Drafting Family Law Affidavits and Orders: A Four-Step Review

Take a four-step look at drafting effective Affidavits and orders by considering the following:

  • Do you often question the principles and structure of your Affidavits? Are you often unsure how to apply the Rules of Evidence?
  • Are you familiar with the FCFCOA Rules on supporting Affidavits? Are you clear on what the Bench is looking for? Are you concerned about your application failing due to lack of supportive evidence?
  • Do you understand the Rules and Principles but would benefit from hearing how others apply them in practice? Would you find it valuable to listen to a panel of experienced Counsel share their views on several example affidavits?
  • Are you often concerned that the drafting of your orders is unclear and leads to undesired results? Are you interested in ensuring that your Orders achieve the desired outcome for your client?


If these questions resonate with you, attending this four-step Seminar is essential to take your drafting to the next level.

Thursday, 5 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Description

Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories

Chair

Justine Clark, Principal, Tisher Liner FC Law; Accredited Specialist in Family Law

Professional Skills
9.00am to 10.00am Step 1: How to Apply Drafting Principles, Structure and Rules of Evidence to Your Affidavits

 

  • Principles of good drafting
  • Structure and organisation
  • Exhibits including electronic documents and recordings
  • Applying the rules of evidence: relevance, hearsay, opinion, privilege
  • Expert witness affidavits
  • Tips and traps to avoid

Presented by Bronia Tulloch, Barrister, Foley’s List

Professional Skills
10.00am to 11.00am Step 2: How to Draft Affidavits in Support of Four Common Applications: What do I Need to Include?


Now let’s take four common applications and do a deep dive into the supporting affidavits, from the perspective of what the FCFCOA Rules say should be included, what the bench wants to see and recent decisions.

  • Interim property orders
  • Interim spousal maintenance
  • Final parenting: relocation
  • Threshold issues: declaration re de facto relationship

Presented by Anna Goldthorp, Barrister and Accredited Mediator, Foley’s List; Preeminent Parenting & Children’s Matters Junior Counsel; Leading Family Law Junior Counsel; and Recommended Family Law Mediator, Doyle’s Guide 2024

11.00am to 11.15am Morning Tea
Professional Skills
12.15pm to 1.15pm Step 4: How to Ensure that Your Property and Parenting Orders Are Clearly Drafted, Well Structured and Achieve the Desired Result

 

  • Clarity and structure
  • Essential matters
  • Binding and enforceable
  • Precedent parenting orders
  • Impact of recent Family Law reforms on Parenting Orders
  • Precedent property orders: interim and final

Presented by Robyn Wheeler, Barrister, Foley’s List

Professional Skills
11.15am to 12.15pm PRACTICAL SKILLS WORKSHOP: Step 3: Let’s Apply What We Have Learnt to Some Sample Affidavits


Now armed with a renewed understanding of key drafting principles, court’s expectation and common mistakes, let’s workshop by dissecting several sample affidavits.

Hear from our leading panel of skilled Counsel and take advantage of their combined wealth of knowledge, as they highlight common pitfalls with examples and gain valuable takeaway knowledge that you can apply immediately to your drafting. 

Facilitator:
Justine Clark, Principal, Tisher Liner FC Law 

Workshop Presenters
Bronia Tulloch, Barrister, Foley’s List
Harriet Geddes, Barrister, Nationally Accredited Mediator, Foley’s List; Recommended Leading Family Law Junior Counsel and Recommended Leading Parenting & Children’s Matters Barrister, Doyle’s Guide 2024
Robyn Wheeler, Barrister, Foley’s List

Presenters


Bronia Tulloch, Barrister, Foley’s List
Bronia was admitted to practice in 1996 and joined the Bar in 1998. Bronia’s areas of experience include residence and contact, contravention proceedings, child support, property (including de facto relationships), child and spousal maintenance, intervention orders, enforcement proceedings and costs disputes. She has a particular interest in relocation cases, financial matters which involve family businesses and appeals. She appears regularly in Federal Circuit Court, the Family Court and the Full Court sitting in Melbourne, on circuit and interstate. Bronia is also available for paperwork and advice in all areas of family law, including the preparation of written submissions and Notices of Appeal. Bronia is frequently briefed as a mediator and on behalf of a party in mediations and settlement negotiations.


Justine Clark, Principal, Tisher Liner FC Law
Justine Clark is an experienced lawyer who has an extensive and precise understanding of family law. She is a Principal of Tisher Liner FC Law and an Accredited Family Law Specialist. Justine’s particular areas of expertise include Complex property / high net worth matters; Property matters involving companies, trusts, SMSFs, businesses, taxation, disclosure and valuation issues; International property matters; International relocation (parenting) matters; Binding Financial Agreements and Child Support Agreements. Justine was an Associate to Justice Hugh Fraser QC of Queensland's Court of Appeal, and then Legal Associate to the Honourable Peter Young QC of the Family Court of Australia. Justine is a member of the Family Law Section of the Law Council of Australia, the Law Institute of Victoria (and the former co-chair of the LIV Family Law Accreditation Committee), the LGBT Family Law Institute and a member of Pride in Law, Victoria.


Anna Goldthorp, Barrister and Accredited Mediator, Foley’s List
Anna has worked in Family Law and associated jurisdictions since her admission to legal practice in 2002. Prior to being called to the Bar in 2008, Anna was a solicitor at Coote Family Lawyers in Melbourne. Anna was recognized by Doyle's guide to the Australian Legal Profession in 2022 in the categories of leading barrister in Parenting and Children's matters (recommended) and Leading Family Law Junior Counsel (recommended). Anna is a Nationally Accredited Family Law mediator and lectures in Family Law at Leo Cussen Institute. She is the treasurer of the Family Law Bar Association.


Harriet Geddes, Barrister, Nationally Accredited Mediator, Foley’s List


Robyn Wheeler, Barrister, Foley’s List
Robyn is an experienced trial advocate. She is well known for her papers and presentations for the LIV and other organisations. Her practice involves complex property and children cases, appellate work and she conducts successful mediations. Prior to being called to the bar Robyn was a partner in a national firm heading the Family Law section. Robyn has a particular interest in Equitable interests and “farming cases” given her background. Robyn’s practice has taken her interstate on circuits and to a number of other registries of the Family Court and the Federal Circuit Court. In her spare time she likes nothing better than to ride a fine horse or fly down a fresh run of powdered snow.

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Drafting Family Law Affidavits and Orders: A Four-Step Review

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Single Session
Thursday, 5 September 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Early Bird Discount ends 2 Aug 2024 $353.50
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here