Family Law Conference
Gain insights and practical guidance from a stellar line-up of leading family law practitioners to ensure you’re up to date on the latest cases and strategies on everything in relation to assessing addbacks, contributions, hidden tax liabilities when dividing up the pool of assets in your property matters and financial settlements, as well as your all-important yearly case update. Stay for the afternoon and get all your ethics, professional skills, and practice management core CPD points. 233V09
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
Settling Assets, Third Parties and Hidden Tax Liabilities
Chair: Gary Yan, Partner, Coote Family Lawyers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2022
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Treatment of Assets that Have Gone: Do you Have any Addbacks?
- What are the different kinds of addback
- When are you likely to be successful
- Treatment of legal fees
- Recent decisions
Presented by Justine Clark, Principal, Tisher Liner FC Law and Eleanor Mallett, Barrister, Svenson Barristers
9.50am to 10.35am Contributions: Wholly Holistic?
- From Dickons to Jabour, where are we now?
- Special contributions: supermums and financial fat cats
- Taking into account inheritances, personal injury claims, and family gifts
- Family violence as a contribution
Presented by Dr Robin Smith, Barrister, Holmes List; Leading Family Law Junior Counsel, Doyle’s Guide 2022
10.35am to 10.50am Morning Tea
10.50am to 11.35am Third Party Claims
- Criteria for joining third parties
- When to join and when not to join
- Recent caselaw
- Costs orders
Presented by Bronia Tulloch, Barrister, Foley List
11.35am to 12.20pm Hidden Tax Liabilities: What to Watch Out For
- What can you glean from the financial statements regarding tax liabilities
- When calculating the assets, what tax liabilities do you need to include
- What tax liabilities might arise from the financial settlements
Presented by Darryn Hockley, Partner – Forensic Consulting and Michael Skinner, Partner & Head of Private Business Tax & Advisory – Melbourne, Grant Thornton
12.20pm to 1.05pm 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 Panayiota (Pat) Karnis, Barrister & Mediator, Foley’s List
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Ethics, Professional Skills, and Practice Management for Family Lawyers
Chair: Aisling Clifford, Partner, Coote Family Lawyers; Accredited Specialist in Family Law
Ethics & Professional Responsibility
2.00pm to 3.00pm Dos and Don’ts of Ethics
- Single experts: engaging, communicating with single experts
- Conflict of interest v getting to know you factors: when to act, when to decline to act
- Capacity: when to take instructions and when not to
- Instructions and advice: your obligations
Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member of the Ethics Committee of the Law Institute of Victoria
Practice Management & Business Skills
3.00pm to 4.00pm Maximising Mental Health and Well-being in Law Firms: Why, How, and Whose Responsibility is this?
- Individual v firms responsibility for wellbeing and good mental health
- The ethical responsibility of being at one’s best in the workplace
- The concept of debriefing or reflective practice as normal in law firms
Presented by
Marguerite Picard, Founder and Director, Support for Lawyers
Simon Ward, Psychologist
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm How to Run a Claim in Equity in the Family Court
- How do you assess a claim in equity
- What equitable relief is available:
- Express Trusts
- Resulting Trusts
- Constructive Trusts
- Equitable Estoppel
- What happens when you have an equitable claim in the family court
- Third Parties
- Joinder of Parties
- Pleadings
Presented by Jim Mellas, Barrister Foley’s List; Leading Family Law and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2022
Presenters
Justine Clark
Justine Clark is an experienced and formidable lawyer who has an extensive and precise understanding of family law. She is tremendously skilled in running complex family law matters in a strategic and commercially sensible manner. She has a deep and considered understanding of case law and legislation and is an expert in the appellate jurisdiction. 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 and 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. Justine is a member of the Family Law Section of the Law Council of Australia, the Law Institute of Victoria (and is a member of the LIV Family Law Accreditation Committee, and the Property and Maintenance Committee), and the LGBT Family Law Institute. Since 2017 she has been a Law Institute of Victoria, Accredited Family Law Specialist.
Eleanor Mallett
Eleanor Mallett has been a barrister since 1998. Eleanor has substantial experience and considerable passion for her work in Family Law and Children’s Law matters. She has worked in both fields in the UK and Australia and has appeared in cases involving the full range of these areas, but has particular experience in complex matters involving children. Since joining the Victorian Bar in 2013 Eleanor has accepted briefs at all stages of Family Law and Children’s Law matters. Eleanor believes strongly in a holistic approach and welcomes being involved in matters from an early stage. She is an exceptional courtroom advocate with an emphasis on thorough preparation and a passion for cross examination. She has extensive courtroom trial experience and experience in appeals. Her qualifications and experience in family dispute resolution inform her negotiation and work outside the courtroom. She also practices as an FDRP (and can issue s60I Certificates) and this has reinforced the benefits of well negotiated outcomes especially with regard to their longevity, positive effect on future co-parenting relationship and the reduced costs: financial, emotional and in time. Eleanor works hard to establish good client rapport and advise clients from an early stage of the likely challenges involved in their matter. She believes that robust advice in the early stages is beneficial to clients. Her style combines directness with warmth and compassion and a good sense of humour. Eleanor strives to assist clients with feeling heard and supported throughout the litigation process. Eleanor was appointed Senior Counsel in November 2022 and is passionate about promoting excellence in all areas of Family Law practice but with a particular focus on parenting.
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. Prior to coming to the bar, Robin was an associate at the Federal Magistrates Court and a solicitor in a boutique commercial and construction law firm, practicing in both litigious and non-litigious matters. Robin has been a sessional teaching associate at the Faculty of Law at Monash University teaching administrative law and evidence. Robin has also worked for the United Nations at a war crimes tribunal in The Hague. 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.
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.
Darryn Hockley
Darryn Hockley is a Partner in Forensic Consulting at Grant Thornton based in the Melbourne office. Darryn has more than 20 years of local and international experience, working with a diverse range of clients and their advisors. Initially practicing in taxation and accounting compliance in the mid-market he now practices exclusively in the litigation and disputes area of accounting. His areas of practice cover a wide range of commercial and business transactions and disputes across a number of industries often requiring the reconstruction and analysis of accounting records, and financial data. Darryn has been called upon as an expert and given expert testimony in a range of matrimonial matters. Areas of expertise include the valuation of businesses, companies and trusts including complex and international structures. Valuation of intellectual property, share options and executive performance rights and entitlements. Darryn is an accredited business valuer of the Institute of Chartered Accountants of Australia and New Zealand. Darryn is also a regular guest speaker for legal professional development organisations including Legal Wise and Lexis Nexis on accounting and valuation issues.
Marguerite Picard
Marguerite Picard is an Accredited Specialist Family Lawyer, Collaborative Practitioner, Mediator, Arbitrator, and former litigation lawyer. She is the co-, founder of Melbourne Collaborative Alliance, an interdisciplinary practice involving lawyers, psychologists and financial planners, established in 2009. Marguerite works exclusively in appropriate dispute resolution and agreement facilitation, primarily in collaborative practice. She is a member of the regular collaborative training team at Melbourne Collaborative Alliance, (MELCA) which has trained practitioners Australia wide, and has presented papers on the unique work and approach of MELCA in Europe, UK, USA, Canada and Australia. As a thought leader and non-litigating family lawyer, Marguerite's practice is focused on working with clients to articulate their interests, and to design processes that are most likely to achieve the best for whole families. The approach of MELCA is to intake whole families, and to provide the services that each or any family member requires to transition through separation. The practice is based on a recognition that separation is an emotional crisis with financial and legal consequences, rather than the reverse. One of the innovations (and challenges) of MELCA has been to work in fixed or agreed price, as part of its aim to provide an accessible and affordable alternative to adversarial negotiation and litigation, whilst recognising the necessity of the Courts within the family law system. Marguerite has undertaken extensive local and international training in collaborative practice, mediation, arbitration, conflict management, conflict transformation, family systems, working with high conflict personalities, design and creative & lateral thinking.
Simon Ward
SIMON WARD is an actor, psychologist and educator based in Sydney, Australia. Simon trained at the Royal Academy of Music UK in musical theatre, holds Licentiates in voice teaching (LRAM) and Musical theatre performance (LTCL), trained at the Actors Centre Australia, RADA, Estill Voice International (EMT-C), and completed four Psychology degrees at Macquarie University. He has performed and directed in the UK, in London’s West End, New York City & toured throughout Australia in musicals, plays, opera and extensively in cabaret. Simon has performed solo cabaret shows in New York City, London’s West End, Sydney & Melbourne Fringe Festivals. Simon has also worked as a Clinical Psychologist in the NSW Health Department, with Lifeline, is a member of MEAA Entertainment Wellness Committee, as a consultant psychologist for the Australian Ballet & works in private practice. He is a Fellow of the Royal Society for the Arts, an Associate Fellow of the British Psychological Society, a member of the Australian Psychological Society, a member of Equity UK and MEAA Equity Australia, and is Vice President for International Representatives for the Music Theatre Educator’s Alliance. Simon teaches voice, music theatre and psychology for performers, actors and dancers at universities in Sydney, such as NIDA and AFTT, appears on podcasts, consults with arts organisations, educational institutions, allied health bodies and government departments, and runs workshops internationally on anxiety and the voice, psychology and performing, psychology and teaching in the arts. www.simonward.info
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 35+ years’ experience. Caroline is a Past President of the Law Institute of Victoria (2011) and Honorary Life Member. Caroline has been a Board member of the LIV, LCA and has been Co-Chair of the LIV’s Collaborative Practice Section and presently holds the Family Violence Portfolio for the Institute as well as Co-Chair of the Family Violence Working Group at the LIV. 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.
Jim Mella
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.
Panayiota (Pat) Karnis
Pat Karnis came to the Bar in 2010. Prior to this, Pat worked as a solicitor in a boutique family law firm. As a lawyer, Pat’s practice covered all aspects of family law, including matters for the welfare of children and the rights and responsibilities of parents. She has experience in handling a wide range of property & financial matters, children’s issues, divorce, intervention orders, family violence and mediation. As part of her practice Pat has participated in mediation and conciliation and has established a reputation for assisting clients to reach agreement in highly conflicted circumstances and for sound strategic advice. Pat has experience in family law advocacy having appeared in property & children’s matters, recovery proceedings, relocation proceedings, divorce proceedings, appeals and has been a nationally accredited mediator for 11 years.
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