Family Law Conference
All you need regarding the asset pool plus your CPD compulsory units with session specifically designed for the family lawyer. Gain insights and practical guidance to ensure you’re up to date on the latest cases and strategies on enlarging the asset pool, contributions and adjustments, plus explore the difficult issues of inheritance post separation. Gain vital skills relating to interim hearings, mediation/arbitration and costs. Explore the ethical duties relating to disclosure and discovery. 223V06
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Practical Legal Ethics
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: Caroline Counsel, Principal, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am 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 and relevant legislative amendments.
Presented by Jeffrey Stanley, Barrister, Holmes List of Counsel
9.50am to 10.35am Enlarging the Asset Pool: Add Backs for Interim Distributions, Wastage and Legal Costs
- 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 arises 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 Emma Swart, Barrister, Foley’s List; Nationally Accredited Mediator, FDRP and Family Law Arbitrator
10.35am to 10.50am Morning Tea
10.50am to 11.35am Discussion on Contributions and Adjustments
- When and in what circumstances do initial contributions have particular significance?
- Assessments of contributions
- Is a holistic or global approach more or less universal?;
- When might there be an asset by asset approach?
- Should 75(2) and 90SF(3) factors retain significance in elder divorce/ post retirement?
Presented by John Spender, Principal, Kennedy Partners; Accredited Specialist in Family Law
11.35am to 12.20pm 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 Briana Kotzapavlidis, Partner, Hargreaves Family Lawyers
12.20pm to 1.05pm Interim Hearings: Expectations, Insights and Common Mistakes
The introduction of the Federal Circuit and Family Court (Family Law) Rules 2021 (Cth) and the Federal Circuit and Family Court (Division 2) (Family Law) Rules 2021 (Cth) has changed the landscape of interim hearings. Discuss the issues of:
- Considerations for approaching interim parenting and interim financial hearings
- Technical requirements and the approach of the Court to those requirements
- Costs Notices, Certificates and the Evidence Act 1995 (Cth)
Presented by Justine Clark, Principal, Tisher Liner FC Law; Accredited Specialist in Family Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Family Lawyers
Chair: Olivia Grobtuch, Principal, Kennedy Partners Lawyers
Professional Skills
2.00pm to 3.00pm Getting the Most out of Mediation and Arbitration: How to Decide Which Matter is Right for Which
- How do you decide which ADR path to explore?
- How to get the most out of your mediation and arbitration?
- Making either work for high conflict matters
- Getting the most out of your preparation and why it is so important
Presented by Martin Bartfeld AM KC, Holmes List
Practice Management & Business Skills
3.00pm to 4.00pm Costs Between Parties: Party/Party, Solicitor/Client and Indemnity under the New Rules
- Compliance with pre-action procedures and a consideration of offers and how to use them effectively in the context of the new Rules
- Has there been any change to legal principles?
- Costs disclosure and notifications
- Costs applications
- Recent cases
Presented by Barry Berger, DignityEDR, Dignity.Legal
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Duty of Disclosure and Discovery Rules Update
- Non-disclosure arguments
- The obligation of disclosure and implications of failing to make a full and frank disclosure, and how to deal with another party failing to make disclosure
- Privilege
Presented by Jim Mellas, Barrister Foley’s List
Presenters
Caroline Counsel
Caroline Counsel is the principal of Caroline Counsel Family Lawyers: Better Families, Brighter Futures. She is an Accredited Family Law Specialist, trained as a Collaborative Lawyer and Mediator & Arbitrator and Family Dispute Resolution Practitioner of some 30+ years’ experience. Caroline is a Past President of the Law Institute of Victoria (2011) and current member of the Board as well as a past Board and Executive Member of the Law Council of Australia. Caroline is a State government appointed member of the Industry Taskforce on Family Violence. She is one of the inaugural board members of the Victorian Legal Admissions Board (appointed by Victorian Attorney General June 2015) and still sits on the VLAB Board as well as the Admissions Committee.
John Spender
John joined Kennedy Partners as an Associate in 2007, and was appointed a partner in 2012. He has been practising in the area of family law since 1993, and in 2003, he obtained accreditation as a specialist family law practitioner from the Law Institute of Victoria. John has extensive experience and a high level of expertise in all areas of family law, representing clients in complex and highly contested parenting proceedings and in property disputes involving intricate corporate and trust structures, and taxation issues. John also has substantial experience in the field of international matrimonial law, including jurisdictional and forum disputes, cross-national property matters and the issues of service and obtaining evidence overseas.
Emma Swart
Emma Swart practices predominantly in family law and appears regularly in the Family Court, Federal Circuit Court and the Family Court of Western Australia. She is also a Nationally Accredited Mediator, FDRP and Family Law Arbitrator.
Justine Clark
Justine’s particular areas of expertise include complex property / high net worth matters; property matters involving companies, trusts, SMSFs, businesses, taxation, disclosure and valuation issues; international property matters; International relocation (parenting) matters; Binding Financial Agreements; Child Support Agreements. Justine's practice covers all manner of property settlements (modest to high net worth), parenting disputes, child support, financial agreements, de-facto and same-sex relationships / marriages, and advice in relation to parentage. Justine graduated from Griffith University with First Class Honours in Law and Arts (Politics) and the University Medal. Upon graduating, Justine was an Associate to Justice Hugh Fraser QC of Queensland's Court of Appeal, and then Legal Associate to the Honourable Peter Young QC of the Family Court of Australia.
Jim Mellas
Jim has been practising for over 36 years as a Solicitor and then as a Barrister. He has been an accredited specialist in Family Law since 1991 and is a regular speaker at legal seminars. He has also had a number of papers published on a range of topics and has featured in a number of educational DVDs on Family Law. Jim has been recognised as a Leading Family Law Barrister in Victoria by Doyle’s Guide. Outside of the law Jim is a commentator, activist and campaigner. Jim seeks the return of the Parthenon Sculptures to Athens.
Barry Berger
Barry Berger is a Family Law Accredited Specialist, a Mediator, Collaborative Lawyer and an AIFLAM Accredited Arbitrator. In 2021 he and Leon Berger also an Accredited Family Law Specialist and an Accredited Mediator established dignityedr and dignity.legal focussing on the out-of-court resolution of family disputes. He is one of Australia’s most experienced family lawyers and is known in the profession for giving strategic legal advice in complex family law matters, an innovator in collaborative law and alternative dispute resolution, and a champion of value-priced offerings.
Briana Kotzapavlidis
Briana Kotzapavlidis has practised family law exclusively for more than 15 years and continues to call upon her breadth of legal experience from her early years in general practice, including commercial, litigation, property and estates. She has a special interest in child support and in 2007, received an Australia Day Medallion in recognition of her outstanding professional contribution and work in the child support field. Briana has represented the Attorney-General’s Department and the Deputy Commissioner of Taxation in complex family law cases. In her current practise, Briana acts in all aspects of family law matters, including complex property and financial cases and parenting matters, including those concerning international child abduction. In 2018, Briana was named a finalist for the Special Counsel category at the Women in Law Awards and Briana is recognised as a Recommended Family Lawyer by the Doyle’s Guide.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court