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Live Webinars

Live Webinar: Family Law Wastage Claims: Strategy Under the New Regime

Material wastage is now expressly embedded in the statutory framework for property settlements, reshaping how courts assess dissipation of assets and shifting the way practitioners must run these arguments. What was once largely driven by case law has been reframed as a factor in

About the Webinar

Material wastage is now expressly embedded in the statutory framework for property settlements, reshaping how courts assess dissipation of assets and shifting the way practitioners must run these arguments. What was once largely driven by case law has been reframed as a factor in assessing parties’ current and future circumstances — with significant strategic and evidentiary consequences. This session examines how wastage claims are being approached in practice, and when they are likely to succeed. It will cover:

  • The legislative framework for material wastage under the amended Act
  • The Kowaliw v Kowaliw principles: conduct designed to reduce assets versus reckless or negligent dealings
  • Gambling losses as wastage and the evidentiary challenges in proving dissipation
  • Add backs for wastage versus adjustments for future needs
  • The shift from contributions-based to future circumstances-based assessment of wastage
  • Recent case law application of the provisions
  • Strategic legal and commercial considerations when pursuing wastage arguments

Presented By

Will Stidston
Principal, Barry Nilsson Lawyers Melbourne, Vic.

Will Stidston is a Principal in our Melbourne office. He has more than a decade of family law experience and has practised exclusively in the area since 2010. In 2013, Will became accredited as a family law specialist by the Law Institute of Victoria.

Will specialises in:

  • Complex financial matters, including those encompassing corporate interests, discretionary and unit trusts, rural / farming properties, taxation issues, superannuation and international assets.
  • Matters involving complex legal questions, including those relating to equitable interests, contractual principles, third party issues, questions associated with jurisdiction, the establishment of de facto relationships and court proceedings commenced to set aside a court order or financial agreement.
  • Urgent financial issues, including applications for spousal maintenance and injunctions.
  • Difficult parenting cases encompassing relocation (both international and domestic), issues arising under the ‘Hague Abduction Convention’, parental alienation and child support.
  • Urgent parenting issues, including Family Law Watch List and recovery applications.
  • Asset protection and the preparation of financial agreements.

Will has worked on a number of large multi-million dollar financial matters involving intricate corporate structures, together with difficult parenting cases involving international relocation. He also has extensive experience with respect to matters involving family violence, including Victorian Intervention Orders.

Will recognises that there is no ‘one size fits all’ in family law. He tailors the approach adopted to meet the objectives of his clients in a transparent manner.

Will regularly appears in the Federal Circuit and Family Court of Australia and the Magistrates’ Court of Victoria. He also works closely with experienced family law Counsel, including Queen’s Counsel / Senior Counsel, when appropriate.

Will was named as a Doyle's Guide Rising Star in Family Law in the 2018 and 2019 editions, and a Leading Family & Divorce Lawyer in the 2022 and 2023 editions. Will is also listed in the 2023 edition of Doyle's Guide as a Recommended Family Lawyer for high-value and complex property matters. He has also been recognised in Best Lawyers for Family Law since 2021.

Will also contributes substantially to thought leadership. These contributions include as contributing author to the property and financial agreements sections of Thomson Reuters’ Encyclopaedia of the Laws of Australia.

Will holds a Bachelor of Laws (Hons) and a Master of Laws from the University of Melbourne.

Who Should Attend?

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.

CPD Certificate

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. 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.

 

OPTIONAL ONLINE QUIZ

 

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

 

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.

 

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, Jason Hooker on (03) 8601 7709 or email: [email protected]

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