Family Law: Difficult Parenting and Children’s Matters
Learn how to practically navigate the pre-action processes and forms with examples. Hear how to run a Rice vs Asplund case, what orders to seek and evidence required. Gain insight on assessing unacceptable risk for the child, touching on children with special vulnerabilities. . Finally, gain a valuable insight into how to deal with issues of relocation in parenting matters, a review of recent cases and practical tips to assist your clients. WEB2210N71Z
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Kuppy Nambiar, Principal, Nambiar Hogg Family Lawyers; Accredited Specialist in Family Law
Professional Skills
1.00pm to 2.00pm Navigating the New FCFCoA Pre Action Processes and Forms: Working the Pathways Practically
- Pre action procedures
- New practice directions: what you need to know and common mistakes
- Duty of disclosure in parenting matters in practice and implications if you fail to disclose
- Chapter 10 of the new Rules: tips and traps to be aware of
- Insights on the Court current approach
Presented by Monique Robb, Partner, Lander & Rogers; Accredited Specialist in Family Law
2.00pm to 3.00pm How to Run a Rice vs Asplund Case? Orders to Seek and Recent Approach by Family Court
Presented by Melinda Winning, Partner, Barkus Doolan Family Lawyers; Accredited Specialist in Family Law
3.00pm to 3.10pm Afternoon Tea
3.10pm to 4.15pm Assessing Unacceptable Risk
Several notable cases over the last 3 years have reviewed and refined issues around the assessment of risk, perhaps most notably Newman & Tate [2020] FamCA 1114.
- Types of risk
- Evidentiary confidence levels
- Identification of interventions
- Children with special vulnerabilities
Presented by Mark MacDiarmid, Principal, Mark MacDiarmid Family Law Specialist; Independent Children’s Lawyer
4.15pm to 5.15pm Relocation Issues in Practice: Key Issues and Recent Cases
- How far does one party have to move for it to be ‘a relocation’? Short relocation
- What should you do if a party says they are going now?
- How to run a recovery application or dealing with it practically
- Review of recent cases and practical tips to assist your clients
Presented by Robyn Druitt, Barrister, Lachlan Macquarie Chambers
Presenters
Kuppy Nambiar
Kuppy Nambiar is a founder and director of Nambiar Hogg Family Lawyers established in 2022. Having worked in a number of leading specialist Family Law firms, she has over 30 years of experience in Family Law. Kuppy attained Specialist Accreditation in Family Law in 2001. She is known for her firm but fair approach in providing practical advice with empathy, care and humour. Kuppy is committed to professional development and education. She frequently presents at conferences and seminars for other Family Lawyers, and for many years has been an instructor at Leo Cussen Centre for Law in Family Law and Ethics. Kuppy has volunteered at several community centres including Prahran Legal Service. Kuppy is regularly recognised in Doyle's Guide including as a Recommended Family Lawyer and as a Preeminent Parenting Lawyer. Kuppy is a member of the Family Law sections of the Law Institute of Victoria and the Law Council of Australia and a past member of the Family Law Advisory Committee to the Accreditation Board of the Law Institute of Victoria for Family Law, responsible for assessing and examining candidates for accreditation in Family Law.
Monique Robb
Monique is an accredited specialist in family law. Monique has acted for clients in all areas of family law, including parenting (custody) and property matters, child support, spouse maintenance and financial agreements (including pre-nuptial agreements). Monique is known for providing clients with pragmatic, commercial advice and robust representation in both negotiating and litigating a resolution to their family and relationship law concerns. Monique has worked solely in the area of family law since 2007, including as the associate to a judge in the Federal Circuit Court. As a result, she provides clear, strategic advice and representation in matters which require litigation, and, more importantly, to assist clients to avoid litigation wherever possible. In addition to her work as a solicitor, Monique has taught Family Law at the University of Notre Dame, Australia, since 2014. Monique’s family law experience includes handling disputes where one or both parties live overseas. She also has significant experience in drafting financial agreements, including drafting mirror agreements to foreign pre-nuptial agreements. Monique also acts for third parties, including corporate entities, in family law matters. Monique became an accredited specialist in family law in 2015, and additionally has completed a Master of Laws at the University of Sydney, with a focus on family law and areas of law affecting children. Her strong academic and practical expertise are applied to ensure her clients receive efficient, effective advice, particularly in areas where novel issues arise. Monique has been named as a Rising Star in family law in Doyle's Guide. She is also a member of the Family Law Section of the Law Council of Australia.
Melinda Winning
Melinda was admitted as a solicitor in 1998 and has been an Accredited Specialist in Family Law since 2003. She has exclusively practiced family law for over 21 years, including property, spouse maintenance, child support, international child abduction, complex parenting cases and proceedings involving third party creditors, including trustees in bankruptcy. Melinda has been with the firm since 2001 and became a Partner of the firm in 2011. Melinda regularly presents papers at legal conferences throughout Australia. Melinda has also been involved in a number of Appeals that have been decided by the Full Court across a wide range of areas, including parenting, child support, spouse maintenance and Pre-Nuptial Agreements. Melinda’s depth of knowledge and ability to identify with clients allows her to approach all aspects of her practice with a view to achieving the best possible outcome for clients through mediation, if possible, or litigation. Melinda is also qualified as an Arbitrator. “Doyle’s Guide to the Australian Legal Market” has ranked Melinda as the following: "Leading" Family and Divorce Lawyers in Sydney in 2018, 2019 and 2020; "Leading" Parenting & Children's Matters Lawyers for NSW in 2018, 2019 and 2020; "Leading" Family Lawyers (High-Value & Complex Property Matters) for NSW in 2020. Melinda is also a director of "Women in Law and Business", an organisation founded by her and her female partners to support women.
Mark MacDiarmid
Mark MacDiarmid has been a lawyer for over 30 years. He is an Accredited Family Law Specialist, a Family Dispute Resolution Practitioner and a registered Family Law Arbitrator. Mark is a former Director of national law firm Gadens Lawyers (where he worked in the commercial law and banking & finance sections), a former specialist family law consultant for Coleman & Greig Lawyers, and for many years was the Principal Solicitor of the Elizabeth Evatt Community Legal Centre. As a lawyer Mark's practice is currently focused on Independent Children's Lawyer appointments, and as a mediator he focuses on legally assisted property mediations. He holds degrees in Arts & Law from the University of Sydney, as well as a Post Graduate Diploma in Psychology.
Robyn Druitt
Robyn Druitt is a barrister at Lachlan Macquarie Chambers. She was admitted to the bar on 4 February 1991. Prior to this Robyn practiced as a solicitor from 1977-1991 in country New South Wales then suburban Sydney. Robyn's bar practice is now mainly in the area of Family Law, where she has a particular interest in advocacy in Family Law and sexual abuse. Robyn has extensive experience in the Children's Court (including Children of God litigation) and Common Law Claims against DOCS and NSW Department of Education (for the Crown in indigenous and non indigenous claims by wards as to abuse in care and sexually abused pupils in public schools). She was previously the President of NSW Young Lawyers (1983-1984) and a member of Family Law Committee (Law Society and Bar Association), the Legal Aid Committee (Law Society) and the Equal Opportunity Committee (Bar Association). Robyn is married with 3 children.