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Live Webinars

Live Webinar: Family Law CPD Compulsories

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for family lawyers for the CPD year ending 31 March 2025. Session 1: Professional Skills Hand in Hand: The Evidence Act and Family Law Proceedings The laws of evidence can be complex, and th

Date/Time

Friday 7th March 2025
Vic, NSW, ACT, Tas: 1.10pm to 4.30pm
Qld: 12.10pm to 3.30pm
SA: 12.40pm to 4pm
NT: 11.40am to 3pm
WA: 10.10am to 1.30pm

(there will be a 20 minute break between sessions 2 and 3)

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 2025.

Session 1: Professional Skills

Hand in Hand: The Evidence Act and Family Law Proceedings

The laws of evidence can be complex, and their application to family law matters can sometimes provide challenges to practitioners seeking to argue their client’s case in a detailed and personal manner. This session will examine some of the key evidentiary issues in family law and provide a best practice guide to practitioners in preparing and submitting evidence, including:

  • The application of the Evidence Act to family law disputes
  • Conflicting provisions and how they are managed
  • The rules of evidence for child-related proceedings
  • Legal professional privilege and waiver issues – revisiting Strahan
  • The use of secretly recorded evidence and the court’s discretion
  • Self-incriminating evidence in family law and the use of s128 certificates
  • Social media posts as evidence
  • Cases and examples

Session 2: Practice Management & Business Skills

Seek and Destroy: Dealing with Data, Document Destruction And Data Breaches In An Increasingly Cyber World

Up until recently, it was considered prudent for a law firm to retain a file (physically and electronically) where there was doubt as to whether it could (or should) be destroyed. This all changed with the data breach amendments to the Privacy Act and the string of high-profile data breaches that have followed in recent years including Medibank, HWLE Ebsworth, and Ticketmaster. It is clear that in this increasingly cyber-world, the retention of electronic data of itself increases risk for family lawyers. Taking a practice management perspective, this session shall:

  • Revisit legal obligations to retain information and documents and how these may be discharged safely with regard to privacy and data breach obligations - how to identify what information you have and understand what must be retained (and if so, how to do safely)
  • Discuss risk minimisation strategies for preventing data breaches, including destruction of data as part of a risk reduction strategy and role of personal data audits
  • Consider what a modern approach to document review, culling and destruction practices and procedures looks like in an increasingly electronic world for family lawyers, with ever increasing volumes of data and information
  • Provide a best practice guide to destroying physical and electronic data - how is electronic data destroyed, what methods are available, when can data still be recovered and what obligations does the firm have to verify destruction of electronic documents outsourced to IT providers
  • Examine the issue of data and document ownership with electronic files - what belongs to the firm vs the client? How do liens work when dealing with easily copied electronic documents or information? What if a client requests their file? Or a copy of the file to facilitate an urgent transaction? When might withholding data give rise to a claim?
  • Look at the steps for dealing with a data breach - what tools should family lawyers have in your arsenal, what does a best practice response look like, what are the minimum expectations and examples of more proactive/novel approaches

Session 3: Ethics

Talk To Me: How To Effectively (And Ethically) Communicate With Clients

The most effective risk management strategy for a family lawyer is having a good, trusting, working relationship with their clients. Communication is absolute key to establishing such a relationship. This session shall look at the skills involved with good client communication and how this assists to discharge the ethical obligations a lawyer has to their client and to others. Specifically, this session shall:

  • Summarise the ethical duties and obligations a lawyer has which may be breached through poor communication, including from lapses into informality
  • Look at recent case studies which have attracted criticism of the courts and regulators and workshop how improved communication practices could have prevented these
  • Consider the different reasons for communication, the level of formality required in certain situations and how to ensure all staff maintain appropriate ethical standards when communicating to court and on behalf of the firm
  • Look at the practical issues and risks associated with the use by lawyers or firm of messaging apps

Presented By

Adrian Stone
Accredited Family Law Specialist, Gold Stone Family Lawyers Melbourne, Vic
Jason Symons
Partner, Mills Oakley Sydney, NSW
Evelyn Young
Principal, Lighthouse Family Lawyers Melbourne, Vic

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 2025.

CPD Certificate

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim 3 CPD units – 1 unit each for Professional skills, Practice Management & Business Skills, and Ethics.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

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 protected]

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