Evidence in Family Law Proceedings: Contemporary Challenges in Practice – a recorded online conference

Session 1: Online Evidence in Family Law – What’s In, What’s Out

In our increasingly digital age, it comes as no surprise that parties in both parenting and property matters are seeking to rely on online evidence. However, when is online evidence admissible, and most importantly, how do you formulate submissions to the Court that it is? This session considers evidence on websites, social media, and the cloud that your client argues is critical to their case.

• When is online evidence considered evidence in parenting matters?
• The role of social media and parenting matters
• Do lawyers have an obligation to conduct online searches for relevant evidence?
• What weight will the court give online evidence? 
• What should you be telling your clients regarding social media usage?
• The role of the hearsay rule and online evidence
• When is online evidence considered evidence in property matters?
• How do you submit website material and other online evidence to the Court? Examining the procedural requirements
• The “Cloud” unpacked, a practical look at where your evidence may be stored, how it is provided to the Court, and its relevance to property matters
• Case law update on the role of online evidence

Session 2: Proving (and Disproving) Family Violence in Family Law

One of the challenges faced by family lawyers is how to prove (or disprove) family violence in either parenting or property proceedings. With recent amendments in this space, it has never been more important for family lawyers to be across the key evidentiary issues. This session explores:

• Unpacking the key legislative reforms involving the relevance of family violence in family law proceedings
• How family violence tends to be relevant in either parenting or property settlement proceedings
• The specific aspects of the family violence that needs to be proved (and how this could be achieved in a trauma informed way)
• The standard of proof and how s140 or Briginshaw has been applied in recent years
• The role judicial notice could play in family violence matters compared with expert evidence required (and if so from whom, about what and when to obtain)

Session 3: Covert Recordings by Parents: Do Two Wrongs Make a Right?

As we move into a faster, technology-driven age, the act of recording audio and video on one’s smartphone can be second nature to many. This practice is becoming more and more prevalent in a society which relies on such recordings as proof or evidence another’s bad behaviour. But can this evidence be used in Court and for what purpose? This session examines the role of recordings in parenting matters and considers:

• What laws govern filming or recording a conversation without the knowledge or permission of the other person?
• Are there criminal penalties?
• When is an improperly obtained recording admissible as evidence in Family Court proceedings?
• What are the Court’s key considerations?
• Probative value versus prejudicial effect to the other party
• Case law update