Family Law Drafting Intensive: Affidavits, Orders and BFAs
At this intensive you’ll get a step-by-step guide to drafting affidavits, Orders and BFAs and what to consider in your affidavits in support of Applications. Gain a renewed understanding of effective drafting practice to apply immediately. Review key drafting principles of orders and agreements, join a workshop on applying good drafting principles and techniques to real life sample orders and an intensive on BFA’s drafting highlighting valuable tips and traps. 239V04
Description
Attend and earn 4 CPD units including:
2 units in Professional Skills
2 units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member of the Ethics Committee of the Law Institute of Victoria
9.00am to 10.00am Principles of Drafting Orders and Agreements
- Orders are made in personam
- Who is a party?
- Who is bound?
- Use of the English language
- Internal consistency within the document
Presented by Bronia Tulloch, Barrister, Foley’s List
10.00am to 11.00am Affidavits: Rules of Evidence, Privilege and What’s Needed for Different Applications
- Refresher of the rules of evidence: hearsay, opinion, relevance
- Privilege: don’t inadvertently waive LPP and don’t include confidential communications between the parties
- What you should cover when drafting affidavits in support of common types of applications:
- Parenting: division of time between parents
- Parenting: risk issues
- Property: part property settlement/litigation funding
- Property: spousal maintenance
- Property: division of assets (the four-step process)
Presented by Robyn Wheeler, Barrister, Foley’s List
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Tips and Traps Workshop: How to Apply Good Drafting Principles and Techniques to Sample Orders
This workshop style presentation will provide you with a valuable ‘how to’ guide to applying the principles of good drafting and techniques to real-life sample orders, revealing some common pitfalls in orders.
Workshop facilitators:
Justine Clark, Principal, Tisher Liner FC Law; Accredited Specialist in Family Law
Laurence Fudim, Barrister, Owen Dixon Chambers East
Bronia Tulloch, Barrister, Foley’s List
Professional Skills
12.15pm to 1.15pm Drafting Better Binding Financial Agreements: Tips, Tricks and Traps
- Tips and traps in drafting agreements: what you should and shouldn’t include in your agreements
- A guide to avoiding drafting errors and strengthening your BFA drafting
- Recent case developments
Presented by Timothy Gough, Partner, Lander & Rogers
Presenters
Caroline Counsel
Caroline Counsel is the principal of Caroline Counsel Family Lawyers: Better Families, BrighterFutures. 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.
Robyn Wheeler
Robyn is an experienced trial advocate. She is well known for her papers and presentations for the LIV and other organisations. Her practice involves complex property and children cases, appellate work and she conducts successful mediations. Prior to being called to the bar Robyn was a partner in a national firm heading the Family Law section. Robyn has a particular interest in Equitable interests and “farming cases” given her background. Robyn’s practice has taken her interstate on circuits and to a number of other registries of the Family Court and the Federal Circuit Court. In her spare time she likes nothing better than to ride a fine horse or fly down a fresh run of powdered snow.
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.
Laurence Fudim
Laurence is a Barrister and Nationally Accredited Mediator who specialises in family law and associated jurisdictions. He appears regularly in Divisions 1 and 2 of the Federal Circuit and Family Court of Australia in all stages of financial and parenting proceedings as well as in conciliation conferences, mediations and family dispute resolution conferences. Before joining the Bar, Laurence worked as a solicitor in a specialist family law firm based in Brisbane, Queensland. During this time, he represented clients in a variety of matrimonial and de facto law matters, including property settlement, spousal maintenance, parenting, child support and cases involving family violence or child abuse allegations. As a Nationally Accredited Mediator, he is also qualified to mediate family law disputes at any stage of proceedings, including pre-litigation matters. Laurence graduated with first class honours in his Bachelor of Laws degree. He also holds a Bachelor of Arts and a Graduate Diploma of Legal Practice. He read with Dan Sweeney and his senior mentor is Geoffrey Dickson KC.
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 - 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.
Timothy Gough
Tim is an accredited family law specialist and advises clients in complex commercial family law property matters. He specialises in commercially focussed negotiations and strategic litigation to ensure he obtains the best possible outcomes for his clients. When he is not in court, Tim focusses on the estate planning aspects of family law and prepares Pre-Nuptial Financial Agreements for married and de-facto couples.
Venue
Cliftons Melbourne - Southbank
Level 18/2 Southbank Blvd
Southbank
Melbourne 3006
VIC
Australia
Parking information
Parking is not included in your registration. Here are some options below.
NEAREST PARKING • Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)
Click here to view rates.
Directions
CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)
CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)
CLOSEST BUS STOPS • Casino East, 240m (3 min walk)
NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)
FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)