Family Law: Essential Concerns in Financial Matters

Unpack the essential concerns that you might grapple with in your Family Law financial & property matters. Hear Deputy Registrar Vickers speak on how to get your consent orders through without being requisitioned. Understand how to approach contributions during short relationships & learn when it’s a property or financial resource. Understand how to deal with non-disclosure in financial cases and best prepare for mediation & conciliation conferences to ensure your client's success. WEB243V12Z

Thursday, 14 March 2024
9.50am to 10.35am Is it Property or is it a Financial Resource?
  • What is a financial resource – legislation and caselaw?
  • When is an interest in trust a property and not a financial resource?
  • Examples of financial resources
  • What evidence should be put to the court when running a property vs financial resource argument

Presented by Bronia Tulloch, Barrister, Foley’s List

Professional Skills
12.20pm to 1.05pm Preparing Property Cases for Mediation & Conciliation Conferences
  • Why is a mediation different to a trial
  • What are the key documents to prepare
  • Refining the balance sheet
  • Accessibly articulating your client’s case in a case outline/position paper
  • Managing client expectations to increase opportunities for resolution

Presented by Mark MacDiarmid, Principal, Mark MacDiarmid Family Law Specialists; Accredited Specialist in Family Law; Accredited Mediator and Family Dispute Resolution Practitioner

Chair:

Claire O’Connor SC, Villeneuve Smith Chambers

11.35am to 12.20pm The Assessment of Contributions During Short Relationships
  • The current court approach to assessing contributions in short relationships of approximately 5 years duration
  • How the court approaches those matters differently where there are children of the relationship
  • How the court approaches those matters where the parties have entered the relationship later in life
  • The impact of initial contributions during those short relationships

Presented by Gabriella Khoury, Partner, Pearson Emerson, Accredited Specialist in Family Law

Professional Skills
9.05am to 9.50am How to Deal with Non-disclosure in Financial Cases
  • Principles and processes with respect to disclosure
  • Educating the client and dealing with the errant client
  • Solicitors’ duties and dealing with a ‘Dark Knight’
  • Third party disclosure, subpoenas and costs consequences
  • Confidentiality and disclosure when engaging ‘shadow experts’ and other professional advisors

Presented by Jim Mellas, Barrister Foley’s List; Recommended Family Law Junior Counsel and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2023

Description

Attend and earn 4 CPD units including:
1.5 units in Substantive Law
2.5 units in Professional Skills

This program is applicable to practitioners from all States & Territories

10.35am to 10.50am Morning Tea
1.05pm to 1.15pm Final Q&A and Closing
9.00am to 9.05am Opening Comments by the Chair
Professional Skills
10.50am to 11.35am Hear from FCFCOA: Consent Order Applications in Relation to Finances and Property – How to Get Them Through Without Being Requisitioned? Tips and Traps

Presented by Deputy Registrar Hannah Vickers, National Manager – Deputy Registrars, Federal Circuit and Family Court of Australia

Presenters


Ms. Bronia Tulloch, Barrister, Foley’s List
Bronia Tulloch completed a Bachelor of Economics and a Bachelor of Laws at Monash University in 1993. She undertook articles at Maddock Lonie & Chisholm solicitors (now Maddocks) during 1995 and was admitted to practice on 6 May 1996. Since signing the Bar Roll on 19 November 1998 Bronia has practised exclusively in all areas of family law including children's matters, property, spousal maintenance, child support, de facto relationships and intervention orders. She has appeared in interim and final hearings in the Magistrates' Court, County Court, Supreme Court, Court of Appeal, Federal Magistrates' Court, Family Court, Federal Court and the Full Court of the Family Court. Most of her practice is based in Melbourne, however she regularly appears in circuit matters and interstate. In addition to appearing in court Bronia undertakes paperwork, gives advice and represents parties at mediations. Bronia spends her free time skiing and trying to play tennis.


Mr. Jim Mellas, Barrister,
Jim Mellas is a Barrister at the Victorian Bar who has been practising for over 36 years as a Solicitor and then as a Barrister. Jim has been an accredited specialist in Family Law since 1991 and is a regular speaker at legal seminars and conferences having spoken on a range of subjects including Family Law, De facto Relationships, Equitable Estoppel, Succession Planning and Family Business. He has also had a number of papers published on a range of topics and has featured in a number of educational DVDs on Family Law. Jim has been recognised as a Leading Family Law Barrister in Victoria by Doyle’s Guide. Outside of the law Jim is a commentator, activist and campaigner. He is a founding member of the Acropolis Research Group (TARG) which was formed by concerned researchers and activists in the UK, Greece and Australia who share a common interest in the repatriation of looted cultural property, with a particular focus on the Parthenon Sculptures. TARG seeks to influence decision makers, non-State actors, museums and galleries as well as the community at large through research, education, advocacy and lobbying.


Mr. Mark MacDiarmid, Principal,
Mark MacDiarmid has been a lawyer for over 30 years. He is an Accredited Family Law Specialist, a Family Dispute Resolution Practitioner and a registered Family Law Arbitrator. Mark is a former Director of national law firm Gadens Lawyers (where he worked in the commercial law and banking & finance sections), a former specialist family law consultant for Coleman & Greig Lawyers, and for many years was the Principal Solicitor of the Elizabeth Evatt Community Legal Centre. As a lawyer Mark's practice is currently focused on Independent Children's Lawyer appointments, and as a mediator he focuses on legally assisted property mediations. He holds degrees in Arts & Law from the University of Sydney, as well as a Post Graduate Diploma in Psychology.


Ms. Gabriella Khoury, Partner,
Gabriella is an Accredited Family Law Specialist and Collaborative Lawyer. She holds a Bachelor of Laws (Honours) and a Bachelor of Business Administration. Gabriella has been a Partner of the firm since 2021. Gabriella has worked in family law since 2011, firstly as a Legal Associate to a Judge in the Family Court of Australia (as it then was) and then as a lawyer. Gabriella's role as a Legal Associate allowed her to gain a unique insight into the workings of the Court, and develop a deeper understanding of the way Judges make their decisions. It also provided her with extensive exposure to Court room advocacy, and an understanding of how to be effective when dealing with the Court. Gabriella has great empathy for her clients and is sensitive to their legal issues. She strives to minimise the emotional and financial stress clients can suffer during family law proceedings, providing a commercial and strategic approach to matters, and where possible, Gabriella will endeavor to resolve the issues without the intervention of the Court. Gabriella is responsible for a wide range of family law issues for our clients including separation and divorce, parenting disputes and arrangements, property settlements, and de-facto relationship breakdowns. Gabriella has a particular interest in the resolution of complex financial matters including assisting high net worth individuals, and dealing with complex corporate and trust structures. Gabriella is collaboratively trained and can provide this as an alternative approach for clients who wish to engage in a less adversarial approach to family law, working together with other collaboratively trained lawyers, coaches and child and financial specialists. Doyle's Guide recognised Gabriella as a Rising Star in family law in the Australian legal market for 2018.


Ms. Hannah Vickers, Deputy Registrar,
Hannah Vickers was appointed as a Deputy Registrar of the Federal Circuit and Family Court of Australia in May 2022. Hannah became National Manager of the Deputy Registrars in September 2023. Prior to her appointment Hannah worked as an Associate at Hamish Cumming Family Lawyers practising exclusively in family law. Prior to commencing at Hamish Cumming Family Lawyers Hannah was employed as a Legal Associate to the Honourable Justices Loughnan and Johnston. Hannah completed a Bachelor of Laws (Honours) and Bachelor of Psychology (Honours) at the University of New South Wales.

WEB243V12Z

Family Law: Essential Concerns in Financial Matters

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Single Session
Thursday, 14 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Online 20240503 20240314

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