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25.01.2022 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).
25.01.2022 The Family Law Intensive series provides an excellent opportunity for you to get up to date with the latest developments in family law, gain CPD points and network with colleagues. https://www.familylawsection.org.au//2020_Melbourne_Progra
24.01.2022 LEGISLATION PROPOSED FOR INTRODUCTION IN THE 2019 WINTER/SPRING SITTINGS Federal Circuit and Family Court of Australia Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) - establish the Federal Circuit and Family Court of Australia, which will bring together the... Family Court of Australia and the Federal Circuit Court of Australia Reason for legislation: to implement a 2019 election commitment Link to announcement: Media release of 26 May 2019 https://www.attorneygeneral.gov.au//Cabinet-Appointment-26
24.01.2022 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.
24.01.2022 Early bird registration ends this month. Register by 27 July and save up to $250! https://t.co/W0D8y38Rxt
24.01.2022 Our second concurrent session will be held on Wednesday 3 October 2018 3.30pm 4:30pm Concurrent Session 2A - Arbitration: The dos and don’ts of a successful arbitration What does family law arbitration look like? What do you need to know if arbitration is to be successful? What are the traps for young players and how do you avoid them. Join Suzanne Kingston, Withersworldwide UK, as she leads an engaging panel of leading commercial, family and international arbitrators, to e...xplain the dos and don’ts of a successful arbitration and explain what can go wrong and why. Concurrent Session 2B - I don’t do chattels or Christmas How often do we deal with issues that beg questions that don’t appear to have answers: vaccinations; children’s names; religious holidays, who gets the dinner plates the list goes on. How do you arrive at solutions to these apparently unsolvable questions? Renowned US psychologist, Dr Phillip Stahl and Professor Rachael Field from Bond University provide the answers. Concurrent Session 2C - Gender Dysphoria a conversation with Luka Re: Lucas [2016] FamCA 1129 is the story of a remarkable young man, who despite acute intelligence and self-awareness needed the Court’s permission to commence Stage 2 treatment to develop as male. In conversation with Dr Jacoba Brasch QC, Luka (his real name) will share very personal insights into the trauma that is gender dysphoria, the ordeal that was the Court process to attain the corporeal manifestation of his identity, and how rich and rewarding his life has been, since he was permitted to gain access to Stage 2 treatment. Concurrent Session 2D - Child support: A collision of process and a real world need for cash Navigating the departure, review and appeals process within the child support scheme can present a challenging minefield of administrative, legal and factual issues. Chaired by Greg Howe, Howe Jenkin, hear from Madeline Brennan QC and Chris Bishop, Mills Oakley as they take a practical look at what to do in light of an error of law and how to maximise the prospects of success in the review and appeals process.
24.01.2022 Law Council of Australia media release in response to Federal Government Budget Legal Aid funding
23.01.2022 Leading up to launch, we're releasing detailed insights into our outstanding program sessions to help you get to know your #familylawconference. Click below and read our first feature: LinkedIn: https://t.co/nfHcnkYVtG Facebook: https://t.co/RsCEMUcJiX
23.01.2022 Featuring: Plenary 3, Tuesday 3 October 2018 12:00pm 1:30pm The session: ABC Radio’s Richard Fidler will host a stylised edition of his program, Conversations, in this lively discussion on what it is like to be different in Australia and why family lawyers need to sit up and take notice. He will be joined in conversation by Australia’s first school lawyer, Vincent Shin, and Muslim Family Lawyer Haz Mustaffa. Meet the presenters:...Continue reading
22.01.2022 Dedicated to newly admitted practitioners (0-4 years), we’re thrilled to bring back the Junior Lawyers’ Day in 2018. Following the fully subscribed session at the 2016 conference, the 2018 Junior Lawyers’ Day returns with a specially designed one-day program, bringing the most relevant topics for young lawyers to the forefront of the conversation. Featuring five sessions and a plenary, areas that will be explored include: Various perspectives on family violence Neurosci...ence for lawyers Practical application of the law with new and leading cases Essential skills - including obtaining instructions, persuasion and advocacy; and An expert panel session providing insight to sustaining your legal career Guiding you through this array of issues will be Australian and international speakers from both in and outside the legal profession. Places are limited - don’t miss this wonderful opportunity to tap into a wealth of expertise. Registration for the day is an opt in-inclusion to full registration for Junior Lawyers but can also be purchased as standalone day registration. Attendees will have the opportunity to enjoy various aspects of the general conference including exhibits and a powerful plenary session. Drinks and canapes will be provided during the final session of the day as the perfect segue for those staying for the Gala Dinner. Full conference junior lawyer registration: $1350 Full conference junior lawyer registration (non-member): $1550 Junior Lawyers’ Day standalone rate: $450 Early bird rates end 27 July. For full registration details and to register, visit the conference website at https://www.familylaw2018.com.au/registration/ View the full Junior Lawyers’ Day program via https://www.familylaw2018.com.au/program/junior-lawyers-day/
22.01.2022 The Family Court of Australia and Federal Circuit Court of Australia have released an update to the profession, available to read here: https://www.familylawsection.org.au//2020_FCA_FCCA_UPDATE-
22.01.2022 Discounted early bird pricing for the Brisbane Family Law Intensive ends this Friday! Secure your discounted registration today via this link: https://www.familylawsection.org.au//brisbane-2020-family-
22.01.2022 The 2020 Sydney Intensive was a brilliant event. But don't just take our word for it, watch the delegate video below. The FLS Intensive is the must attend CLE event of the year!... FLS Intensive Series will also travel to Brisbane, Perth and Melbourne. Limited places are available, register to attend an event here: https://www.familylawsection.org.au/events
21.01.2022 Our third concurrent session will be held on Thursday 4 October. Read about the sessions and choose your preference #familylawconference. Thursday 4 October 2018 2.00pm 3:00pm 3A - Re-imagining spouse maintenance: Are our clients missing out?... Getting agreement is often only part of the battle. Documenting the agreement and staying out of the tax minefield can be just as challenging. Hear from Tom Kirk QC and Joseph Box, Partner and National Head of Forensic Consulting, Grant Thornton Australia as they use practical examples by way of a case study to look at various tax considerations on settlement. 3B - The querulant: Not just any self-represented litigant There are self-represented litigants; there are difficult self-represented litigants; and then there are querulants. The Hon Justice Glenn Martin AM will be joined by consultant forensic psychiatrist, Dr Grant Lester, the world’s leading expert on querulant litigants, and will explain what to look out for and why great caution is needed in dealing with them. 3C - Legal practice re-imagined, re-invented and re-defined: Are you ready? The legal industry has changed but have legal practitioners and practices changed with it or changed enough to remain relevant and competitive? Are law firms future proofing for a different market? Director of the Centre for Legal Innovation Terri Mottershead will take you into territory that will, in equal measure, challenge and inspire you.
21.01.2022 Important update - 2020 Family Law Intensives and the Corona Virus Given the COVID-19 (corona virus) situation, we have decided we cannot go ahead with the Family Law Intensives presently scheduled for Brisbane (28 March), Perth (4 April) and Melbourne (2 May). Our decision is in line with the Government’s advice around non-essential gatherings, and the need to ensure the safety of our delegates, speakers and staff.... We are investigating rescheduling the Intensives to a later date in 2020. Please be assured we will keep delegates, speakers and sponsors informed. Until then, we have suspended new registrations. Once we can confirm the availability of venues and new dates, we will contact those delegates who have already registered. They will be offered the choice to carry their existing registration forward to the new dates, provide a credit to attend another future Intensive, or offered a refund if they are unable to commit to the new dates. While we are very disappointed, the decision is necessary for the protection of the community and to help reduce transmission of the virus. Please do not hesitate to contact our Family Law Section staff to discuss matters.
21.01.2022 Our early bird rates will end next Friday 27 July. This rate won’t be extended again. #nationalfamilylawconference Register now: https://t.co/W0D8y38Rxt
21.01.2022 The Duty List Episode 2: Presented by Suzie Delbridge from Delbridge Forensic Accounting discusses the effect of COVID-19 on valuations How does a valuer respond to COVID-19? Can the valuer take into account COVID-19 where they are preparing valuations as at 30 June or 31 December 2019? Can’t you just apply a COVID-19 Discount to your valuation?... What’s next? You can read the summary of Pope & Pope [2012] FamCA 204 (mentioned by Suzie in the video) via this link: http://www.austlii.edu.au//au/cases/cth/FamCA/2012/204.html
20.01.2022 The Sydney Intensive has sold out! To register for Brisbane on 28 March 2020: https://www.familylawsection.org.au/individual-registration
20.01.2022 https://www.familylawsection.org.au//melbourne-2019-family
20.01.2022 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.
19.01.2022 Family Court of Western Australia Response to Covid-19 (Corona Virus) The Family Court of Western Australia has released an important announcement about COVID-19 which applies to practice in Western Australia. You can read the full release via the link below.
19.01.2022 The National Family Law Conference is just 67 days away. With a dynamic professional program led by outstanding international and national speakers, the conference includes keynote presentations, panel discussions, and debates all designed to be thought provoking and engaging. The professional program will be supported by an outstanding social program. There’ll also be plenty to talk about with the Australian Law Reform Commission scheduled to release its discussion paper ...on the reform of the family law system on the first day of the conference. Be a part of one of Australia’s largest and most prestigious legal professional development events. Don't delay, early bird registration ends today: https://www.familylaw2018.com.au/registration/
18.01.2022 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)
18.01.2022 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
17.01.2022 LCA President, Arthur Moses SC says Coalition's family law plan 'will hurt children'. Lawyers slam the government's "wrong-headed approach to family law". http://www.theage.com.au//coalition-s-family-law-plan-will
17.01.2022 To register for the Intensive in Perth on 4 April 2020: https://www.familylawsection.org.au/individual-registration
17.01.2022 Our fourth concurrent session will be held on Thursday 4th October from 3.30pm - 4.30pm. View the session details below! A - It’s a long story so start at the end! Property cases in the Family Court and the Federal Circuit Court often require determination of questions of fact and law: equitable claims, claims under the Corporations and Bankruptcy Acts, claims by or against third parties etc. Precision as to the nature of, and basis for, such a claim being made and why it is... being resisted will usually assist in its efficient disposition. Philip Looney QC will highlight recent cases which illustrate this issue and discuss practical measures used in other jurisdictions which might be adapted for use in relevant family law matters. 4B - Injunctions, Anton Piller orders and the new money What is cryptocurrency; how does it work and why should it concern family lawyers? The short answer is that it poses real risks to family law litigants, not least in terms of what is, and should be disclosed. Remedies and relief for preserving virtual money. Barry Frakes from Watts McCray and Gleuto Serafim, an Enterprise Architect and co-founder of TECALA, tell you what you and your clients need to know about virtual money. 4C - On the spectrum Litigation involving parties and/or their children on the spectrum can present particular challenges for both practitioners and the Court. In this session, Kathleen Davey will explore the clash which can occur when Autism Spectrum Disorder and family law litigation collide and offers practical assistance in how best we can assist our clients, their children and the courts. 4D - Whole lot of health For over a decade Dr Cameron McDonald (PhD) has worked with individuals and companies to help them discover the fastest path to greater productivity, team cohesion and optimal personal health. An international leader in his field, Dr Cam, will help you understand how to maximise your unique genetic strengths and how to identify and harness the strengths of others in turn. His mission is to make optimal productivity in individuals and workplaces commonplace by understanding and harnessing our different personal strengths. This session is guaranteed to get you thinking about how much you know about yourself and those you work with and will transform the way you deal with your clients, colleagues and peers.
16.01.2022 Ten tips for separated parents managing parenting in a pandemic https://www.familylawsection.org.au//FLS_Ten-tips-for-mana
16.01.2022 The #familylawconference doesn’t end with the final session. The Conference Gala Dinner closes out our program in the Brisbane Convention and Exhibition Centre’s Great Hall’s 3 & 4. Come join us in sending the conference out amidst a world of Botanica and escape to a glamorous world of greenery. A memorable evening awaits you offering fantastic surrounds, food, wines and entertainment that you won’t want to miss. Dress Code: Black tie with a touch of green... This event is included for all full registration types with the exception of day registrations and students. Limited tickets, include guest tickets, can be purchased for $220 per person. Register now to secure your place: https://www.familylaw2018.com.au/registration/ Proudly sponsored by HopgoodGanim
16.01.2022 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.
15.01.2022 The new edition of the Australian Family Lawyer is now out and available to members. This edition focuses on the ALRC reform proposals. Edited by Anne-Marie Rice, it includes contributions from leading practitioners. Just another way FLS serves its members.
15.01.2022 Is Covid-19 a reasonable excuse? What about interstate travel? What about children who are sick? What can our clients do about non-compliance?... If you would like be involved in future The Duty List videos, please contact Sheridan Emerson directly via email: [email protected].
15.01.2022 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
14.01.2022 Concerns about proposed family court merger The Law Council of Australia has joined with a large cross-section of representative bodies writing to the Attorney-General, the Hon Christian Porter MP expressing ongoing concerns regarding the Government’s proposal to merge the Family Court of Australia and the Federal Circuit Court of Australia into a single generalised court: the Federal Circuit and Family Court of Australia. A copy of the Open Letter to the Attorney-General is ...available here. https://www.familylawsection.org.au//20191111_L_to_AG-_Con The groups expressing ongoing concerns include Women’s Legal Services Australia, Community Legal Centres Australia, Australian Women Against Violence Alliance and the National Aboriginal & Torres Strait Islander Legal Services.
14.01.2022 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
13.01.2022 https://www.lawcouncil.asn.au//put-safety-first-in-family-
13.01.2022 Important Information: Family Law Intensive Series and The 19th National Family Law Conference Postponed As a result of COVID-19, the Executive of the Family Law Section has unfortunately been left with no option other than to postpone and reschedule the 19th National Family Law Conference (NFLC) that was to have been held in Adelaide from 27-30 October this year, and the three remaining Family Law Intensives for Brisbane (28 March), Perth (4 April) and Melbourne (2 May). Nat...ional Conference in Adelaide We are delighted to advise members that we have been able to reschedule the NFLC to 27-30 April, 2021 in Adelaide at the Adelaide Convention Centre. The theme previously chosen for the NFLC UNITE is now even more appropriate. The family law profession faces enormous challenges which have only been exacerbated by the COVID-19 crisis, and it is hoped that this conference will be a wonderful opportunity for our profession to come together, united, and to move forward with a renewed spirit of co-operation and determination to assist those who need access to the family law system more than ever before. The program will be released and registrations will open in early October. The sponsorship prospectus is available now and we are delighted that we received very strong support from sponsors for the original dates. We hope that those sponsors will continue their support for the conference on the rescheduled dates. If you would like to consider a sponsorship opportunity for this significant event please email Susan Comerford: [email protected] or call her on 0414 945 152. Intensives - New Dates The new dates for the postponed Family law Intensives are Brisbane Saturday 22 August 2020 at the W Brisbane, Melbourne Saturday 29 August 2020 at the Grand Hyatt Melbourne and Perth Saturday 19 September 2020 at the Westin Perth. Those delegates currently registered will be offered the choice to carry their existing registration forward to the new dates, provide a credit to attend another future Intensive, or offered a refund if they are unable to commit to the new dates. We are coordinating with our speakers to ensure as seamless a transition as possible but some adjustments to the program may be applied as a result of speaker availabilities and we will of course be monitoring the ongoing changes to the situation with the safety of our delegates, sponsors and staff being the paramount focus. Health and Safety Our decision to postpone all of the FLS events is in line with the Government’s advice around non-essential gatherings, and the need to ensure the safety of our delegates, speakers and staff. While we are very disappointed, these decisions have been necessary for the protection of the community and to help reduce transmission of the virus. Please do not hesitate to contact our Family Law Section staff to discuss on 1300 357 522 or [email protected]
12.01.2022 The Duty List will help members in these challenging times with information, case notes and stories that will keep you and your practice educated, informed and up to date. Hopefully, they will even entertain!
12.01.2022 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.
10.01.2022 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.
09.01.2022 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
08.01.2022 Special Measures Information Note - Appellate Division of the Family Court of Australia The Special Measures Information Note in relation to the Appellate Division of the Family Court of Australia can be viewed here: https://www.familylawsection.org.au//Special-Measures-Info The Note sets out guidance on: ... registry operations, electronic filing, signatures on documents and affidavits, arrangements for court listings, contact details for each Regional Appeal Registry, and open justice considerations. The Note will be uploaded to the Court’s website in due course.
08.01.2022 We’re thrilled to be bringing the 18th National Family Law Conference to Brisbane City during October. Brisbane has great weather, events, arts and culture. Why not make a trip of it and come early or stay on after the event? Here are just a few things you can do to maximise your stay in Brisbane: If you are coming early, catch the end of the fantastic Brisbane Festival ... Explore the Southbank area which features fantastic venues such as QPAC; host to hundreds of performances each year throughout its various theatres and outdoor spaces or GOMA; a vibrant, engaging space that is home to world renown galleries, exhibitions and over 17,000 artworks from Australia and around the globe. There are also various markets, restaurants and parklands to explore! There are plenty of day trips from Brisbane out to Moreton Bay or nearby Bribie Island, Gold Coast and Sunshine Coast Or go further afield to Byron Bay, Whitsunday Islands or Cairns. With plenty to explore in Brisbane and the rest Queensland during this lovely time of year, make the most of your stay. Visit www.familylaw2018.com.au for lots more information. And if you haven't already, don't forget to register! https://www.familylaw2018.com.au/registration/ Tourism and Events Queensland
08.01.2022 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.
07.01.2022 The President of the Law Council of Australia, Arthur Moses SC, delivered the attached speech last week entitled 'Why "radical" is not a dirty word in family law reform'. It has received front page media in national broadsheets including The Age and the Sydney Morning Herald. I invite all members to read the speech, which makes the case for the family law reform proposals put forward by the Law Council and its Family Law Section.... https://www.familylawsection.org.au//20191104_FLSNews_Arth Paul Doolan Chair Family Law Section
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
06.01.2022 Join us for the Chair's Lunch: The politics and policies of family law. Tickets available for purchase with conference registration at www.familylaw2018.com.au/registration and via https://waldronsmith.eventsair.com//chairslu/Site/Register
06.01.2022 Featuring: Plenary 6, Thursday 4 October 2018 4:30pm 5:30pm The session: Orders for return of children under the Hague Convention on the Civil Aspects of International Child Abduction are designed to effect a speedy return of children to their place of habitual residence following a wrongful removal or retention. But what happens to the children? Professor Marilyn Freeman from the University of Westminster will discuss whether the best interests of children get lost in the ...remedies designed to prevent their abduction and what might be done about it. The presenter: Prof Marilyn Freeman, University of Westminster, UK Marilyn Freeman is Principal Research Fellow at The Westminster Law School, University of Westminster, London, and co-director of the International Centre for Family Law Policy and Practice. She is widely acknowledged as a leading expert in the area of international child abduction and international children’s law. She has undertaken several ground-breaking research projects, including research into the effects of both international child abduction and relocation. Marilyn’s research, on the long-term effects of abduction with Associate Professor Nicola Taylor, University of Otago, on the outcomes for children who objected to return under the 1980 Hague Abduction Convention (2018), has received very significant worldwide attention from members of the international judiciary, legal professionals, psychologists, social workers, non-governmental organisations and victims. She is often asked to address both national and international conferences on her work, and in 2016 was awarded the AFCC (Association of Family and Conciliation Courts) Tim Salius President’s Award in recognition of her empirical research work in the field of abduction. This session will be chaired by The Hon Justice Michael Kent, Family Court of Australia.
05.01.2022 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
05.01.2022 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-
05.01.2022 The #familylawconference is in less than two weeks! On Thursday 4 October, you’ll have the choice of two plenary sessions from 11.00am to 12.30pm. Click for a detailed overview of each session and get to know the content and the presenters. Dual Plenary 1: They’re experts but is it real expertise? Conventional approaches to evaluating experts and their opinions, tend to rely upon factors that are not always central to findings from scientific research on expertise. Profess...Continue reading
04.01.2022 Program feature: More heat - less light When: Plenary 8, Friday 5 October 2018 10:30am 11:30am The session: Increasingly, communications between family lawyers are marked by the vitriol and absence of objectivity; of seeking what their clients want and not what the law and the evidence might allow; a pervasive fear of giving unwanted or unpopular advice. President of the Queensland Court of Appeal, The Hon Justice Walter Sofronoff explains why unprofessional conduct demeans... our profession and is contrary to our clients’ best interests. The presenter: The Honourable Justice Walter Sofronoff is the President of the Queensland Court of Appeal. Prior to his appointment, Justice Sofronoff served as president of the Bar Association of Queensland and the Queensland Anti-Discrimination Tribunal, member of the Queensland Incorporated Council of Law Reporting and Royal Australian Navy Reserve, and was an adjunct professor of law of the University of Queensland Law School Advisory Board. From 2005 to 2014 he served as Queensland’s Solicitor-General. In 2015 he was Commissioner of the Grantham Floods Commission of Inquiry, and in 2016 led a review into Queensland’s parole system. Chair: This session will be chaired by the Hon Justice Stephen Thackray, Chief Judge of the Family Court of Western Australia.
04.01.2022 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!
03.01.2022 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.
03.01.2022 Featuring: Plenary 2, Wednesday 3 October 2018 11:00am 12:00pm The session: The late The Hon Dr Peter Nygh AM was a distinguished Judge of the Family Court for 14 years who is greatly missed. He was also a legal scholar of international renown. Bret Walker SC presents the 8th iteration of the lecture that honours his memory. The presenter: Bret Walker SC was admitted to the New South Wales bar in 1979 and took silk in December 1993.... His practice has focussed predominately on general appellate advocacy, equity, commercial, administrative and Constitutional law. He was president of the Law Council of Australia between 1997 and 1998 and president of the NSW Bar Association from November 2001 to November 2003. He has been both Commissioner and Counsel in numerous inquiries including the 2006-2007 inquiry into the suitability of the Casino operator and the 2007 inquiry into Sydney Ferries. In addition to his work at the bar, Bret Walker SC is presently the Royal Commissioner for the Murray-Darling Royal Commission and Constitutional law Adviser to the Law Council of Australia. This session will be chaired by the Hon Justice Peter Murphy, Family Court of Australia.
02.01.2022 Judges of the Family Court of Australia have released a statement in response to the Attorney-General's article about the proposed federal courts restructure. Read here: https://www.familylawsection.org.au/index.php
02.01.2022 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
01.01.2022 Program feature: The Welcome Reception The social events in our conference program will provide the perfect environment for you and your colleagues to experience Brisbane’s best, and get the most from your conference. First cab off the rank in the social program will be the Welcome Reception on Tuesday October 2nd. ... The Hon Chief Justice Catherine Holmes, Chief Justice of the Supreme Court of Queensland will welcome you to the evening which will feature live entertainment from two-time ARIA Award winner and multi-platinum jazz and indie artist Megan Washington. The venue for the Welcome Reception will be the spectacular Gallery of Modern Art in the heart of South Bank’s cultural precinct. This will be a fantastic opportunity to catch up with colleagues and make new friends as we welcome you to the must-attend family law event of 2018. Bringing you the best of Brisbane - GOMA is a vibrant and engaging space that we’re pleased to present as a part of this year’s event. Renowned for showcasing collections of historical, modern and contemporary art, including many Australian and international exhibitions; experience a fantastic location in Australia’s new world city as you settle into the conference. Proudly sponsored by Kennedy Partners Lawyers Register today: https://www.familylaw2018.com.au/registration/ For more information about GOMA: https://www.qagoma.qld.gov.au/about/our-story
01.01.2022 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
01.01.2022 The 2018 National Family Law Conference concurrent sessions offer a choice of interesting topics and essential learning. Our first concurrent session will be held on Wednesday 3 October 2018 2.00pm 3:00pm. Concurrent Session 1A - Arbitration: A system of justice or just a passing fad?... Arbitration is being hailed as the answer to escalating costs and delays in the courts. But, can it be described as a system of justice? And, is it here to stay or is it a passing fad? Find out what one of London’s pre-eminent family lawyers, Suzanne Kingston, and former High Court Justice, the Hon Ian Callinan AC, have to say. Concurrent Session 1B - Killing time: Is the hourly charge out rate dead? Legal fees are increasingly under scrutiny and the hourly charge-out rate looks like a particular target. What are the alternatives? Are they fair to practitioner and client alike? Chaired by Di Simpson, Dobinson Davey Clifford Simpson hear from John Chisholm, John Chisholm Consulting and Ben Cohen, Bartley Cohen Law. Concurrent Session 1C - Uncomfortable viewing: When pornography is more than just a hidden secret Online pornography is a multi-billion dollar industry, fuelling crippling habits with ease and expense. This session explores the impact of pornographic viewing habits on parenting capacity, parental conflict and child development experiences. Chaired by: Miranda Bain, Act for Kids and presented by Dr Lars Madsen, Psychologist and Jane Walsh of the Joint Anti-Child Exploitation Team, Australian Federal Police. Concurrent Session 1D - Effective therapy for family violence perpetrators: The ABCs of anger management, behaviour change and counselling And the parties are ordered to attend an anger management course or some other behaviour change program. How many times do we seek orders like these, without considering the availability, content, and relevance of such interventions. This session, chaired by social worker Tom Fitzgerald and presented by Dr Peter Krabman, Child, Adolescent & Family Psychiatrist and Dr Ben Jones, Forensic Psychologist, explores how to match the ‘right’ course or intervention with a party’s actual needs.
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