Untying the Knot: Contemporary Challenges in Family Law Property Settlements – a recorded online conference

Session 1: Finances at the Forefront in Family Property Orders

The calculation and valuation of family assets, liabilities, contributions and financial circumstances and their subsequent division is an imprecise science and subject to many external factors which can change the equation at any time. Nevertheless, it is a task that must be undertaken with due diligence and with the best tools available, particularly in light of recent proposed reforms creating a new specific duty of disclosure in property and financial matters  This session will provide a guide to best practice in completing and drafting financial statements and information in family law matters, including:

• Key elements of financial information provision – accuracy and disclosure and how to achieve them
• Form 13 tips and traps and dealing with complex financial matters
• Managing changed circumstances post financial statement filing
• Drafting clear tables for assets, liabilities and division in settlement agreements and orders
• Effective “machinery” clauses to give effect to asset sales, transfers and division
• Adjustment clauses for tax and other liabilities
• Strategies for dealing with estimates and unknowns
• Common errors and how to avoid them
• Examples and drafting guides.

Session 2: The Assessment of Initial Contributions Over Time

The approach of the Court to the assessment of initial contributions and the weight that ought to be properly placed on initial contributions at trial has changed over time. From early arguments of erosion to later discussion of springboards – the language employed when discussing how the Court should assess initial contributions is vital, as use of an incorrect term could arguably lead the court into error. To assist practitioners, this session will explore:

• The arguments surrounding the appropriate assessment of initial contributions in property settlement matters
• The current views within the profession as to the ‘erosion’ and ‘springboard’ arguments and the preferred approach to assessing the relevance of the impact of time to initial contributions
• The scenarios in which a just and equitable outcome may arguably call for an assessment of initial contributions that merits ‘special’ recognition

Session 3: Property Settlements in the Shadow of Family Violence: Unveiling the New Reforms

The Family Law Amendment Bill (No. 2) 2023 makes significant changes to the family law system, and in particular, the recognition of family violence as an important factor in property disputes. This session examines the key reforms and considers how these changes will impact property settlements, including:

• Unpacking the new Family Law Amendment Bill (No.2) 2023
• The specific aspects of the family violence that needs to be proved and how this could be achieved in a trauma informed way
• The standard of proof and how s140 or Briginshaw has been applied in recent years
• The role judicial notice could play in family violence matters compared with expert evidence required, and if so from whom, about what and when to obtain
• Case update