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Recorded Webinars

Recorded Webinar: Codification of Rice v Asplund: Has the Family Law Reform Delivered or Backfired?

In family law, repeated litigation is generally discouraged for the well-being of children. Until 2024, the Rice v Asplund rule required a significant change in circumstances to reconsider final parenting orders. Although the 2024 amendments introduced section 65DAAA to codify thi
PRESENTED BY Professor Patrick Parkinson Emeritus Professor of Law - University of Queensland , Brisbane

Date/Time

About the Webinar

In family law, repeated litigation is generally discouraged for the well-being of children. Until 2024, the Rice v Asplund rule required a significant change in circumstances to reconsider final parenting orders. Although the 2024 amendments introduced section 65DAAA to codify this rule, judges have since held that it does not mandate a change of circumstances. This discrepancy could have major implications. To help practitioners understand and address this issue, this session will explore its potential impacts, including:

  • Summarise and discuss cases which have sought to apply section 65DAAA since May 2024, including Whitehill & Talaksa, Rasheem & Rasheem
  • Analyse the different ways section 65DAAA has been applied judicially since it came into effect - what aspects of the section are causing difficulty in some parts
  • Provide an update in relation to possible solutions to this issue, including legislative amendments and/or practical steps lawyers can take to advise their clients when considering or facing potential re-litigation

Presented By

Professor Patrick Parkinson
Emeritus Professor of Law, University of Queensland Brisbane, Qld

Patrick Parkinson is the Academic Dean and Head of School for the TC Beirne School of Law. Professor Parkinson is a specialist in family law, child protection, law and religion and the law of equity and trusts. His books include Australian Family Law in Context (7th ed, 2019), Tradition and Change in Australian Law (5th ed, 2013), Family Law and the Indissolubility of Parenthood (2011), The Voice of a Child in Family Law Disputes (with Judy Cashmore, 2008), Child Sexual Abuse and the Churches (2nd ed, 2003) and Principles of Equity (editor, 2nd ed., 2003). Professor Parkinson served from 2004-2007 as Chairperson of the Family Law Council, an advisory body to the federal Attorney- General, and also chaired a review of the Child Support Scheme in 2004-05 which led to the enactment of major changes to the Child Support Scheme. He was President of the International Society of Family Law from 2011-14. Professor Parkinson is also well-known for his community work concerning child protection. He has been a member of the NSW Child Protection Council, and was Chairperson of a major review of the state law concerning child protection which led to the enactment of the Children and Young Persons (Care and Protection) Act 1998. He also works with churches on child protection and religious freedom issues.

In 2018, Professor Parkinson was awarded a Doctor of Laws by the University of Sydney for his book, Family Law and the Indissolubility of Parenthood (Cambridge University Press, 2011).

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 Information

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.

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, Lisa Tran on (03) 8601 7709 or email: [email protected]

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