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103383
Individual Podcasts

The Impact of Family Violence in Property Settlements

Is it rare these days to run a Kennon argument. The evidence required coupled with the further trauma experienced by the victim-survivor giving that evidence does not usually outweigh the minimal adjustment which may be ordered if the Court accepted a Kennon argument. However, rec

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About the Podcast

Is it rare these days to run a Kennon argument. The evidence required coupled with the further trauma experienced by the victim-survivor giving that evidence does not usually outweigh the minimal adjustment which may be ordered if the Court accepted a Kennon argument. However, recent legislative change may make Kennon arguments more relevant than ever. This session examines the current and future landscape, including:

  • Understanding the proposed reforms contained in draft Family Law Amendment Bill (No. 2) 2023
  • What is required to successfully run a Kennon argument and practical issues practitioners and clients face when attempting to run Kennon arguments
  • When allegations of violent or abusive conduct don't meet the Kennon test – what are the pros and cons of including them in affidavit evidence – fault by the back door?
  • Acting for the alleged perpetrator – what can you do
  • What are the cases over the last few years telling us about the Kennon claim – are there any trends
  • Legal remedies which may exist outside the Family Law Act, including tortious claim for damages, and how such claims may affect and be dealt with as part of a family law property settlement

Presented By

Paul Fildes
Principal, 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.

He also has a special interest in international relocation cases, and cross-border disputes involving the adjustment and treatment of assets located internationally, including Europe, the United Kingdom and the United States of America.

Paul is a presenter of Case Watch on the TEN The Education Network which produces educational presentations and material for lawyers. He has published numerous papers and comments on current family law issues. Paul also regularly presents at seminars on behalf of various professional bodies on a wide variety of family law topics, with an emphasis on complex financial matters.

CPD Information

0.5 CPD units

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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