Advanced Family Law Financial Property Settlements

Gain expertise in navigating complex legal issues affecting financial property settlements. Learn about implied obligations under s21 FLA & guidance on identifying & pursuing potential equitable claims. Understand the current approach to assessing contributions in short-term relationships, acting for third-parties, & FLA reforms update. Later, explore how to deal with the Trustee in Bankruptcy, the relevance & limits of accrued jurisdiction in certain cases, & an overview of BFA’s amidst a changing landscape

Tuesday, 25 June 2024
9.00am to 9.45am Section 121 of the Family Law Act and the Implied Obligation

 

Section 97 of the Family Law Act  states that the open court should hear all proceedings unless a court decides otherwise. However, upon its enactment, the Act imposed a prohibition on the publication of proceedings. Such privacy protection, together with the advent of ‘no-fault’ divorce, were intended to serve the objective of ‘divorce with dignity’, by ridding divorce of its stigma which had made it

  • Section 121 of the Act recognises a family’s right to privacy and punishes persons that publish proceedings that identify parties or witnesses involved in family law proceedings
  • Explore the practical reality of section 121 with reference to authorities, and the so called ‘Harman principle’  

Presented by Neil Jackson, Barrister, Frederick Jordan Chambers

9.45am to 10.35am Equitable Claims in Family Law: From the Interview to the Hearing

 

Receive practical guidance for effectively identifying and preparing equitable claims in your Family Law property settlements, alongside valuable insights to maximise your chances of success, with reference to recent cases.
Presented by Rhys O’Brien, Barrister, Culwulla Chambers

10.35am to 10.50am Morning Tea
11.35am to 12.20pm Acting for Third-Parties in Family Law

 

  • The parents: when can parents recover funds loaned to a party to a marriage or de facto relationship?
  • The company: disclosure, valuations, loans and other considerations
  • The subpoenaed third party: considerations when acting for a third party issued with a subpoena
  • A review of recent/key decisions
  • Tips and traps

Presented by Janine Daher, Associate Director, Sexton Family Law; Accredited Specialist in Family Law

12.20pm to 1.15pm Legislative Update on Family Law Amendment Act Reforms

 

Learn how the Reforms are being implemented in practice by the FCFCOA and how they are being interpreted in relation to Family Law financial settlements.
Presented by Melanie Rubin, Director/ Principal Lawyer, Rubin Blight Hardy; Accredited Specialist in Family Law and Elizabeth Rusiti, Barrister, Queen’s Square Chambers

Session 2: Bankruptcy, Jurisdiction and Binding Financial Agreements

Chair: Martina Storgato, Partner, Mills Oakley

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1: Reforms, s121, Equitable Claims, Short Term Relationships & Third-Party Issues

Chair: Susan Warda, Partner, Mills Oakley; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2024

10.50am to 11.35am The Assessment of Contributions During Short Relationships

 

  • The current court approach to assessing contributions in short relationships of approximately 5 years duration
  • Court approach to those matters where there are children of the relationship and where the parties have entered the relationship later in life
  • The impact of initial contributions during those short relationships
  • Recent cases

Presented by Gabriella Khoury, Partner, Pearson Emerson; Accredited Specialist in Family Law

2.00pm to 3.00pm Bankruptcy: Dealing with the Trustee in Bankruptcy and Other Procedural Issues

 

  • When to join the Trustee? Procedural issues
  • Does the non-bankrupt spouse need to negotiate alteration of property interests with the Trustee?
  • Should you wait for the Bankruptcy to be resolved?
  • Other tips and traps to be aware of

Presented by Daniela Naidenov, Associate Director, Kerrs

3.00pm to 4.00pm Accrued Jurisdiction Issues in Family Law

 

  • When is accrued jurisdiction relevant and in what types of cases?
  • What are the limits on accrued jurisdiction? When might a case otherwise be transferred out of the Family Court?
  • Cases involving equitable claims involving third parties
  • Cases involving negligence claims and damages payments

Presented by Rebecca Gilbert, Partner, Pearson Emerson; Recommended Parenting & Children’s Matters Lawyers, Doyle’s Guide 2024

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Binding Financial Agreements in a Changing World

 

  • An overview of recent decisions
  • National and international trends
  • Jurisdictional issues and challenges
  • Orders v BFA’s: advantages and disadvantages explored

Presented by Maurice Edwards, Special Counsel, Rafton Family Lawyers; Accredited Specialist in Family Law: Recommended Family Law Mediator, Doyle’s Guide 2024

Testimonials

Past testimonials from past Conference
‘One of the most interesting CPDs I have attended’.
‘Very informative from knowledgeable and experienced presenters on matters raised in a number of areas of law.’

Presenters


Martina Storgato, Partner, Mills Oakley
Martina possesses significant experience in the family law jurisdiction and related areas, with extensive qualifications and legal experience spanning 25 years in civil litigation and practice in superior courts of Australia. Martina is highly regarded for her expertise in complex financial matters, matters involving bankruptcy, corporations, trusts and overseas assets, and intricate parenting matters involving criminal law aspects, third parties, local and international child abduction matters. Martina previously was the Principal of Thornton Storgato Law Pty Ltd from 2008 to 2023. Martina has demonstrated extensive experience in mediations and case management, accelerating her experience within Alternative Dispute Resolution and negotiation frameworks by training as a Mediator and Collaborative Lawyer. As a member of the Family Law Section of the Law Council of Australia, Australian Institute of Family Law Arbitrators and Mediators and National Mediator Accreditation Scheme, Martina’s practice denotes that all issues are viewed from a balanced perspective with a focus on resolution to avoid litigation unless necessary.


Janine Daher, Associate Director, Sexton Family Law
Janine is an Accredited Specialist in Family Law and has worked exclusively in family law since joining the team at Sexton Family Law in 2013. Janine is passionate about providing clients with clear advice and strategically planning alongside clients the progress of their matter. Janine advises clients on a range of family law issues, from property matters to difficult parenting matters. Prior to joining the team at Sexton Family Law, Janine worked in the office of a Federal Member of Parliament and later managed the office of a State Member of Parliament for several years. This experience has provided Janine with interpersonal and negotiation skills that are a valuable attribute to practising in family law.


Rhys O’Brien, Barrister, Culwulla Chambers
Rhys practices in Family Law and has broad experience in all aspects of property and parenting matters. Part of his practice involves appearing in complex financial matters involving third parties, corporate structures, trusts or insolvency. He also has extensive experience in advising and appearing in matters involving family violence allegations, in both property and parenting proceedings. He regularly appears in the Sydney and Parramatta registries and is regularly briefed on the Coffs Harbour Circuit. Rhys has a Master of Laws in International Corporate and Commercial Law from King’s College London, is a registered Arbitrator for Family Law matters and loves spending time with his wife.


Susan Warda, Partner, Mills Oakley
Susan Warda is a Partner with national law firm Mills Oakley, an Accredited Specialist in Family Law, a Collaborative Lawyer, and a trained Parenting Coordinator. With extensive expertise in family law matters that involve complex financial issues, including property settlements dealing with family businesses, multiple assets, and superannuation splitting, she is highly regarded for both her knowledge and her professional approach. As an experienced mediator and trained collaborative law practitioner, Susan brings a wealth of experience working alongside other professionals to resolve clients’ disputes outside the Court system. Susan has played a pioneering role in the development of collaborative practice in Australia and is an advocate for alternative dispute resolution. As well as property and financial issues, Susan also acts for parents in a wide range of parenting disputes including Hague Convention Applications for international child abduction and complex matters concerning parenting arrangements. Susan is a fellow of the International Academy of Family Lawyers (IAFL) and her achievements have seen her named again by Best Lawyers Australia Family Law 2024 as well as a Leading Family & Divorce Lawyer Sydney and a Leading Family Lawyer High Value & Complex Property Matters in the Doyle’s 2023 Guide. An active member of the profession and the community, Susan holds Board positions with the Australian Association of Collaborative Professionals and Variety the Children’s Charity Asia Pacific.

246N21

Advanced Family Law Financial Property Settlements

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All Sessions
Tuesday, 25 June 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Tuesday, 25 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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Afternoon Session
Tuesday, 25 June 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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Venue
Cliftons - Margaret St

Level 13, 60 Margaret St, Sydney

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Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km) Parking Information

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