Recorded Webinar: Back to Basics: Getting the Financial Statement and Calderbank Offers Right in Family Law Proceedings

The importance and accuracy of the financial statement in family law proceedings cannot be overestimated, for it is on the basis of this statement that the parties seek agreement and decisions. Similarly, a “without prejudice” offer of settlement – known as a Calderbank offer – is an important device in family law proceedings to encourage parties to resolve issues in dispute (to avoid costs consequences) and avoid protracted litigation. The consequences of a badly drafted offer of settlement can be serious for your client and may also put your client at risk of a costs order if the case proceeds to Court. This session goes back to basics and provides a practical guide to complete and accurate preparation of a financial statement and Calderbank offer, including:

Financial statements:

• Doing the due diligence – questions, searches and client disclosure
• What to do if you think your client or the other party is not totally forthcoming
• Assessing the essentials, a guide to key issues including:
  • income
  • expenses
  • property ownership
  • superannuation
  • other financial resources
  • liabilities
• Drafting tips and traps

Calderbank offers:

• The key characteristics of a Calderbank offer;
• Why you should make a Calderbank offer;
• What is the legal frame-work for a Calderbank offer; and
• The costs consequences of Calderbank offers