Court Room Procedures in Family Law – 5 program video webinar series

Program 1: Drafting Water Tight Consent Orders in Family Law Matters

The coronavirus pandemic has provided many parties with the impetus to reach agreement and bypass lengthy court delays and uncertainty. However, care still needs to be taken. The session looks at the key issues in ensuring watertight consent orders, including:

• The nature of consent orders – an overview

• Understanding the importance of the ‘what if’ factor in drafting consent orders

• Essential inclusions in consent orders

• Careful and comprehensive drafting – what does this really mean?

• Drafting consent orders on property matters

• Parenting matters and consent orders

• Case study – consent order drafting check list

• Practical case studies

Program 2: The Family Law Litigation Tool Box - Strategies and Procedure in a COVID-19 Landscape

This session looks at some of the less commonly used ‘tools of the trade’ in family law litigation and how they can be utilized for maximum effect. With the courtroom landscape constantly changing due to COVID-19, it is vital practitioners are across all the available weapons on their armoury. This session covers:

• Using litigation ‘tools’ strategically – tips and tricks of the trade in a COVID-19 landscape:

  • how to effectively tender documents via video link

  • witness integrity issues when cross-examining online

  • when will a decision be open to attack due to credibility issues or lack of fair hearing?

• Notice to admit – when to use it

• Discovery in family law matters

• Using interrogatories – understanding procedural requirements

• FOI request – getting information from Medicare and other regulators

• Case study – Serving someone on Facebook

Program 3: Putting Your Best Foot Forward with Family Law Interim Hearings

Significant court delays are an unfortunate reality for family law clients, and are likely to worsen as a result of COVID-19. With parties often stuck in limbo without a resolution for years, getting the right interim decisions is now more important than ever. This session looks at how you can maximise your returns and ensure you achieve a productive outcome for your client. It covers:

• Interim orders – what can they achieve?

• What is the court looking for during interim hearings?

• Defended interim hearings – key issues to consider

• Can the parties agree on some issues?

• Tips and trips for various types of interim hearings:

  • parenting

  • property

  • other

• Navigating COVID-19 court room procedures for interim hearings

• The role of evidence at interim hearings

• Preparing interim hearing affidavits

• Appeals from interim hearings – practical and procedural issues

Program 4: Family Court Orders: Breaches and Enforcement

Breaches of Family Court orders often arise in property matters. Whether there is a reasonable excuse is often in dispute. This session looks at practical and procedural requirements in enforcing court orders including:

• Dealing with breaches of court orders – what are your options?

• Who can apply for an enforcement hearing?

• Preparing for and attending the enforcement hearing

• Standard of proof in enforcement hearings

• How to address the ‘reasonable excuse’ defense

• Is the pandemic a valid excuse?

• Financial disclosure and enforcement

• Enforcement of property orders – case studies

• What enforcement matters can be dealt with by the registrar?

• Cost issues

Program 5: Third Parties in Property Settlements: Invited Guests and Gatecrashers

Third-party involvement in property settlement matters is becoming increasingly common, with complex family financial structures leading to more litigation involving third parties such as trusts, companies and creditors. This session looks at practical and procedural issues with the joining or intervention of third parties, including:

• What is required in establishing a cause of action against a third party?

• Family Court rules on third party proceedings

• Operation of Part VIIIAND S90 AE FLA

• Joinder application – Applications to bind companies or trusts

• The company as third party – piercing the corporate veil

• Parties seeking to assert or protect interests in property

• Responding to an application – the strike out application in response

• Third party proceedings impact on property settlements

• Vesting of trusts – Court powers that impact third parties

• Cost orders on third party proceedings

• Case studies