New Coercive Control Legislation in NSW

Family violence matters and their implications are increasing. Examine the new Coercive Control Legislation and effective strategies for clients facing charges under new legislation. Gain insights directly from the Bench regarding the changing landscape of AVOs.  Navigate evolving bail and sentencing issues while managing client expectations. Explore the intersection of Family and Criminal Law and the significance of future risk assessment in relation to family violence. This session is a jam-packed 3-hour event that you won't want to miss given the current violence crisis.

Wednesday, 4 September 2024
Description

Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation

2:00pm to 2.15pm VIEW FROM THE BENCH: Navigating Lapsing AVOs in Cases without Formal Charges

Presented by Her Honour Magistrate Jenny Atkinson, Local Court of New South Wales

3.00pm to 4.00pm Sentencing and Bail Applications for DV Accusers: Managing Client Expectations in Light of Latest Developments

 

  • Serial family violence declarations from a criminal perspective
  • Bail applications where someone has been changed with Serious Family Violence
  • Pleas in mitigation for Family Violence Order offences
  • Where do we stand on bail?

Presented by Carolina Soto, Barrister, Black Chambers

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Myth Busting the Intersection Between Family Violence Restraining Orders and Family Law

 

  • Allegations vs findings of guilt and the impact both have in family law proceedings
  • How future risk is the indicator of unacceptable risk
  • The Right to Silence vs the compulsion to file

Presented by Samantha Lewis, Principal and Director, Lewis Family Lawyers; Accredited Specialist in Family Law

Chair

Lindsay Stankovic, Associate, Hugo Law Group

2.15pm to 3.00pm Advising Clients Charged Under the New Coercive Control Legislation

 

  • Overview of the new Coercive Control Legislation
  • Strategies for advising clients charged under this legislation
  • Understanding legal defences and mitigating factors
  • Practical guidance for navigating the legal process and supporting clients

Presented by Hayley Dean, Solicitor Advocate, Legal Aid, Accredited Specialist in Criminal Law

Presenters


Hayley Dean, Solicitor Advocate,Legal Aid
Hayley is best described as an all-rounder and is the current solicitor advocate attached to the Parramatta office of Legal Aid NSW and became an Accredited Specialist in Criminal Law in 2013. Within her current role, Hayley is appearing as counsel in sentences, trials and applications in the District Court, Coroner’s Court Inquests, the Children’s Court as well as training junior solicitors. Hayley joined Legal Aid NSW in 2008, after working for both the Commonwealth and State DPP. Hayley has worked across a large range of roles within Legal Aid including local court, committals, indictable, relief and indicatable appeals, with over a decade of instructing counsel in all sorts of matters in NSW Courts. Hayley has a keen interest in matters involving coercive control and is described as a “thought leader” on the topic, having written papers, presented CLE’s, as well as being the writer and host of the Legal Aid NSW 5-part series podcast on Coercive Control where she interviewed a range of experts across a variety of professional disciplines. The critically acclaimed Podcast Series was promoted on The Bar Association of NSW Website, the Judicial Commission Website and also by the NSW Women’s Safety Commissioner as the authority for legal professional training on the topic. Hayley has been presenting seminars and educational forums in the last 12 months on a variety of topics of interest including Coercive Control, Vicarious Trauma for Lawyers and Expert Evidence in sexual assault matters. Hayley was recently involved as an assessor for medical professionals cross examining them in their mock assessments as part of their training to become experts in sexual assault evidence. Hayley has presented seminars to a diverse range of community groups, lawyers, and medical professionals and is developing a special interest area in the of intersection of gendered violence and the legal system. In her spare time, she is a coach to the under 10’s local basketball team and a now firmly retired netball tragic.


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.


Samantha Lewis, Principal and Director, Lewis Family Lawyers
Samantha Lewis is an Accredited Specialist in Family Law. Having over 15 years of experience in the law working in complex family law matters, Samantha is able to not only provide expert advice but can advocate for her clients at an exceptional level. With a background in criminal law, clients with all issues that arise in family law matters are able to feel supported, understood and well represented. Samantha regularly attends mediations and appears in the Family Court and the Federal Circuit Court in all states in Australia (except Western Australia) and has been successful in representing her clients in the following types of cases: International and interstate relocations; International property disputes involving anti-suit injunctions; Serious family violence cases involving simultaneous criminal proceedings; High net worth property division; Parenting matters involving children with special needs; Complex property divisions involving inheritances.


Lindsay Stankovic, Associate, Hugo Law Group
Lindsay is an Associate at Hugo Law Group in Sydney, where her practice is criminal defence and related civil claims against the police. Her practice includes appearing as advocate in respect of release applications, sentencing proceedings, defended hearings, and ADVO matters in the Local Court, and instructing barristers in the District and Supreme court. Prior to practicing criminal law, Lindsay worked in commercial litigation and was a Judge’s Associate in the District Court of Queensland.


Her Honour Magistrate Jenny Atkinson, Local Court of New South Wales
Magistrate Atkinson was appointed as a magistrate in July 2010. During her time on the bench, she has sat in metropolitan and country courts including over 3.5 years at Toronto/Newcastle.   Whilst at Toronto, she was filmed sitting in court for the TV series ‘Hitting Home’ that was produced by Sarah Ferguson.  She is involved in the specialist family violence list at the Downing Centre.

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New Coercive Control Legislation in NSW

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Single Session
Wednesday, 4 September 2024
2:00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
Online 20240907 20240904

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