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25.01.2022 The new edition of Case Update (for September 2020) is now available for members to view in the FLS member library: https://www.familylawsection.org.au//fls-case/details/2252 and has also been sent directly via email.
23.01.2022 With the health, economic and structural challenges facing our profession, a strong representative voice in family law has never been more vital. As a result the Family Law Section is reducing membership fees to NIL for FY2021. This provides a saving of up to $275 for each full member. This offer is extended to new memberships given the importance of communication with and support for the whole profession.... As an FLS member you will have access to a full suite of resources in the member library including subscriptions to a range of FLS specific publications; - Australian Family Lawyer - FLS News - The Duty List - FLS Case Update In addition, members receive discounted registration prices to all FLS events including the 2021 National Family Law Conference in Adelaide and the Online Family Law Intensive. To join the Family Law Section please use the below link and complete the application form: https://lnkd.in/g4x_W_H
21.01.2022 Episode 11: Marcus Turnbull SC discusses the High Court on Deeds of Gifts in the context of section 79 proceedings. Facts of Hsiao v Fazarri What did the trial judge do? What about the Full Court?... What is the High Court considering? What could this decision mean for family lawyers? Cases Referenced: Hsiao v Fazarri [2019] HCATrans 196 (10 October 2019) Recently appointed Senior Counsel Marcus Turnbull SC is the Tasmanian representative on the Family Law Section Executive for the Law Council of Australia since 2018 and is also a member of the Tasmanian Family Lawyers Association. Marcus practices principally in the areas of criminal and industrial law and specialises in family law, including child support and de facto relationship cases, he is also a Child Representative in the child protection jurisdiction and an Independent Children’s Lawyer in the Family Court and Federal Circuit Court of Australia. Often appearing in complex property and children’s matters as counsel in trials and appeals before the Family Court and Federal Circuit Court of Australia, he has been recognised as a pre-eminent and a leading family lawyer in Doyles Guide. Marcus is also an accredited mediator and is the Tasmanian representative on the Board of Australian Institute of Family Law Arbitrators and Mediators (AIFLAM).
21.01.2022 Episode 8: Jacky Campbell discusses the recent Full Court decision of Goldsmith & Stinson and Ors in which the Full Court found that the equitable relief sought by the wife against the husband needed to be determined before the Judge at first instance decided the section 79 matter. What has happened since Stanford v Stanford? What were the facts of Goldsmith & Stinson and Ors? What were the two possible outcomes of the failure to consider the Wife’s section 78 declaration ...in Goldsmith & Stinson and Ors? In 2020, Jacky was recognised as a leading family lawyer in Melbourne by Doyle’s Guide to the Australian Legal Market as well as one of Melbourne’s leading family lawyers in High-value and Complex Property matters, and a recommended lawyer in parenting matters. Cases Referenced: - Stanford Case Stanford & Stanford [2011] FamCAFC 208; (21 October 2011) Stanford & Stanford [2012] FamCAFC 1; (19 January 2012) Stanford v Stanford [2012] HCA 52 (15 November 2012) - Goldsmith and Stinson Case Stinson & Goldsmith & Anor [2019] FCCA 917 (12 April 2019) Goldsmith & Stinson and Ors [2019] FamCAFC 230 (2 December 2019) - Bevan Case Bevan & Bevan [2013] FamCAFC 116; (8 August 2013)
17.01.2022 Episode 14: James Naughton reviews the Netflix Movie: Marriage Story. With Victoria in lockdown and the cold chill elsewhere, The Duty List decided it was time for some light relief in the form of a recommendation for your time on the couch. In this episode of The Duty List, James Naughton from Brisbane firm, Naughton McCarthy, reviews the Netflix Movie, Marriage Story, which is an 'incisive and compassionate look at a marriage breaking up and a family staying together'.... James is an experienced litigator with more than 20 years’ experience and has expertise in conducting negotiations, mediation and litigation in all major areas of family law including property settlements, spouse maintenance, prenuptial and nuptial agreements, Part VIIIAB (de facto) relationship agreements and settlements, parenting and child support matters. Doyle’s Guide has repeatedly recognised James, including as a Recommended family lawyer in Brisbane in 2019.
16.01.2022 Registrations are now OPEN and content is now LIVE for the 2020 Family Law Online Intensive. The Online Intensive is a pre-recorded video version of the in-person Family Law Intensives for which the Family Law Section is known and were regrettably cancelled due to the COVID-19 pandemic. Paying delegates receive full, unlimited access to videos and papers prepared by 16 leaders in the field, adapted to the online space to provide interesting, engaging and practical content fo...r family law practitioners. There is over 6 hours of video content included, giving attendees a minimum of 6 claimable CLE points for their Law Society or specialist accreditation requirements. Interested Non Members are encouraged to take advantage of the current Family Law Section offer of NIL membership fees for FY2021 to support practitioners during this difficult time. Registering as a member will enable you to take advantage of the member only discount being offered for the Online Intensive. All information including the program and registration information is available on the FLS website here: https://www.familylawsection.org.au//2020-online-family-la
16.01.2022 The Duty List Episode 6: Stephen Bourke discusses Superannuation In this episode, Stephen Bourke, the former head of the Family Law Division of the Commonwealth Attorney-General’s Department and the author of the leading text on the subject of superannuation splitting, Super Splitting for Family Lawyers, provides advice on superannuation: - What is the effect of a falling market on a splitting order?... - What can you do about it? Case mentioned: Wilkinson v Wilkinson (2005) FLC 93-222 - What is the second option you should consider? - What if you have a reserved judgement? - What are the lessons for practitioners? See more
16.01.2022 The latest edition of FLS Case Update is now available for members to view via the FLS member library: https://www.familylawsection.org.au/members/fls-case-update it has also been dispatched to members via email.
14.01.2022 Episode 10: Minal Vohra SC discusses Legal Professional Privilege and Waiver. What is our duty in respect of legal professional privilege and how is it waived? Mann & Carnell and the test for implied waiver How broad is the waiver when one is established?... What about legal professional privilege in parenting proceedings? What should you address with your client when a waiver of privilege is inevitable? Cases Referenced: Mann v Carnell [1999] HCA 66 (21 December 1999) Minal has been the Victorian representative on the Family Law Section Executive of the Law Council of Australia since 2007. She is a regular presenter for TEN on family law issues. She has presented papers for the Family Law Section Intensives around Australia. She has also written and presented papers for the Law Institute of Victoria, Victoria Legal Aid, the Leo Cussen Institute as well as the Tasmanian Family Law Practitioners' Association and the WA Family Law Practitioners' Association. She presented a paper on the role of Independent Children's Lawyers for LAWASIA's 2009 Singapore Conference.
13.01.2022 The Online Family Law Intensive is a pre-recorded video version of the in-person Family Law Intensives for which the Family Law Section is known and is now live and available for registration, access and viewing. Paying delegates receive full, unlimited access to videos and papers prepared by 16 leaders in the field, adapted to the online space to provide interesting, engaging and practical content for family law practitioners. There is over 6 hours of video content included,... giving attendees 6 claimable CLE points for their Law Society or specialist accreditation requirements. Interested Non Members are encouraged to take advantage of the current Family Law Section offer of NIL membership fees for FY2021 to support practitioners during this difficult time. Registering as a member will enable you to take advantage of the member only discount being offered for the Online Intensive. Full information including pricing, the program and registration is available on the Family Law Section website here: https://www.familylawsection.org.au//2020-online-family-la
13.01.2022 The Duty List Episode 15: The Hon Michelle May AM QC discusses the role of lawyers in mediations. - Preparation is Key - What is the Lawyer's role in Mediation? - Involving the Client... Having retired from the Bench in 2017, as Senior Judge of the Full Court of the Family Court of Australia, the Hon Michelle May AM QC has returned to the Bar to practice in alternate dispute resolution. Michelle May AM QC is an accredited mediator by the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM), and a member of the Resolution Institute. Michelle was a barrister for 17 years before her appointment as a judge. Other roles include as the President of the AIJA, Chair of the Judge’s Forum of the International Bar Association, a Fellow of the Australian Academy of Law and the International Academy of Family Lawyers. Most recently in June 2017, she was appointed a member of the General Division of the Order of Australia.
11.01.2022 The Duty List Episode 5: Louisa Sijabat - Under Pressure In this episode, Louisa Sijabat, a Registered Liquidator and Registered Trustee in Bankruptcy with over 10 years of insolvency experience, provides advice on the issues family lawyers should be focused on in a financial sense as they seek to weather the storm: - The importance of cash flow management - Reviewing your P&L and expenses on an ongoing basis... - Negotiation of your large fixed expenses - Consideration of the largest of all fixed expenses, labour costs - Revenue management & improving your debt management See more
10.01.2022 2020 Online Family Law Intensive The Online Intensive is a pre-recorded video version of the in-person Family Law Intensive for which the Family Law Section is known. Paying delegates will receive full, unlimited access to videos and papers prepared by leaders in the field, adapted to the online space to provide interesting, engaging and practical content for family law practitioners. The Online Family Law Intensive videos will be available for you to access from Wednesday 16... September 2020. There will be a minimum of 4 hours of video content included, giving attendees 4 claimable CLE points. Details of the online program, presentation content and presenting speakers can be viewed HERE: https://www.familylawsection.org.au//2020_FLS_OnlineIntens The Expression of Interest Form for the Online Family Law Intensive, is accessible HERE: https://www.familylawsection.org.au/2020-online-family-law-
10.01.2022 Applications are now open for the Michael Taussig QC Family Law Essay Awards! There are two awards available, one for junior lawyers (0-4 years of practise) and one for law students. All eligibility criteria and application forms are available on the Family Law Section website here: https://www.familylawsection.org.au//michael-taussig-qc-fa... Good luck to all applicants!
08.01.2022 The Duty List Episode 9: Geoff Wilson discusses financial agreements. Geoff has built a distinguished career and the accolades for his work are numerous. Year on year he is recognised as one of Australia’s pre-eminent family lawyers by Doyle’s Guide at both a state and national level and in both 2018 and 2019 he was also ranked by Doyle’s Guide as a Leading Family Lawyer in high value and complex property matters.
08.01.2022 Family Court of Western Australia (FCWA) - Chief Judge's Update The Chief Judge of the Family Court of Western Australia's 29 April 2020 update can be accessed here: https://www.familylawsection.org.au//Family-Court-of-Weste
06.01.2022 The Duty List Episode 7: The Honourable Acting Judge Jennifer (Jenny) Boland Deputy President (NCAT) discusses estate planning. Appointed as a Judge of the Family Court of Australia in October 1999. In July 2004 she was assigned a Judge of the Appeal Division of the Court. Presently an Acting Judge of the District Court of NSW, and Deputy President of the NSW Civil and Administrative Tribunal.... In 2012, Judge Boland was admitted as a Member of the Order of Australia. All family lawyers - whether they have a wills and estates practice or not must be able to provide guidance for clients about the effects of death, infirmity and illness. In the time of Covid-19, being aware of Powers of Attorney, Enduring Guardianship, Wills and Binding Death Nominations, is an essential. So what are the three essentials in these extraordinary times? What about Powers of Attorney? What about a Deed of Enduring Guardianship? Essentials for appointment of a Case Guardian or Litigation Guardian
05.01.2022 Episode 13: Stephen Page discusses Surrogacy. - International Surrogacy - Global Surrogacy Crisis - COVID-19 Effect On Surrogacy... Stephen is a director of Page Provan family and fertility lawyers in Brisbane. He is regarded as a leading surrogacy lawyer in Australia and one of Brisbane’s most respected LGBTIQ friendly lawyers. Stephen has written and presented at conferences around the world. Stephen’s first surrogacy case was in 1988. Since then he has appeared in courts in Queensland, New South Wales, Victoria and South Australia on surrogacy matters. Stephen has been a Queensland Law Society accredited family law specialist since 1996. He has practiced in all areas of family law and has three sub-specialties : - fertility law, including surrogacy - domestic violence - acting for LGBTIQ people Stephen is a Fellow of the International Academy of Family Lawyers and a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys. He is an international representative on the Assisted Reproductive Technology Committee of the American Bar Association.
04.01.2022 Episode 4: Michael Kearney SC discusses litigation by teams. - When should a hearing be conducted by electronic means? - Your matter has been listed for a hearing using teams what should you do? - Some tips for the running of the hearing
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