Family Law Drafting Essentials in Property and Parenting Matters – a recorded half-day online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: When Near Enough Isn’t Good Enough: Accuracy in the Completion of Financial Statement

The template provided in the Family Law Act 1975 for completion by each party of their financial position is a “one size fits all”. This can lead to frustration as well as inaccurate recording of financial position. This session will provide practical guidance on how to satisfactorily represent your client’s position while at the same time meeting the obligations under the Act. It covers:

• Financial disclosure obligations and consequences of non-compliance
• Documenting the money trail – letters of advice and requests for asset information
• A journey through the Financial Statement template – key issues
• Using the template creatively – strategies for accurate financial information provision
• Getting the message across where complex financial arrangements exist
• Dealing with estimations and contingencies in income information
• Tips for managing and avoiding challenges

Session 2: Drafting Pleadings Involving Third Parties in Family Law Matters

Dealing with third parties presents particular challenges in the family law jurisdiction. This is particularly evident when drafting pleadings involving third parties, such as parents or business partners of the divorcing couple This session looks at the key issues, including;

• The jurisdiction of the Family Court over third parties – the Federal Court hegemony
• State Supreme Court – matrimonial jurisdiction and transfer
• Who can be a third party and why joined?
• Forms of relief and their impact on drafting
• Drafting the claim against the third party – essential do’s and don’ts
• Case studies in third party pleadings

Session 3: Purpose and Persuasion: Drafting Parenting Orders that Work

Drafting orders for parents who cannot reach agreement and are in a state of perpetual disagreement is a daunting task. This session will explore the issues for practitioners in achieving a workable arrangement and provide practical drafting tips, including:

• Legislative provisions relating to parenting orders and the power of the courts

• What can be in a parenting order? What should not be in a parenting order?
• What are the characteristics of a good parenting order?
• Prescribe don’t describe: drafting tips and techniques for clear, logical and practical orders
• Defining obligations – how detailed do orders need to be?
• Key questions for drafters:

• What major parental decisions need to be covered?
• Are there particular problems that need to be addressed?
• How old are the children? If teenagers, to what extent are orders necessary?
• How far can orders be future proofed?
• To what extent should orders extend to moderating behaviour and emotions?

• Case studies