Advanced Family Law Financial Property Settlements

Gain expertise in navigating complex legal issues affecting financial property settlements. Learn about implied obligations under s114 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
3.00pm to 4.00pm Section 114 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 Claire O’Connor SC, Villeneuve Smith Chambers
Paper prepared by Neil Jackson, Barrister, Frederick Jordan Chambers

9.00am to 9.45am 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
11.40am to 12.30pm 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

12.30pm 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. Presented by   Melanie Rubin, Director/Principal Lawyer, Rubin Blight Hardy; Accredited Specialist in Family Law and   Karen Shea, Barrister, Frederick Jordan Chambers; Leading Parenting & Children’s Matters Barrister and Recommended Family Law Junior Counsel   Doyle’s Guide  2024
Session 2: Bankruptcy, S114 Reforms 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: Equitable Claims, Accrued Jurisdiction, 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 11.40am 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

9.45am to 10.35am 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


Karen Shea, Barrister, Frederick Jordan Chambers
Karen specialises in family law and children’s care and protection. Prior to coming to the Bar, Karen practiced as a family law solicitor for 18 years. Karen was a Family Law Advocate at Legal Aid NSW from 2009 to 2018. She has extensive experience in appearing for parties and children’s representatives in the Federal Circuit & Family Court of Australia, the Children’s Court and District Court. She also has experience in adoption proceedings and complex matters involving children in the parens patriae jurisdiction of the Supreme Court. In addition to her practice, Karen co-teaches Family Law Advocacy & Practice and Children & the Law at the University of NSW. Karen is named on the Doyles list of Leading Family Law Junior Counsel (NSW) 2023 and Leading Parenting & Children’s Matters Barristers (NSW) 2023.


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 Daher is an Associate Director at Sexton Family Law and an Accredited Specialist in Family Law. Janine has worked exclusively in family law since joining Sexton Family Law in 2013. Janine serves as a member of the Professional Conduct Committee of the Law Society and is also a member of the Specialist Accreditation Family Law Advisory Committee of the Law Society.


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.


Daniela Naidenov, Associate Director, Kerrs
Daniela is an Associate Director at Kerrs, specializing in personal insolvency and family law with over 19 years of experience in insolvency and litigation disputes. She brings a wealth of knowledge from her successful tenure operating her own law firm to her current role. Daniela's expertise lies in the nuanced intersection between bankruptcy and family law, as well as property matters such as partition orders for trustees Australia-wide. She is highly regarded among bankruptcy trustees for her pragmatic yet decisive approach. With a focus on representing trustees in bankruptcy, liquidators, trustees for sale, court-appointed receivers, secured creditors, and bankrupts, Daniela is known for her ability to efficiently and cost-effectively bring closure to legal matters. She holds a New South Wales solicitor's admission and is a professional member of Australian Restructuring Insolvency & Turnaround Association (ARITA) and a member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL). Additionally, Daniela is certified as a mental health first aider by Mental Health First Aid Australia and is skilled in mediation. Outside of her legal practice, Daniela is deeply committed to mental health advocacy, serving as a speaker and ambassador for Beyondblue. This commitment translates into her legal work, where she adopts a tailored approach to address not only the technical legal aspects but also the mental health concerns of involved parties. Her multifaceted expertise and dedication to both her clients and broader community make her a highly respected professional in her field.


Claire O’Connor SC, Barrister, Villeneuve Smith Chambers
Claire O'Connor SC is a barrister practising in criminal, family and civil work, (predominantly personal injuries, inquiries and inquests). Aside from the usual practice of car accidents, murders, rapes and family disputes over children, assets and pets, and all conflicts those areas of law entail, she is also well known for her refugee and detention centre work. In particular Claire acted for the plaintiff in Al Kateb v Secretary dept. of Immigration in the High Court, for Cornelia Rau in relation to the Palmer Inquiry into her unlawful detention (and her subsequent rescue from Jordan where Ms Rau was detained under their mental health provisions), in the personal injuries case against the Cwth regarding conditions in the Baxter Detention Centre, S v Secretary, and in the inquest into the sinking of the SIEV 221 off the coast of Christmas Island in 2010. She has acted in Aboriginal justice cases including the Royal Commission into Aboriginal Deaths in Custody, the Hindmarsh Island Royal Commission, at Aboriginal Legal Rights Movement as an in-house counsel, and juniored Julian Burnside AO QC into the first, and so far only, successful stolen generation case of Trevorrow v The State of South Australia. Claire has also acted for many asbestos victims in litigation against employers and suppliers of asbestos, in particular in the successful test case in SA: Parker v BHP. She has developed a keen interest in gender equity issues in the profession the last few years in particular and is the Law Society of SA representative on the Law Council gender committee, a member of the SA Bar Women at the Bar committee and a member of the SA Law Society's own gender equity working group. She was on the establishment committee some 20 years ago for the SA women's legal service and served for many years on its management committee. Her legal employment experience has been in private practice, the community sector and in the government sector in SA and the UK. In 2005, she went to the independent bar. She was appointed a senior counsel in 2014.156S02, Claire O'Connor SC is a barrister practising in criminal, family and civil work, (predominantly personal injuries, inquiries and inquests) Aside from the usual practice of car accidents, murders, rapes and family disputes over children, assets and pets, those areas entail she is also well known for her refugee and detention centre work acting for the plaintiff in Al Kateb v Secretary dept. of Immigration in the High Court, for Cornelia Rau in relation to the Palmer Inquiry into her unlawful detention (and her subsequent rescue from Jordan where Ms Rau was detained under their mental health provisions), and in the inquest into the sinking of the SIEV 221 off the coast of Christmas Island in 2010 where she appeared for the survivors and families of the deceased. She worked on many Aboriginal justice issues including the Royal Commission into Aboriginal Deaths in Custody, the Hindmarsh Island Royal Commission, at Aboriginal Legal Rights Movement as an in-house counsel, and juniored Julian Burnside AO QC into first and so far only successful stolen generation case of Trevorrow v The State of South Australia. Claire has also acted for many asbestos victims in litigation against employers and suppliers of asbestos in particular in the successful test case in this State of Parker v BHP. She has developed a keen interest in gender equity issues in the last few years in particular and is the Law Society of SA representative on the Law Council gender committee, a member of the SA Bar Women at the Bar committee and a member of the Law Society's own gender equity working group. She was on the establishment committee some 20 years ago for the women's legal service and served for many years on its management committee. Her legal employment experience has been in private practice, the community sector and in the government sector in SA and the UK before, in 2005, she went to the bar.. She was appointed a senior counsel in 2014.

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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
$795.00
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Morning Session
Tuesday, 25 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 25 June 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

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