At this intensive you’ll get a step-by-step guide to drafting affidavits, Orders and BFAs and what to consider in your affidavits in support of Applications. Gain a renewed understanding of effective drafting practice to apply immediately. Review key drafting principles of orders and agreements, join a workshop on applying good drafting principles and techniques to real life sample orders and an intensive on BFA’s drafting highlighting valuable tips and traps.
- Refresher of the rules of evidence: hearsay, opinion, relevance
- Privilege: don’t inadvertently waive LPP and don’t include confidential communications between the parties
- What you should cover when drafting affidavits in support of common types of applications:
- Parenting: division of time between parents
- Parenting: risk issues
- Property: part property settlement/litigation funding
- Property: spousal maintenance
- Property: division of assets (the four-step process)
Presented by Robyn Wheeler, Barrister, Foley’s List
- Tips and traps in drafting agreements: what you should and shouldn’t include in your agreements
- A guide to avoiding drafting errors and strengthening your BFA drafting
- Recent case developments
Presented by Timothy Gough, Partner, Lander & Rogers
This workshop style presentation will provide you with a valuable ‘how to’ guide to applying the principles of good drafting and techniques to real-life sample orders, revealing some common pitfalls in orders.
Workshop facilitators:
Justine Clark, Principal, Tisher Liner FC Law; Accredited Specialist in Family Law
Laurence Fudim, Barrister, Owen Dixon Chambers East
Bronia Tulloch, Barrister, Foley’s List
- Orders are made in personam
- Who is a party?
- Who is bound?
- Use of the English language
- Internal consistency within the document
Presented by Bronia Tulloch, Barrister, Foley’s List
Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member of the Ethics Committee of the Law Institute of Victoria
Attend and earn 4 CPD units including:
2 units in Professional Skills
2 units in Substantive Law
This program is applicable to practitioners from all States & Territories
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.
Laurence Fudim, Barrister, Owen Dixon Chambers East
Laurence is a Barrister and Nationally Accredited Mediator who specialises in family law and associated jurisdictions. He appears regularly in Divisions 1 and 2 of the Federal Circuit and Family Court of Australia in all stages of financial and parenting proceedings as well as in conciliation conferences, mediations and family dispute resolution conferences. Before joining the Bar, Laurence worked as a solicitor in a specialist family law firm based in Brisbane, Queensland. During this time, he represented clients in a variety of matrimonial and de facto law matters, including property settlement, spousal maintenance, parenting, child support and cases involving family violence or child abuse allegations. As a Nationally Accredited Mediator, he is also qualified to mediate family law disputes at any stage of proceedings, including pre-litigation matters. Laurence graduated with first class honours in his Bachelor of Laws degree. He also holds a Bachelor of Arts and a Graduate Diploma of Legal Practice. He read with Dan Sweeney and his senior mentor is Geoffrey Dickson KC.
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.
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.
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.
Timothy Gough, Partner, Lander & Rogers
Tim is an accredited family law specialist and advises clients in complex commercial family law property matters. He specialises in commercially focussed negotiations and strategic litigation to ensure he obtains the best possible outcomes for his clients. When he is not in court, Tim focusses on the estate planning aspects of family law and prepares Pre-Nuptial Financial Agreements for married and de-facto couples.