Family Law Evidence: Use & Admissibility of Sensitive & Illegally Obtained Material

In today's digital world, business and personal information is readily available online. Recordings, past communications, and sensitive material can be accessed by either party. Do you know what to do if your client presents potentially illegal information for their case? This issue is common in family law. Learn how to recognise sensitive material, when to seek the court’s discretion, and how to use it, especially in cases of family violence and domestic abuse. Understand your ethical obligations in managing such material. A must-attend program for family lawyers navigating changing times. 

Wednesday, 18 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
Chair

Claire O’Connor SC, Barrister, Villeneuve Smith Chambers

3.00pm to 3.10pm Break
4.10pm to 4.15pm Break
Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility

This program is applicable to practitioners from all States & Territories

1.00pm to 2.00pm Admissibility of Sensitive Material

 

  • What material is deemed sensitive?
  • Admissibility of evidence deemed sensitive
  • Discretion
  • Discovery and Harman Obligations
  • Amendments s121 Family Law Act
  • Recent cases

Presented by Adam Cooper, Principal, Cooper Family Law; Author ”Domestic Violence”  chapter, Queensland Law Handbook

2.00pm to 3.00pm Recordings, S138 Evidence Act and Surveillance Laws

 

  • S138 of the Evidence Act and discretion
  • Applications to remove material
  • Criminal, telecommunications, and surveillance offences: comparison of Commonwealth and State legislation

Presented by Carolina Soto, Barrister, Black Chambers

3.10pm to 4.10pm Evidence of Family Violence and Other Forms of Abuse: Admissibility and Reliability

 

  • Recent cases
  • Division 12A and admissibility vs reliability of evidence
  • Challenging the expert’s evidence
  • Has the evidence been corrupted?
  • How to challenge the report and the allegations made in the report

Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Family Law Specialist; Chair of the Accredited Specialist Board Law Institute of Victoria

Ethics & Professional Responsibility
4.15pm to 5.15pm Ethical Issues: Obtaining Documents in Family Law

 

  • Legal Profession Uniform Law Australian Solicitors Conduct Rules
  • Documents obtained ‘innocently’ by your client from the family home, including:
    • Privileged documents
    • Documents to which the other spouse has an obligation to disclose
    • Documents obtained from the other spouse’s inbox and mobile phone

Presented by Daniel Kaufman, Barrister, Holmes List Barristers

Presenters


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.


Adam Cooper, Principal, Cooper Family Law
Adam Cooper is the Principal of Cooper Family Law, now in its thirteenth year of operation. Prior to that, Adam was at the private bar, before taking on a special counsel role at Barry.Nilsson Lawyers. Adam is also a regular on the conference circuit, having recently given papers on applications for leave under section 44, negotiating relocation cases, and managing clients with impaired capacity. Adam is currently advising the District Court of Mecklenburg, North Carolina about Australian superannuation splitting orders, a task not made easy by the Judge’s comments suggesting grave concerns regarding how far sunk in communism Australia had become. Some many years ago, Adam was a professional footballer, and he hopes that one day he might be a professional lawyer.


Carolina Soto, Barrister,Black Chambers
Carolina Soto has a diverse practice with a focus on criminal law (adults and children), mental health law (Mental Health Review Tribunal and Guardianship division at NCAT) and family law (as it relates to children and/or criminal matters that may effect parenting proceedings). Specialisation in domestic violence matters across the Local and District Court, as well as defending private Apprehended Domestic/Personal Violence Orders. Before being called to the Bar, Carolina was a solicitor at Legal Aid for 10 years where she represented clients in Court on a daily basis in Local, Children’s and District Courts. Prior to that, Carolina worked as a Judge’s Associate in the NSW District Court and interned at the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland. Carolina has worked as a casual academic at various universities including, Western Sydney University and the University of New England. She has appeared as a guest lecturer at the University of New South Wales and is an advocacy instructor at the College of Law.


Caroline Counsel, Managing Partner,Caroline Counsel Family Lawyers
Caroline Counsel is the principal of Caroline Counsel Family Lawyers: Better Families, Brighter Futures. She is an Accredited Family Law Specialist, trained as a Collaborative Lawyer and Mediator & Arbitrator and Family Dispute Resolution Practitioner of some 35+ years’ experience. Caroline is a Past President of the Law Institute of Victoria (2011) and Honorary Life Member. Caroline has been a Board member of the LIV, LCA and has been Co-Chair of the LIV’s Collaborative Practice Section and presently holds the Family Violence Portfolio for the Institute as well as Co-Chair of the Family Violence Working Group at the LIV. Caroline is a State government appointed member of the Industry Taskforce on Family Violence. She is one of the inaugural board members of the Victorian Legal Admissions Board (appointed by Victorian Attorney General June 2015) and still sits on the VLAB Board as well as the Admissions Committee.


Daniel Kaufman, Barrister, Holmes List Barristers
Daniel has practised exclusively in family law since his admission to practice in 2003. He takes a particular interest in complex property matters and has successfully represented clients in cases involving third parties. Daniel's areas of expertise include property matters involving large and complex asset structures and offshore assets; financial agreements including 'pre-nuptial' agreements and child support agreements; taxation aspects of property matters; the interaction of family law and estates law; children's matters, including residence/contact negotiations, child abuse cases and child abduction matters; spousal maintenance; de facto matters, including property settlement and cohabitation and separation agreements; guardianship and administration matters; family violence issues; and international children's and property cases.

WEB249N20

Family Law Evidence: Use & Admissibility of Sensitive & Illegally Obtained Material

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Single Session
Wednesday, 18 September 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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