Live Webinar: 3 CPD Compulsory Topic programs for Family Lawyers
Live Webinar: 3 CPD Compulsory Topic programs for Family Lawyers
Date:Tuesday 28th February 2023
Vic, NSW, ACT, Tas: 2pm to 5.10pm
Qld: 1pm to 4.10pm
SA: 1.30pm to 4.40pm
NT: 12.30pm to 3.40pm
WA: 11am to 2.10pm
ABOUT THE WEBINAR
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for family lawyers for the CPD year ending 31 March 2023.
Session 1: Practice Management & Business Skills
Handling Volatile Clients in Family Law
In an area of law that is already heightened with emotion, family lawyers can often be faced with difficult clients: they may be excessively needy, overly aggressive, or a combination of both. This session provides best practice strategies in managing difficult clients, including:
The written agreement on client practitioner interaction
Maintaining a professional relationship with the client
Some red flags to watch – recognizing the manipulative, needy client
Managing toxic or aggressive behaviour
Key management strategies:
Managing communication and response expectations
Explain difference between urgent and non-urgent
Setting a precedent to reinforce boundaries
Being selective on clients
Managing client expectation where client exhibits excessive list of wants
Knowing when to ‘pull the plug’ on the client
Session 2: Ethics
Negotiations and Determining When to Settle: Walking the Ethical Tightrope
All may be fair in love and war, but when do negotiation tactics cross the line into an ethical breach? This session looks at the ethical dimensions of negotiations and entering into settlements in family law matters. It includes:
Understanding the ethics of adversarial practice and their impact on settlement
Ethical guidelines for entering settlement negotiations
Should we view settlement negotiations as a game? - the ethics consequences
Some ethics issues in settlement negotiations::
When silence is a problem
Use of false material
Obligation of disclosure
Ethics issues in the settlement of complex litigation
Is there an ethics issue in refusing to settle?
Session 3: Professional Skills
For Richer and Poorer: Drafting Watertight Property Consent Orders
There are many advantages to settling disputes through consent orders, but there are also many potential pitfalls in drafting them. This session takes a deep-dive into the preparation and drafting of an application for and minutes of proposed orders for property and financial matters, including:
When is a property consent order appropriate? Considerations from case law and other requirements
Guidance for completing the consent order application – due diligence, disclosure and client co-operation
Tips for setting out financial information clearly and concisely
How to get from here to there: assembling a property distribution roadmap
Essential matters for property orders and drafting advice, including:
asset identification and allocation
time limits for sale and distribution
apportionment and responsibility for liabilities
third party actions and consents
When will a court decline to make a consent order and options for redrafting and reconsideration
Cases and examples
Paul Fildes, Principal, Accredited Family Law Specialist, Taussig Cherrie Fildes Lawyers, Melbourne, Vic
Paul Fildes is an Accredited Family Law Specialist and has been practising in family law since 1983. He has been ranked as one of only nine lawyers in Australia and one of only five in Melbourne as Preeminent by Doyle's Guide in 2020 and 2021.
Paul Fildes was previously the head of Middletons’ Family Law Practice Group (now K&L Gates), which he merged with Taussig Cherrie & Associates in 2010, to become Taussig Cherrie Fildes. Taussig Cherrie Fildes is one of only seven family law firms in Australia and one of only five in Victoria ranked as "First Tier" in the Doyle's Guide to Leading Family & Divorce Law Firms 2021.
Paul specialises in large scale family law property litigation, complex Financial Agreements, de facto property cases and restructuring family property in a tax effective manner.
Barry Berger, Director, Accredited Family Law Specialist, Dignity.EDR, Melbourne, Vic
Barry Berger is a Family Law Accredited Specialist, a Mediator, Collaborative Lawyer and an AIFLAM Accredited Arbitrator.
This year together with Leon Berger, Barry established Dignity EDR - Effective Dispute Resolution and Dignity Legal, an initiative which specialises in out-of-court settlements and expert guidance in all relationship matters.
Throughout his 46 year career, Barry was the co-founder and Managing Partner of Berger Kordos Lawyers and prior to that he was the Head of the Family Law Department of Home Wilkinson Lowry which subsequently became HWLE.
Barry Berger is one of Australia’s most experienced family lawyers and is known in the profession for giving strategic legal advice in complex family law matters, an innovator in collaborative law and alternative dispute resolution, and a champion of value-priced offerings.
Mark MacDiarmid, Family Law Specialist and Mediator, Katoomba, NSW
Mark MacDiarmid is accredited as a specialist in family law by the Law Society of NSW, having become a lawyer in 1986 after graduating with degrees in Arts and Law from the University of Sydney. He is also both a registered Family Dispute Resolution Practitioner, and an Accredited Mediator under the National Meditator Accreditation System. He holds a Postgraduate Diploma of Psychology from Charles Sturt University, a Graduate Diploma in Family Dispute Resolution from the Australian Institute of Social Relations, and is a member of the NSW Legal Aid Commission’s Independent Children’s Lawyer and Mental Health Advocacy Panels. He is a member of the Law Society of NSW, the Family Law Section of the Law Council of Australia, a practitioner member of LEADR and a member of the Australian Institute of Family Law Arbitrators and Mediators.
Mark is able to provide mediation services for all types of disputes, and is accredited by the Federal Attorney General’s Department to provide compulsory Family Dispute Resolution and to issue s60I Certificates under the Family Law Act for disputes involving children. Mark is also a member of the NSW Law Society’s Mediator Panel and the NSW District Court Mediators Panel.
WHO SHOULD ATTEND?
This webinar is suitable for lawyers practising in family law - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2023.
Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim 3 CPD units – 1 unit each for Practice Management, Ethics and Professional Skills.
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: email@example.com
Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you
don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and
time with your computer and internet connection.
Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer.
The speaker delivers the session from their computer in real time.
Just like a live seminar, you can ask questions of the speaker.
You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you