Examine three topical areas of evidence in Family Law including the ethical issues surrounding disclosure and the inadvertent waiver of privilege. Learn practical insights on the production of documents and subpoenas. Plus gain a clear insight into the Federal Circuit and Family Court of Australia Rules for the use of expert witnesses and their reports. A must attend program for all family lawyers.
- The Evidence Act and selecting an expert
- Applying the FCFCOA rules for expert witnesses and their reports
- Clarifying expert evidence
- Shadow reports
- Common traps & top tips
Presented by Will Stidston, Principal, Family Law, Barry Nilsson; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2023
Kay Feeney, Director, Feeney Family Law; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2023
- Dealing with electronic documents
- Objections to subpoenas and when they can be set aside
- Notices to produce and admit: tips and traps
- Use of documents produced under subpoena in related proceedings
Presented by Ella Dalrymple, Barrister, Sir Owen Dixon Chambers
With acknowledgement of presentations written by Rozeta Stoikovska SC and Sarah Fisken on Production of Documents and Subpoenas; and Daniel Kaufman on Improperly Obtained Information in the new Digital Age, both presented in October 2020
- The obligation of disclosure
- Implications for your client of a failure to provide disclosure
- A practitioner’s obligations when a client gives you documents/information
- How to deal with another party failing to provide disclosure
- Inadvertent waiver of privilege
Presented by Elizabeth Rusiti, Barrister, Queen’s Square Chambers
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Presenters
Ms. Ella Dalrymple, Barrister, Sir Owen Dixon Chambers
Ella was called to the Bar in 2020 and has developed a broad practice, appearing unled in State and Federal courts and tribunals, particularly in Family Law. Ella has appeared extensively in the Federal Circuit and Family Court of Australia on party matters as well as on instructions from the Independent Children’s Lawyer, at interim and final hearings, and dispute resolution conferences. Ella has experience in both property and parenting matters and is cognisant of the issues that arise in family law proceedings. Beyond Family Law, Ella has also appeared in the Local Court criminal cases defending charges relating to domestic violence, represented parties in Family Provisions claims, and has experience in insurance litigation. Ella accepts private and legal aid briefs and appears throughout Australia.
Ms. Elizabeth Rusiti, Barrister, Queen’s Square Chambers
Elizabeth Rusiti was a solicitor for 20 years before coming to the Bar. During the first half of her career, she worked for a mid-tier Sydney firm in commercial litigation, specialising in admiralty, shipping and international trade disputes. Subsequently, Elizabeth gained considerable experience at boutique family law firms, developing a reputation as a senior practitioner in that field, representing clients in all aspects of family law disputes. Her focus in family law matters is on assisting clients to resolve their disputes, wherever possible. After a break from legal practice, Elizabeth came to the Bar in 2020. Since coming to the Bar, as well as gaining experience in Supreme and Federal Court disputes between customers and their banks and in proceedings challenging the validity of the Covid-19 Public Health Orders, Elizabeth has developed a busy family law practice in financial and parenting matters at interim and final hearings. Elizabeth is available to assist her instructing solicitors through all stages of a family law matter.
Mr. Will Stidston, Principal, Family Law, Barry Nilsson
Will Stidston is a Principal with Barry Nilsson, Melbourne. He has more than a decade of family law experience and has practised exclusively in the area since 2010. In 2013, Will became accredited as a family law specialist by the Law Institute of Victoria. Prior to specialising in family law, Will gained experience practising in commercial litigation, commercial law, and criminal law. Will now specialises in Complex financial matters, including those encompassing corporate interests, discretionary and unit trusts, rural / farming properties, taxation issues, superannuation, and international assets; Matters involving complex legal questions, including those relating to equitable interests, contractual principles, third party issues, questions associated with jurisdiction, the establishment of de facto relationships and court proceedings commenced to set aside a court order or financial agreement; Urgent financial issues, including applications for spousal maintenance and injunctions; Difficult parenting cases encompassing relocation (both international and domestic), issues arising under the ‘Hague Abduction Convention’, parental alienation and child support; Urgent parenting issues, including Family Law Watch List and recovery applications; Asset protection and the preparation of financial agreements. Will has worked on several large multi-million-dollar financial matters involving intricate corporate structures, together with difficult parenting cases involving international relocation. He also has extensive experience with respect to matters involving family violence, including Victorian Intervention Orders. Will regularly appears in the Federal Circuit and Family Court of Australia and the Magistrates’ Court of Victoria. He also works closely with experienced family law Counsel, including King’s Counsel / Senior Counsel, when appropriate. Will was named as a Doyle's Guide Rising Star in Family Law in the 2018 and 2019 editions, and a Leading Family & Divorce Lawyer in the 2022 and 2023 editions. Will is also listed in the 2023 edition of Doyle's Guide as a Recommended Family Lawyer for high-value and complex property matters. He has also been recognised in Best Lawyers for Family Law since 2021. Will also contributes substantially to thought leadership. These contributions include as contributing author to the property and financial agreements sections of Thomson Reuters’ Encyclopaedia of the Laws of Australia. Will holds a Bachelor of Laws (Hons) and a Master of Laws from the University of Melbourne.
Ms. Kay Feeney, Director, Feeney Family Law
Kay has been an expert in family law for more than 35 years. She was admitted as a solicitor in 1985 and has been the director of Feeney Family Law since 2011. Kay is an accredited Family Law Specialist. She combines her Family Law expertise with an understanding of her clients’ issues and expectations to promote a safe, calm, and respectful rapport. She possesses a high level of legal technical competency and holds a clear tenacity of purpose. She ensures that her clients feel supported and are not vulnerable to any imbalances of power. Kay boasts extensive litigation experience with particular interest in mediation, collaboration, and arbitration. She is a Nationally Accredited Mediator and Arbitrator for family law matters and a qualified Family Dispute Resolution Practitioner. Her wisdom and experience as a mediator are highly requested. She has experience in property matters involving high value and working in complex corporate structures. She is also an expert across a range of other family matters, including parenting disputes complicated by parental deficits and special needs children. She also has vast experience as an Independent Children’s Lawyer. Kay comes recommended in the Doyle’s Guide of Leading Family & Divorce Lawyers in Brisbane for 2022. She has presented “How to limit conflict in Family Law matters” at two US conferences and presented at two European conferences “Family Lawyers & Legal Professional Privilege” and “Property Settlements & Spouse Maintenance for the Elderly”