Procedural Courtroom Challenges in Family Law - a Live Online Conference
conference
Wednesday 2nd May 2018

LIVE online from:
Vic, NSW, ACT, Tax, Qld – 1.30 to 5pm
SA, NT1.00 to 4.30pm
WA 11.30am to 3pm

REGISTER NOW!
-226 DAYS
UNTIL THE EVENT
.   .
 ABOUT THE ONLINE CONFERENCE

You can put your staff in the boardroom and watch it there.  You can watch it on your computer or on your portable electronic device.  All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairman, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

We look forward to welcoming you - from all States and territories of Australia!


Session 1:  Caught on Camera: The Admissibility of Audio and Video Recordings in Family Law Matters

With the ubiquitous use of smartphones and other technology, it seems everything can be captured on camera these days. Clients will often present you with recordings of their former spouse or children which they claim will help their case. But, what are the limits with using this type of evidence in family law proceedings? This session provides the answers, including:

  • When is a recording lawful or unlawful? A look at Commonwealth and State-based surveillance laws
  • Possible criminal sanctions that may apply
  • The Court’s discretion under s.138 of the Evidence Act to include improperly or illegally obtained evidence
  • What factors does the Court look at when deciding whether or not secret recordings will form part of the evidence?
  • Scrutiny and weight of evidence once admitted
  • How can the recordings potentially backfire on the person making them – understanding the risks
  • Matters involving family violence – a look at Janssen & Janssen [2016] FamCA 345
  • Case update


Session 2:  Section 79A - Setting Aside Property Settlement Orders

Most family law clients have one desire – certainty. Certainty gives clients the ability to move on, however, in some circumstances, it is possible to vary or set aside property orders. This session looks at the process for applying to set aside or vary an order under s 79 and when a successful application may be made.  It covers:

  • Section 79A(1)(a) – when can the court set aside agreements for duress and other circumstances – what is captured by “other circumstances”?
  • Undue influence, Thorne v Kennedy and potential application to s 79A
  • Failure to provide full disclosure – a look at Pearce & Pearce [2016] FamCAFC 14
  • When is it no longer practical for a party to comply with an order?
  • Defining “exceptional hardship”
  • What is the process for varying a property settlement?


Session 3:  Contravention and Contempt Hearings: A Guide for Family Lawyers

Before a contravention of an order or contempt of court application is brought, there are a number of evidentiary and procedural requirements that must be considered. This session looks at the circumstances in which one of these applications can be made, the quasi-criminal nature of the application, and what evidence needs to be produced.  It includes:

  • Contravention proceedings:
    • parenting matters v financial matters
    • contraventions involving a “reasonable excuse”
    • procedural requirements - what should be in the application and supporting affidavit?
    • standard of proof required
    • cost orders and other penalties
  • Contempt proceedings – civil and criminal
    • when will the Court exercise its discretion?
    • what types of matters will involve “flagrant challenge” to the authority of the Court?
    • standard of proof and elements required
    • application and supporting affidavit requirements
    • penalties
 THE FACULTY

Craig Henderson, Partner, lander & Rogers Lawyers, Melbourne (Chairman)

Belle Lane, Barrister, Victorian Bar, Melbourne

Alison Burt, Barrister, Victorian Bar, Melbourne

Jacky Campbell, Partner, Forte Family Lawyers, Melbourne

Adam Cooper, Principal, Cooper Family Law, Brisbane

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 CPD CERTIFICATE

Registered delegates will receive a CPD certificate for attendance at this online conference.  Lawyers can claim up to 3 CPD units/points – substantive law.

 EARLY BIRD REGISTRATION OFFER

If you register and pay by Friday 13 April 2018 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: lisa@tved.net.au
Product Code: OFLMAY18
 Price:   $550.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this conference is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.