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. 

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. However, Adam is more commonly known for his ‘almost’ professional football career, and he continues to support our local football club as a proud sponsor of the Morningside Panthers. Prior to the beginning of Cooper Family Law, Adam was at the private bar, before taking on a special counsel role at Barry.Nilsson Lawyers. Adam also completed social science qualifications, which he believes has benefitted his practice in Family Law. Aside from Adam’s near successful law career, he enjoys travelling, and experiencing different foods, cultures and wines. 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 has advised 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.


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.


Michelle Meares, Barrister, 2 Selborne Chambers
Michelle accepts briefs in equity and property, commercial law (building and construction), insurance disputes and family law. Michelle has extensive civil litigation experience and has appeared in the Supreme Court, Federal Circuit and Family Court of Australia, District Court and various tribunals. Michelle has successfully represented clients in claims for historic institutional abuse, medical negligence, motor accident, workers compensation and other personal injury claims. In addition, she has worked on family provision claims, challenges to testamentary capacity and breach of executor duties claims. Prior to being called to the Bar in 2023, Michelle was the owner and principal lawyer of Central Coast firm Meares Law, practicing primarily in family law and plaintiff litigation. Michelle has significant experience in complex parenting and property matters including valuation issues, company and trust structures, bankruptcy, superannuation including Australian and international pensions and appellate work. She frequently appears in parenting matters involving complex mental health and family violence issues. Michelle was formerly a member of the NSW Council for Law Reporting and the Legal Aid Review Committee. Michelle is a skilled negotiator who achieves the best outcomes and results. Michelle is a member of the NSW Bar Association’s Media and Information Law and Technology Committee.