Family Law Property Matters Conference

Cover all the recent developments in property and financial matters in family law in WA. Examine the implications of the Family Amendment Bill on property and arbitration matters. Gain updates on third party issues, forum non inconvenience and inappropriate forum arguments, as well as, how to deal with assets lost or disposed of prior to hearing. Plus, get your core CPD points on identifying costs since the Uniform Act, understand your ethical obligations in preparation for and attendance at ADR and explore how to deal with cases in the new Small Property List. 

Friday, 8 March 2024
Session 1: Family Law Key Issues

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

9.00am to 10.00am Forum Disputes in Family Law
  • Forum non conveniens: the rationale
  • Parallel proceedings in the Family Court of Western Australia and another court: What are my options? stay applications and anti-suit injunctions
  • Thinking critically about juridical advantage for the client in other jurisdictions: How to assess?
  • A sneaky look at a recent parenting case where forum was an issue: beware s111CD of the Family Law Act 1975 (Cth) and Jasvir and Atwal [2023] FCWA 222

Presented by Rodney Worth, Barrister, John Toohey Chambers; Market Leader Family Law Barrister, Doyle’s Guide 2024

10.00am to 11.00am Third Party Property Matters
  • When to join and when not to join a third party
  • How to deal with an unwelcome third party
  • Common scenarios including loans from parents and family companies as well as arm’s length third parties

Presented by Heinrich Moser, Barrister, Stephen Thackray Chambers; Preeminent Family Law Mediator, Doyle’s Guide 2023 and Preeminent Family Law Barrister, Doyle’s Guide 2024

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

Chair: Trevor O’Sullivan, Special Counsel, O’Sullivan Davies Family Lawyers

11.15am to 12.15pm NEW FAMILY LAW BILL AND ITS PRACTICAL APPLICATION: Family Amendment Bill: An Impact Study - Practical Insights Following the Introduction of the New Legislation

Address what you need to know about the impact of the legislative amendments on Property and Arbitration matters and provide practical suggestions to adopt to integrate the changes seamlessly into your practice.

Presented by Jorja Brady, Partner, Lavan; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyers, Doyle’s Guide 2024

12.15pm to 1.15pm Assets Lost or Disposed of Prior to Hearing: Principles of Kowaliw

Presented by Framy Browne, Partner, Lavan; Recommended Family & Divorce Lawyer, Doyle’s Guide 2024

Ethics & Professional Responsibilities
2.00pm to 3.00pm Ethical Obligations in Preparation for and Attendance at Alternative Dispute Resolution

Presented by Rachel Oakeley, Barrister, John Toohey Chambers; Preeminent Family Law Barrister, Doyle’s Guide 2024

Practice Management & Business Skills
3.00pm to 4.00pm Costs in Family Law Matters: Insights on the Uniform Act over the Last 18 Months
  • Overcharging purpose and it bites
  • Uniform law changes everything

Presented by Kellie Woods, Barrister, Francis Burt Chambers 

Professional Skills
4.15pm to 5.15pm Recent Developments with Small Property Cases and Options to resolve Large Property Cases
  • The new procedures for Small Cases
  • The options for Large cases including
    • Mediation
    • Arbitration
    • Hybrids
    • Rent a Judge

Presented by Colin Kaeser, Principal, Kaeser Mediated Solutions; Accredited Mediator, Registered Arbitrator, Collaborative Coach, Accredited Conciliator and WA Director AIFLAM

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 based on WA legislation

4.00pm to 4.15pm Afternoon Tea
11.00am to 11.15am Morning Tea

Presenters


Ms. Rachel Oakeley, Barrister, John Toohey Chambers
Rachel Oakeley obtained her LL.B (Hons) in the UK in 1995. She worked in a number of management and consultancy roles in the UK until 2003, when she immigrated to Australia. Having obtained her Australian legal qualification through UWA, she worked for a number of prominent family law firms in Perth between 2006 and 2014, before joining the Bar in 2015. Rachel appears frequently as counsel for matters before the Family Court of Western Australia and as counsel in Appeals before the Federal Circuit Court of the Family Court of Australia and the Supreme Court of Western Australia. This continues to be her primary area of practice. Rachel also appears in the Children's Court of WA in relation to Care and Protection Matters and in the Magistrates Court of Western Australia for Violence Restraining Order matters. Rachel is a nationally qualified mediator and a regulation 67 Arbitrator. Rachel was a Deputy Member of the Reproductive Technology Council of Western Australia from 2009 to 2002, prior to joining the Ministerial Expert Panel in 2022 which advised the Minister for Health on reform of the fertility and surrogacy laws of Western Australia. This is an area of law in which Rachel has a particular interest as a practitioner and advisor to private clients, clinics, and government.


Ms. Jorja Brady, Partner, Lavan
Jorja is a Partner at Lavan in the family law team. She has an LL.M (Family law) and B.A. (History) and is an accredited family law specialist and trained mediator. She has practiced exclusively in family law at leading family law firms in Perth, for the last 15 years. She specialises in the management of complicated financial and parenting matters in the Family Court with a particular interest in financial cases involving substantial asset pools, including matters with complex company, trust, partnership, and valuation issues. Many of these cases have an international element to them or taxation and accounting aspects. Jorja has considerable experience in cases involving the preparation of or setting aside of financial and child support agreements, sham transactions, trusts and equitable remedies, corporations’ law and matters involving third parties. Jorja also maintains a specialised practice associated with difficult parenting cases, particularly parentage disputes, the relocation of children and cases with an international aspect, including Hague Convention abduction cases.


Mr. Rodney Worth, Barrister, John Toohey Chambers
Rodney Worth practises as a barrister from John Toohey Chambers primarily in family law, protection & care and restraining order matters. Rodney has worked both in private practice and at Legal Aid Western Australia, and more recently spent two years as the Legal Associate to the Honourable Justice Sutherland, Chief Judge of the Family Court of Western Australia. Before practising law, Rodney worked as a contracts specialist on large-scale infrastructure projects in Western Australia. Rodney holds a Bachelor of Laws (First Class Honours).


Mr. Heinrich Moser, Barrister, Stephen Thackray Chambers
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.


Ms. Framy Browne, Partner, Lavan
Framy Anne Browne is the lead partner of Lavan's Family Law team and provides family law advice. Framy has had extensive experience with matters of considerable commercial and factual complexity, including matters involving complex financial arrangements, overseas interests, partnerships, superannuation, companies and trusts. Framy also has extensive experience in child related matters and has represented clients living in Australia and overseas in matters involving international law and relocation.Framy has represented clients in matters involving international proceedings in the United States of America, the United Kingdom and Asia. Framy holds a Master of Applied Law (Family Law). Framy has been recognised by the Doyle’s Guide for Australian Best Lawyers, in the 2015 and 2016 listing of Rising Stars in Australian Family Law and recognised in the 2018, 2019, and 2020, 2021 and 2022 Doyle’s Guide Leading Family & Divorce Lawyers – Western Australia and Leading Family Lawyers (High Value & Complex Property Matters) – Western Australia in 2020, 2021 and 2022.


Ms. Natalie Kam, Partner, McDonald Jackson
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 CPD and Social Subcommittee. Natalie currently sits on the Law Society’s Accreditation Committee.


Mr. Trevor O’Sullivan, Special Counsel, O’Sullivan Davies Family Lawyers
Trevor graduated from the University of Western Australia in 1969. He was admitted to the Supreme Court of Western Australia in 1972 and to the High Court of Australia in 1987. Trevor completed the Professional Certificate of Arbitration and Mediation at the University of Adelaide in 1999 and is a member of the Resolution Institute and the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). Trevor is an NMAS accredited Mediator. Trevor is a Fellow of the International Academy of Family Lawyers and a member of the Family Law Section of the Law Council of Australia and a past member of the Council of the Family Law Practitioners' Association of WA having previously held a number of positions including President and Secretary. In 2013 Trevor was made a Life Member of the Family Law Practitioners' Association of WA (FLPA). The FLPA awarded him Family Lawyer of the year 2018. Trevor became an accredited Family Law Specialist in 1992 and chairs the Law Society of Western Australia's Accreditation Committee. Prior to forming O'Sullivan Davies, Trevor was a Partner at Clayton Utz for 15 years. Before that, he was also a Partner at the firm now known as Ilberys for 10 years. He has served on the Executive of the Family Law Section of the Law Council of Australia and has given numerous papers at local and national conferences and to tertiary institutions and specialist interest groups. He is Chairman of the WAFL Tribunal. Trevor is a past Chair of the Council of Wesley College.


Mr. Colin Kaeser, Principal, Kaeser Mediated Solutions
Colin Kaeser commenced practice in 1994. He became an accredited family law specialist in 2000. He joined the family court of Western Australia in 2005 as a Registrar; being appointed as a family law Magistrate in 2010. He left the court in 2022 and now operates Kaeser Mediated Solutions. His focus is on dispute resolution. Colin is a nationally accredited mediator; an approved arbitrator and a collaborative coach.


Ms. Kellie Woods, Barrister, Francis Burt Chambers
Kellie’s practice includes legal costs, deceased estate and Family Provision Act matters, trusts, corporate and commercial litigation and dispute resolution, and insolvency. Before being elected to the Bar, Kellie worked in commercial litigation and recoveries and restructuring, most recently as a Managing Associate at Dentons Australia. Kellie has a wide range of litigation experience having appeared as Counsel in the Magistrates, District, and Supreme Court and State Administrative Tribunal in addition to appearing regularly in the Federal Court and Federal Circuit and Family Court of Australia. Kellie is known for her thorough and accurate legal advice and her eye for attention to detail. She has advised a wide range of individual, commercial and corporate clients, providing a solution-focussed, commercial and pragmatic approach. In addition to her legal work, Kellie is a member of the Law Society Council, the Law Society Costs Committee and enjoys giving back to the legal community by preparing articles, presenting at CPD events and coaching Law Society Mock Trial students. In 2019, Kellie was the State’s Highest Achiever in the Australian Restructuring Insolvency & Turnaround Association’s (ARITA) Fundamentals of Insolvency qualification.

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Family Law Property Matters Conference

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All Sessions
Friday, 8 March 2024
9.00am to 5.15pm Australia/Perth
CPD Points 7
$795.00
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Morning Session
Friday, 8 March 2024
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
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Afternoon Session
Friday, 8 March 2024
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
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