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Tuesday 11th July 2023
Vic, NSW, ACT, QLD, Tas: 12 noon to 3.15pm
SA/NT: 11.30am to 2.55pm
WA: 10.00am to 1.15pm |
REGISTER NOW!
5 WEEKS
UNTIL THE EVENT
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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.
The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.
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Session 1: Show Me the [Interim] Money: Running Interim Spousal Maintenance Claims in FCFCOA
It is no secret that a primary goal of the new Federal Circuit and Family Court of Australia is to encourage dispute resolution and reduce the time of parties to resolve their dispute whether by settlement or following a contested trial. However, for many the new case management pathways and procedures have not resulted in more expedient resolution. This raises the question of what happens in the meantime? This session will explore how interim issues in property settlement matters ought to be managed and will discuss:
- The Court’s intention in relation to interim property settlement applications in the new system
- The difference between the intention and the reality of the new pathways and what lies ahead in the future
- Whether interim spousal maintenance claims have a role to play in the new system and how practitioners should navigate this
- Steps that practitioners could take to assist the Court reduce the number of procedural hearings required in a matter
- Practical case studies
Session 2: 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, including:
- The new contraventions list and related court procedures under the new FCFCoA and different approaches to managing such matters across registries
- The current status of the principle in Rice v Asplund and whether that principle remains good law and/or has a place in the current court practice and procedure
- How to manage ‘repeat offenders’ and how they may be dealt with by the court in the first and subsequent contravention proceedings
- Guidance and tips for practitioners when faced with this scenario
Session 3: How Late is too Late? Managing Limitation Periods and Applications to Proceed out of Time
The Family Law Act sets quite strict time limits within which separated parties must commence property settlement proceedings. But what options are available when that time limit has already passed? How late is too late? And does it matter why? This session will explore:
- The legal requirements of s.44 of the Family Law Act and the circumstances in which the court has authority to consider out of time applications
- How the law has been applied in recent cases, focusing on the facts in matters which supported a finding of hardship in favour of the applicant
- Practical tips on running and defending out of time applications in practice
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Monica Blizzard, Director & Accredited Family Law Specialist, KHQ Lawyers, Melbourne, Vic (Chair)
Jacky Campbell, Partner, Forte Family Lawyers, Melbourne, Vic
Richard Galloway, Barrister, Brisbane, Qld
Tijana Petkovic, Director, Blanchfield Nicholls, Sydney, NSW
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- It was just like being at a well run conference but in many ways better.
- This option is of great assistance to country practitioners.
- The live online conference format worked well and made the speakers more engaging than a recording.
- Our team used the boardroom. We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did. All from the comfort of our own office.
- The conference was well organised and the email links very useful.
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Delegates registered to attend the LIVE event will receive a CPD certificate for attendance. Lawyers can claim up to 3 CPD units/points (substantive law).
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If you register and pay by 16 June 2023 you will pay only $385 – a saving of $165 off the full price conference registration fee of $550.
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If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: hayley@tved.net.au |
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