Family Law: Evidence and Advocacy Fundamentals
Issues covered include: Social Media, Evidence, disclosure, discovery, Property Valuation: Expert Evidence, Drafting Affidavits and Practical Advocacy.
Description
The number of evidence, property and client issues that can arise in any given family law matter are innumerable. It’s essential that you can not only identify those issues early on before it’s too late, but also that you can handle them expertly, effectively and efficiently. Our panel of family law specialists will give you the information needed to identify these critical issues and the knowledge and skills to handle them successfully.
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This seminar was recorded in VIC on 28 March 2019
Chair: Olivia Grobtuch, Principal, Kennedy Partners; Accredited Specialist in Family Law
9.00am to 10.00am: Social Media, Evidence and Family Law
- What is out there that family lawyers and clients are not thinking about for potential disclosure or use in litigation?
- Disclosure: How much? How do you get it into disclosure?
- Use of notices to admit
- Admissibility issues
- Unlawfully obtained evidence issues
- Fake news: Can social media be manipulated or tampered with?
- Is it really worth it? What weight should we put on what people say on social media or online?
Presented by Will Stidston, Special Counsel, Barry Nilsson Lawyers; Accredited Specialist in Family Law
Professional Skills
10.00am to 11.00am: Discovery in Family Law
- Parenting proceedings: disclosure (rules, case law)
- Financial proceedings: disclosure (rules, case law)
- Companies, trusts, partnerships, deceased estate: how to obtain documents and alternative remedies
- Limiting disclosure: jurisdiction, financial agreements, valuations/experts
- Third parties: disclosure and subpoenas
- Litigation tools: notices to produce, anton pillar orders, state court litigation
Presented by Kylie Sanders, Senior Associate; Accredited Specialist in Family Law and Kristy Fuge, Senior Associate; Accredited Specialist in Family Law, Taussig Cherrie Fildes Family Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Property Valuation: Expert Evidence
- Understand the valuation process leading to the expert’s opinion
- Correlate International valuation standards to family law Court guidelines
- Identify critical issues such as conflict of interest, competency and independence of an expert
- How to read, understand and analyse an expert’s report
- Understand importance of client disclosures, third party reports and limitations of an expert report
Presented by Hemal Ganatra, Director, Accord Appraisals
Professional Skills
12.15pm to 1.15pm: Drafting Affidavits and Practical Advocacy in Family Law Matters
- Fundamental considerations: Tell the whole story? Evidence about the issues in dispute?
- To what use is the evidence being put – interlocutory or final hearing?
- Admissibility: form, hearsay, relevance (to the issues in your application), conclusion, opinion
- Learn how to develop your skill at preparation and argument
- Navigating your way through the system
- Client needs and expectations
Presented by Gerard Holmes, Barrister, Holmes List of Counsel