10 Point Family Law Masterclass e-book

Challenging Property Settlements

• Session 1:  From Erosion to Springboards: 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.
• Session 2:  Defences to Equitable Claims in Family Property Disputes: Time for the Strategy - in a post Thorne v Kennedy landscape, equity can often be seen by an aggrieved party as a way in which to ensure ‘fairness’ prevails in property settlement matters. The equitable doctrine has underpinned property settlement matters and can be pivotal to the alteration of property interests in family law. This session focuses on what happens when the other side is seeking an equitable claim in a family law property settlement. What defences are available and how are these best run?
• Session 3:  When the Price is not Right: Managing Valuation Issues in a Volatile Market - the stress of family law property settlement litigation can bring out the worst in parties at the best of times, let alone when the economic climate is uncertain. This often leads to disputes about the value of assets and how declining value should be treated by the courts and addressed in final property settlement orders.

Parenting Changes and Courtroom Procedures

• Session 4:  Saying Goodbye to ‘Shared Parental Responsibility’: Are Better Days Ahead? - the Family Law Amendment Bill 2023 introduces sweeping changes to the way in which parenting matters are determined by the Court. This practical session explores the key changes and how they will impact future parenting matters.
• Session 5:  I fought the law and….I won?: Contravention applications in the FCFCOA - the enforcement of parenting orders has always been problematic in family law. Despite the rule in Rice v Asplund, it is common for contravention proceedings to be treated by some parties as an attempt to relitigate and there is a perception that this trend has increased following, and may be facilitated by, the new approach to contraventions in the FCFCOA. This session will take a deeper dive into these issues.
• Session 6:  Managing and Responding to Defective Applications in Family Law Proceedings - the management and response to defective applications in family law proceedings can present significant challenges for family lawyers. Such applications can be time-consuming, expensive, and can cause unnecessary delays in the court process. At the same time, the consequences of failing to respond appropriately to defective applications can be severe, leading to adverse outcomes for clients. This practical session outlines how practitioners can maximise the benefits from the extensive range of tools and mechanisms available in family law when they are served with a defective or incomplete application.