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Family Law Conference: Property Matters, Skills and Ethics

Deep dive into all the essential issues for your family law property matters in one day including your core skills and ethics points. Get the all-important update of key cases and legislative reforms including harmful proceedings orders under the Family Law Amendment Act 2023 and the new Evidence Act. Unpack the current approach taken by the courts when a party dies during family law proceedings and get valuable insights on the intersection of succession law and family law. Navigate planning, documenting and identifying assets and then protecting them. Gain all your ethics and skills points though an in-depth examination of potential tax issues that might arise in your financial property settlements, gain vital skills and strategies to correctly manage clients who are victims or perpetrators of family violence and key ethical issues.

Wednesday, 19 March 2025
Session 1: Legislative & Case Update, Asset Protection, Unmeritorious Proceedings


Chair: Natalie Kam, Partner, Jackson McDonald; Accredited Specialist in Family Law; Recommended Family Law & Divorce Lawyers, Doyle’s Guide 2024

9.00am to 10.00am Recent Family Law and Property Division Cases and Legislative Reforms

 

  • Summary of some of the key decisions
  • New Evidence Act and impact on Family law matters
  • New Reforms WA Surrogacy Law: what lawyers need to know
  • Recent developments in Family violence restraining orders cases

Presented by Michael Nicholls KC, Michael Kirby Chambers and Marty Kavanagh, Principal, Kavanagh Lawyers

10.00am to 11.00am Unmeritorious, Harmful and Vexatious Proceedings

 

  • Recent recognition and identification of ‘system abusers’ as a form of abusive litigant in bench books and textbooks
  • Harmful proceedings orders legislation (as inserted by the Family Law Amendment Act 2023
  • Harmful proceedings case law in reported cases, so far
  • Vexatious proceedings orders legislation (as amended by the FLAA 2023)
  • Recent tangential judicial observations in reported cases as to professional conduct and criminal contempt

Presented by John W Fickling, Barrister, John Toohey Chambers Perth and Ground Floor Wentworth Chambers Sydney

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Death vs Family Law: What Happens If a Party Dies During Family Law Proceedings

 

  • The intersection of succession law and family law
  • Who controls the litigation?
  • What happens if there is no will?
  • Interim Administrators and urgency
  • Who controls the Family Trust and its relationship to the proceedings
  • What about the superannuation?

Presented by Morgan Solomon, Director, Solomon Hollett Lawyers; Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2024

Session 2: Ethics, Professional Skills & Practice Management for Family Lawyers


Chair: Heinrich Moser, Barrister; Preeminent Junior Counsel, Family Law Barrister, Doyle’s Guide 2024

Professional Skills
2.00pm to 3.00pm Tax for Family Lawyers: Recognising and Understanding Potential Tax Implications in Family Law Settlements

 

  • Capital gains tax implications and eligibility for rollover relief
  • Access to main residence exemption
  • Division 7A consequences upon asset transfers, loans, and debt forgiveness
  • Risks and benefits of using trusts from an income tax perspective

Presented by Gaurav Chitnis, Partner, Chartered Accountant, Tax Consulting, Perth, HLB Mann Judd

Ethics & Professional Responsibility
4.15pm to 5.15pm Current and Continuing Ethical Issues for Family Lawyers

 

  • Governing legislation, rules and guidelines
  • Specific obligations and rules considered
  • Addressing common ethical issues faced by family lawyers
  • Recent matters reviewed
  • Hypothetical scenarios with reference to rules

Presented by Vince Bradley, Partner, Klimek & Wijay Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2024

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

12.15pm to 1.15pm Protecting Assets at First Consult…How to Plan to be in the Best Position

 

  • How to plan and document and why it is important
  • Identifying ownership and control of assets within the pool
  • How to protect 3rd party gifts, loans and inheritances
  • Dealing with Trusts assets to ensure that they don’t form part of the pool

Presented by John Butler, Consultant, HopgoodGanim Lawyers

Practice Management & Business Skills
3.00pm to 4.00pm Risk Management Issue: Dealing with Coercive Control and Family Violence in Family Law Matters

 

  • Practice management tools to maximise safety and minimise harm in dealing with allegations of family violence and coercive control
  • How to identify and mitigate risk in representing victims/survivors, and alleged perpetrators
  • Strategies to avoid complicity in systems abuse and promote fair hearing and safety

Presented by Katherine Bromfield, Legal Practitioner Director, Bromfield Family Law

4.00pm to 4.15pm Afternoon Tea

Presenters

Heinrich Moser, Barrister; Preeminent Junior Counsel, Family Law Barrister
Heinrich (Henry) Moser LLM is a Barrister, Accredited Family Law Arbitrator and Nationally Accredited Mediator. He attended Law Schools at the University of Zurich and the University of Western Australia and was admitted to the Supreme Court of Western Australia and the High Court of Australia in 1995. He was a solicitor and partner at Paterson & Dowding between 1995 and 1999 and has practiced as a Barrister since 1999. Heinrich obtained Masters of Laws (UWA) and was accredited as Family Law Arbitrator in 2001 and as Mediator in 2012. He has completed the Advanced Mediation Training at Harvard Law School and has a Certificate in Design Thinking from RMIT., He practices in family and de facto law, estates and probate, family provision, equity and trusts, appeals and other general civil litigation in all Courts. Henry's publications include articles on Family Law, De Facto Law, Estates, Bankruptcy, Superannuation and Personal Injury. He has presented numerous papers and seminars on a variety of subjects. He is the author of the Chapters on Family Law and ADR, WA Law Handbook Online, Sussex Street. He has also co-authored the Section on Children in Halsbury's Laws of Australia. Outside the law, Henry is a qualified intercultural trainer and was a Member and Chair of the Board of AFS Intercultural Programs Australia.

John W Fickling, Barrister, John Toohey Chambers Perth and Ground Floor Wentworth Chambers Sydney
J.W. Fickling graduated with degrees in law and economics from the University of Melbourne before completing a masters of law in corporate and international taxation part-time, also at the University of Melbourne, whilst working full time in corporate taxation advisory at a professional services firm.  Thereafter, from 2005 through to 2009, J.W. Fickling worked in London in taxation advisory at a professional services firm, predominantly advising US and UK investment managers on cross-border institutional investor fund commitments and infrastructure and property investments across Europe and Asia, including Australia.  After returning to Australia and prior to coming to the Bar in 2013, J.W. Fickling practised as a solicitor focused on taxation advisory and taxation controversy at professional firms in Melbourne and Perth. Since coming to the bar, J.W. Fickling has also taught the Advanced Capital Gains Tax course for UWA Law School’s LLM programme.  He was named in Doyle’s Guide to Leading Tax Barristers 2021, 2022 & 2023.  J.W. Fickling has chambers in Perth at John Toohey Chambers and in Sydney at Ground Floor Wentworth Chambers.

Natalie Kam, Partner, Jackson McDonald
Natalie is the lead partner in the Jackson McDonald family law team. Natalie is an accredited family law specialist with extensive experience in family law, representing clients in family and relationship law both nationally and internationally. Natalie is experienced in complex property proceedings including financial tracing, corporate and trust structures, contested inheritances, valuation and business issues and acting on behalf of banks, liquidators, creditors and corporations. Her practice includes advice on proactive structuring to protect multigenerational businesses and wealth and sits amongst one of Western Australia’s most preeminent private wealth teams. Natalie is a recognised industry leader in dealing with complex parenting cases and child related proceedings having represented clients in Australia and overseas, including in respect of applications to relocate overseas and international child abduction and recovery. She is experienced at mediation and is a qualified collaborative lawyer. Natalie is also trained in assisting clients encountering issues such as domestic and family violence and requiring assistance to obtain Family Violence Restraining Orders. Natalie was previously a key adviser to the Attorney General’s Family Relationship Advice Line and has assisted in the preparation of a number of submissions to government in the area of family law reform. Natalie is currently the Vice President of the Family Law Practitioners’ Association of Western Australia (FLPA) and Chair of FLPA’s Law Reform Subcommittee.

Marty Kavanagh, Principal, Kavanagh Family Lawyers
Marty Kavanagh is the Principal of Kavanagh Lawyers. Marty tutored in ethics at Curtin university for several years in the early 2000s. Marty has a particular interest in Restraining orders; adoption; surrogacy; parental rights and presumptions of parentage; and family law issues relating to the LGBTIQ+ community. From 2012 to 2017 Marty wrote the WA restraining orders commentary for Thompson Reuters. In 2018, Marty was one of the lawyers who assisted GayDads WA in their legal submissions to the government's review of the Surrogacy Act 2008. In 2022 Marty was appointed to the WA Health Minister’s Expert panel on the review of the Surrogacy and Human Reproductive Technology acts. Marty is also the Honorary Consul of Ireland to Western Australia. Just to prove that life isn’t always about backing winners, Marty is a keen Fremantle Dockers fan.

Katherine Bromfield, Legal Practitioner Director, Bromfield Family Law
Katherine Bromfield is an experienced family lawyer and Director of Bromfield Family Law. Katherine represents clients in respect of parenting and financial issues arising from separation and the associated proceedings in the Family Court of Western Australia and the Federal Circuit and Family Court of Australia. Katherine has a special interest in family violence, in particular the dynamics of coercive control and systems abuse, and regularly appears in restraining order proceedings in the Magistrates Court of WA. Katherine’s practice also extends to the Protection and Care jurisdiction of the Children’s Court of WA, representing respondent parents and foster parents. Katherine completed her Articled Clerkship and found her feet as a junior lawyer at Legal Aid WA, gaining experience in both criminal law and family law, then worked at a number of different private family law firms before starting her own family law practice in 2020. Family law disputes damage families and Katherine is committed to finding alternative pathways to litigation and practical solutions which allow families to move forward. Katherine is trained in mediation and collaboration and is currently serving as Vice President of Collaborative Professionals WA.

Morgan Solomon, Director, Solomon Hollett Lawyers
Founding Director at Perth law firm Solomon Hollett Lawyers, Morgan is a well-established lawyer with many years' experience in commercial, business, wills and estates and estate litigation. Prior to opening Solomon Hollett Lawyers along with Craig Hollett in 2015, Morgan was Director at one of Western Australia's leading midsized law firm. Morgan has particular interest in Wills, Contested Estates, Contentious Probate and Administration matters and currently is the author of the Lexis Nexis practical guides on non contentious probate, administration and Wills in WA. His Will drafting is also informed by a very broad range of commercial, business and litigation law experience. In recent years Morgan has held the positions of Vice Chair and then Chairman of the prestigious Law Australasia group of leading independent law firms across Australia. A third generation West Australian lawyer, he also takes an active role in the State's cultural community having studied fine arts for four years before his studies in law. Morgan is Chair of the Perth Theatre Trust, a Founding Member of the WA Chamber of Culture and the Arts, and is also Board Member of the Prostate Cancer Foundation WA.

Michael Nicholls KC, Barrister
Michael Nicholls KC is a barrister practicing in Family Law in Western Australia. As well as dealing with domestic property settlement and children's cases, he has a considerable practice in international family law, and deals with cases about international child abduction, relocation, adoption and surrogacy arrangements, jurisdiction and forum disputes and cases about the validity of marriages and divorces, as well as recognition and enforcement of foreign orders. Called to the Bar in London 1975, Michael has had a varied legal career, including being responsible for the Child Abduction Unit in the UK, a consultant to the Council of Europe on children’s matters and a visiting lecturer at the Academy of European Law in Trier. He often writes books and articles about international family law.

Gaurav Chitnis, Partner, Chartered Accountant, Tax Consulting, Perth, HLB Mann Judd
Gaurav Chitnis joined HLB Mann Judd Perth in July 2023 as a Partner within the firm’s Tax Consulting division, bringing with him a wealth of experience and expertise in the field of taxation. With over 17 years of experience as a tax adviser in the SME sector, Gaurav has established himself as a trusted and highly sought-after professional in his field. Before joining HLB Mann Judd, Gaurav was a Tax Principal at a well-known taxation consultancy practice in Perth. As a Chartered Accountant, Chartered Tax Adviser, and lawyer admitted to the Supreme Court of Western Australia, Gaurav possesses a unique blend of qualifications that enable him to provide comprehensive and valuable advice to his clients.

Vince Bradley, Partner, Klimek & Wijay Family Lawyers
Vince Bradley is a highly respected Partner with over 14 years of dedicated experience in family law and earned his accreditation as a Family Law Specialist in 2019. Vince specialises in complex property matters and high-net-worth clients, often representing third parties. He also has extensive experience and a strong interest in the international dimensions of family law, including international relocation, child abduction under the Hague Convention, and cross-jurisdictional disputes.

John Butler, Consultant, HopgoodGanim Lawyers
John is a Consultant & Notary Public in our Family & Relationship Law and Estate & Succession practice at HopgoodGanim Lawyers.  With over 50 years of experience, John brings a wealth of knowledge and consistently achieves the best possible outcomes for his clients. John is experienced in Business & Estate Planning, Wills & Estates, Guardianship & Administration and Family Law.  John is an active member of his community, having served in the Australian Army Reserve for 13 years as a Commissioned Officer, is presently on the Reserve of Officers and is an active member of the Rotary Club of Matilda Bay where he leads initiatives that promote humanitarian service, good will and peace worldwide.




This seminar is part of a series

Ethics, Professional Skills & Practice Management for Family Lawyers

Wednesday, 19 March 2025

Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

Chair

Heinrich Moser, Barrister; Preeminent Junior Counsel, Family Law Barrister, Doyle’s Guide 2024

4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Current and Continuing Ethical Issues for Family Lawyers

 

  • Governing legislation, rules and guidelines
  • Specific obligations and rules considered
  • Addressing common ethical issues faced by family lawyers
  • Recent matters reviewed
  • Hypothetical scenarios with reference to rules

Presented by Vince Bradley, Partner, Klimek & Wijay Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2024

Description

Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Professional Skills
2.00pm to 3.00pm Tax for Family Lawyers: Recognising and Understanding Potential Tax Implications in Family Law Settlements

 

  • Capital gains tax implications and eligibility for rollover relief
  • Access to main residence exemption
  • Division 7A consequences upon asset transfers, loans, and debt forgiveness
  • Risks and benefits of using trusts from an income tax perspective

Presented by Gaurav Chitnis, Partner, Chartered Accountant, Tax Consulting, Perth, HLB Mann Judd

Practice Management & Business Skills
3.00pm to 4.00pm Risk Management Issue: Dealing with Coercive Control and Family Violence in Family Law Matters

 

  • Practice management tools to maximise safety and minimise harm in dealing with allegations of family violence and coercive control
  • How to identify and mitigate risk in representing victims/survivors, and alleged perpetrators
  • Strategies to avoid complicity in systems abuse and promote fair hearing and safety

Presented by Katherine Bromfield, Legal Practitioner Director, Bromfield Family Law

 

View series listing

253W05

Family Law Conference: Property Matters, Skills and Ethics

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All Sessions
Wednesday, 19 March 2025
9.00am to 5.15pm Australia/Perth
CPD Points 7
$795.00
Face to Face 20260705 20250319

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Morning Session
Wednesday, 19 March 2025
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
Face to Face 20260705 20250319

On Demand

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On Demand

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Afternoon Session
Wednesday, 19 March 2025
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
Face to Face 20260705 20250319

On Demand

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Register
Online 20260705 20250319

On Demand

Register
Register
On Demand 20260705 20250319

On Demand

Register
Register
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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

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Gain key insights into family law property matters with a focus on recent cases, legislative reforms, and asset protection strategies. Learn how to address potential tax issues in settlements, manage family violence cases, and explore the intersection of succession law and family law. 

, timezone=Australia/Perth, hs_object_id=22706199416, event_name=Ethics, Professional Skills & Practice Management for Family Lawyers, id=22706199416}]
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