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Recorded Webinars
Fairness is an essential principle in family law, and yet when it comes to determining the validity of a binding financial agreement it seems the principle can be missing in action without implication. This session will explore the current thinking on fairness in binding financial

Date/Time

About the Webinar

Fairness is an essential principle in family law, and yet when it comes to determining the validity of a binding financial agreement it seems the principle can be missing in action without implication. This session will explore the current thinking on fairness in binding financial agreements and whether the courts are finding alternatives to strike down “bad bargains”, including:

  • What does “unfairness” mean in the context of binding financial agreements?
  • Section 90G and the omission of a “fairness” requirement
  • What is the difference between an unfair arrangement and unconscionable behaviour? Thorne v Kennedy [2017] HCA 49; Saintclaire Saintclaire [2015] FamCAFC 245; Gongsun Paling [2020] FamCAFC 244
  • Failure to disclose as grounds for setting aside an agreement – will the new disclosure rules have a positive impact? Is failure to disclose a form of unfairness?
  • Are the courts moving to a test of unfairness under a different name?

Presented By

Wendy Kayler-Thompson
Partner, Forte

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.

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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