Family Law: Key Issues in Financial Matters
Explore key concerns of the day in Family Law financial property settlements. Unpack the issues of evidentiary burden in seeking a Kennon Adjustment. Discuss applying the new rules in disputing valuations. Consider how to deal with the other sides non-disclosure of financial information and examine the relationship between the asset pool, add backs and s75(2)(o), including when it might work to argue this. Finally, be upskilled in how to draft watertight final property orders in your matters. WEB233V04Z
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
9.00am to 9.05am Opening Comments by the Chair
Chair: Claire O’Connor SC, Villeneuve Smith Chambers; Recommended Senior Counsel, Family Law Barrister, Doyle’s Guide 2020
9.05am to 9.50am Kennon Adjustment: It’s Just Down to the Evidence
- What is the evidentiary burden involved in running this argument?
- Australian Law Reform recommendations
- Family Court Full Court of Appeal: recent decisions
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
9.50am to 10.35am Disputing Valuations: Application of the New Rules and Recent Decisions
- Appointment of a single expert witness
- Appointing another expert
- Clarification of single expert reports
- Cross examination of a single expert
- Disputing a real estate valuation
- Disputing a business Valuation
- Other types of valuations: cars, chattels, plant and equipment
- Recent decisions
Presented by Michelle McMahon, Barrister, Culwulla Chambers
10.35am to 10.50am Morning Tea
Professional Skills
10.50am to 11.35am How to Deal with Non-disclosure in Financial Cases
- Principles and processes with respect to disclosure
- Educating the client and dealing with the errant client
- Solicitors’ duties and dealing with a ‘Dark Knight’
- Third party disclosure, subpoenas and costs consequences
- Confidentiality and disclosure when engaging ‘shadow experts’ and other professional advisors
Presented by Jim Mellas, Barrister Foley’s List; Recommended Family Law Junior Counsel and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2022
11.35am to 12.20pm When all Else Fails … What about s75(2)(o)?
- When can you argue s75(2)(o)?
- The relationship between the asset pool, add backs and s75(2)(o)
- Financial resources and s75(2)(o)
- Assessment of contributions and s75(2)(o)
- Other examples
Presented by Bronia Tulloch, Barrister, Foley’s List
Professional Skills
12.20pm to 1.05pm Drafting Watertight Final Property Orders in Family Law
- Clarity in drafting
- Default clauses
- Anticipating enforcement
- Preparation: things you need to know before drafting
- Use of third parties in the event of default
- Security: what is available and what is not
Presented by Greg Shoebridge, Barrister, Inns of Court; Recommended Leading Family Law Junior Counsel, Doyle’s Guide 2022
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Claire O’Connor SC
Claire O'Connor SC is a barrister practising in criminal, family and civil work, (predominantly personal injuries, inquiries and inquests) Aside from the usual practice of car accidents, murders, rapes and family disputes over children, assets and pets, those areas entail she is also well known for her refugee and detention centre work acting for the plaintiff in Al Kateb v Secretary dept. of Immigration in the High Court, for Cornelia Rau in relation to the Palmer Inquiry into her unlawful detention (and her subsequent rescue from Jordan where Ms Rau was detained under their mental health provisions), and in the inquest into the sinking of the SIEV 221 off the coast of Christmas Island in 2010 where she appeared for the survivors and families of the deceased. She worked on many Aboriginal justice issues including the Royal Commission into Aboriginal Deaths in Custody, the Hindmarsh Island Royal Commission, at Aboriginal Legal Rights Movement as an in-house counsel, and juniored Julian Burnside AO QC into first and so far only successful stolen generation case of Trevorrow v The State of South Australia. Claire has also acted for many asbestos victims in litigation against employers and suppliers of asbestos in particular in the successful test case in this State of Parker v BHP. She has developed a keen interest in gender equity issues in the last few years in particular and is the Law Society of SA representative on the Law Council gender committee, a member of the SA Bar Women at the Bar committee and a member of the Law Society's own gender equity working group. She was on the establishment committee some 20 years ago for the women's legal service and served for many years on its management committee. Her legal employment experience has been in private practice, the community sector and in the government sector in SA and the UK before, in 2005, she went to the bar. She was appointed a senior counsel in 2014.
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. As a solicitor, he was a member of the New South Wales Law Society Family Law Committee and the Committee of Family Law through the City of Sydney Regional Law Society. Further, he was part of the Sydney Registry of the Family Court of Australia's Duty Solicitor Scheme. He is also an accredited specialist through the Law Society of New South Wales in both family law and personal injury. In 1996 and again in 2003 he obtained a certificate through the Law Council of Australia and National Legal Aid, relating to the representation of children. Currently he practises as a barrister, exclusively in family law and de facto relationships law, at Frederick Jordan Chambers, Sydney. Neil Jackson is also a member of the Conciliators and Arbitrators Association, the Australian Association of Family Lawyers and Conciliators, and the Family Law Section of the Law Council of Australia. Further, he is currently on the Legal Aid Committee of the Bar Association of New South Wales. From 1998 until 2011 he was also an active Director on the Board of Family Planning Association (NSW). Family Planning NSW is the organisation to go to when it comes to reproductive and sexual health in NSW. They are an independent, not-for-profit organisation focused on the promotion, collection and dissemination of reproductive and sexual health knowledge and information. Currently he is a Board Director of 3 Bridges. 3 Bridges is a community based organisation which develops and provides a range of community and welfare services in the St George and Sutherland Districts. In 2002 he was appointed as an Arbitrator of the New South Wales Compensation Commission. This is a position to which he has actively held for over three years. Many of his judgments can be found on the website of the Workers Compensation Commission, at www.wcc.nsw.gov.au/decisions.asp In 2004 he was appointed a Mediator of the New South Wales Supreme Court. In 2004 he was appointed an Arbitrator of the New South Wales District Court. Since 2007 he has been a Commonwealth Government appointed Family Dispute Resolution mediator. Neil Jackson is presently an Arbitrator of the Local Court of New South Wales. He has, in recent years, regularly contributed by way of lectures and seminars in family law related issues through the New South Wales Young Lawyers Association, a branch of the Law Society of New South Wales; and the New South Wales College of Law.
Michelle McMahon
Michelle's obtained her legal qualifications in the UK and was admitted to the Supreme Court of NSW in 2007. She worked as a Senior Associate in a boutique Sydney firm, specialising in building and construction law, before being called to the Bar in 2010. Prior to her legal career, Michelle worked extensively in the field of domestic violence, managing women’s refuges’, domestic violence outreach services and children’s services. She won a funded scholarship from the Manchester Metropolitan University and obtained a M.Phil (law) for her thesis into the Police response to domestic violence, in 1995. In addition to law, Michelle holds qualifications in business management, economics and accounting. She qualified as a mediator in 2013 and in early 2019, completed a foundation course in taxation. Michelle’s qualifications, skills and experience have enabled her to develop a successful legal practice. She specialises in building and construction, family law (children and property), statutory interpretation and appellate law. Michelle appears in all Courts and Tribunals including the High Court of Australia, where she appeared in the recent landmark family law case of Masson and Parsons.
Jim Mellas
Jim Mellas is a Barrister at the Victorian Bar who has been practising for over 36 years as a Solicitor and then as a Barrister. Jim has been an accredited specialist in Family Law since 1991 and is a regular speaker at legal seminars and conferences having spoken on a range of subjects including Family Law, De facto Relationships, Equitable Estoppel, Succession Planning and Family Business. 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. He is a founding member of the Acropolis Research Group (TARG) which was formed by concerned researchers and activists in the UK, Greece and Australia who share a common interest in the repatriation of looted cultural property, with a particular focus on the Parthenon Sculptures. TARG seeks to influence decision makers, non-State actors, museums and galleries as well as the community at large through research, education, advocacy and lobbying.
Bronia Tulloch
Bronia Tulloch completed a Bachelor of Economics and a Bachelor of Laws at Monash University in 1993. She undertook articles at Maddock Lonie & Chisholm solicitors (now Maddocks) during 1995 and was admitted to practice on 6 May 1996. Since signing the Bar Roll on 19 November 1998 Bronia has practised exclusively in all areas of family law including children's matters, property, spousal maintenance, child support, de facto relationships and intervention orders. She has appeared in interim and final hearings in the Magistrates' Court, County Court, Supreme Court, Court of Appeal, Federal Magistrates' Court, Family Court, Federal Court and the Full Court of the Family Court. Most of her practice is based in Melbourne, however she regularly appears in circuit matters and interstate. In addition to appearing in court Bronia undertakes paperwork, gives advice and represents parties at mediations. Bronia spends her free time skiing and trying to play tennis.
Greg Shoebridge
Greg Shoebridge has been at the private bar in Queensland since December 2008. He practises in family and succession law. Prior to 2008, he was partner of the firm Simonidis Shoebridge Lawyers. As a solicitor, Greg practised in family law exclusively for over 14 years and was an Accredited Family Law Specialist. Greg has been the editor in chief of the journal, Current Family Law, and the family law editor of the journal "Queensland Lawyer". He holds National accreditation as a mediator and is a Family Dispute Resolution Practitioner for family law matters. Greg has been a member of the executive of the Family Law Practitioners Association of Queensland, and of both the Family Law Committee and the Alternative Dispute Resolution Committees of the Queensland Law Society. Greg has Bachelor degrees in accountancy and law, and a master’s degree in law. He has presented numerous papers at various seminars over past years and has been published in a number of journals including the Australian Family Law Journal.