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 Recorded Webinar: All’s Fair in Love and War, except when it comes to Binding Financial Agreements

Date: Thursday 27th October 2022
Duration: Approximately 1 Hour

Fairness is an essential principle in family law, and yet when it comes to determining the validity of a binding financial agreement it seems the principle can be missing in action without implication. This session will explore the current thinking on fairness in binding financial agreements and whether the courts are finding alternatives to strike down “bad bargains”, including:

  • What does “unfairness” mean in the context of binding financial agreements?
  • Section 90G and the omission of a “fairness” requirement
  • What is the difference between an unfair arrangement and unconscionable behaviour? Thorne v Kennedy [2017] HCA 49; Saintclaire & Saintclaire [2015] FamCAFC 245; Gongsun & Paling [2020] FamCAFC 244
  • Failure to disclose as grounds for setting aside an agreement – will the new disclosure rules have a positive impact? Is failure to disclose a form of unfairness?
  • Are the courts moving to a test of unfairness under a different name?
Recorded Webinars,Family Law,Recorded Webinar: All’s Fair in Love and War, except when it comes to Binding Financial Agreements

Wendy Kayler-Thompson, Partner, Forte Family Lawyers, Melbourne

Wendy is a partner of Forte Family Lawyers and an accredited family law specialist. She has practised as a family lawyer for more than 25 years.

She is a former Chair of the Family Law Section of the Law Council of Australia, the peak body for Australian family lawyers. Her time as Chair of the Family Law Section coincided with a period of great controversy and unprecedented attention on the reform of family law and the family law system. This included the Victorian Royal Commission into family violence, the Federal Parliamentary enquiry into the family law system and family violence, the Australian Law Reform Commission’s Family Law Review and the Federal Government’s proposal to restructure the Family Court and Federal Circuit Court.

Wendy was a member of the Advisory Committee to the Australian Law Reform Commission’s Family Law Review, the most comprehensive review of family law and the family law sector in 40 years.


This webinar is suitable for lawyers practising in family law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Lawyers can claim up to 1 CPD unit/point – substantive law.  This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

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: lisa@tved.net.au

© Television Education Network Pty Ltd 2023

Product Code: WBROCT22
 Price:  $269.50 (Inclusive of GST)
© 2023 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.