsequently, Elizabeth gained considerable experience at boutique family law firms, developing a reputation as a senior practitioner in that field, representing clients in all aspects of family law disputes. During her first year at the Bar, as well as accepting Briefs in family law matters and contract disputes, Elizabeth has been junior Counsel in Supreme and Federal Court disputes between customers and their banks.
Acting District Court Judge Ian Coleman SC
Acting Judge of the District Court of New South Wales. Judge Ian Coleman was admitted to practise as Solicitor Supreme Court of NSW 6 March 1974. Having gone to the NSW Bar in 1975 he practised as a barrister until 1991 when he was appointed to the trial division of the Family Court of Australia. In 1991 he was appointed to the Appeal Division Family Court of Australia and sat as a Western Plains Judge of the Family Court of Australia between 2009 and 2013 when he returned to practice at Culwulla Chambers. Ian practised at the Sydney Bar in the areas of agriculture, environment, mining, equity, commercial and complex family law property settlement and appeals. He is an arbitrator appointed pursuant to the Family Law Act, a nationally accredited mediator, an accredited mediator under the Farm Debt Mediation Act and on the panel of mediators for the Supreme and District Courts. Other positions he has held are Judge Advocate - Australian Defence Force 1992- 1997 and Commissioner, Australian Law Reform Commission January 1993- December 2003 and Adjunct Professor in the School of Law University of Western Sydney.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km