QLS and FLPA Family Law Residential July 2013 RACV Royal Pines Resort Gold Coast

Transcription

1 QLS and FLPA Family Law Residential July 2013 RACV Royal Pines Resort Gold Coast

2 Presented by Queensland Law Society and the Family Law Practitioners Association, the Family Law Residential is the premier professional development program for family lawyers in Australia. The program features the traditional streams dedicated to children s issues and property matters along with a practical skills stream that includes workshops on advocacy and drafting. Presenters are experts representing all facets of family law, including judicial representatives from the Federal Circuit Court, senior solicitors and barristers, accountants, psychiatrists and other experts. QLS and FLPA Family Law Residential

3 Program Friday 19 July am Registration am Welcome and opening Presenter: Alison Ross, Partner, HopgoodGanim; Chair, Family Law Committee, Queensland Law Society and Accredited Specialist Family Law am Judicial attitudes and personal belief systems how do they affect the skills judicial officers bring to their role? When do personal belief systems cross into the realm of bias? Presenter: The Honourable Bernard Warnick, Retired Justice of the Family Court of Australia Chair: Alison Ross, Partner, HopgoodGanim; Chair, Family Law Committee, Queensland Law Society and Accredited Specialist Family Law Presentation of the Andrea Bowler Prize am Stream 1A Parenting Stream 1B Financial Stream 1C Essentials Challenging experts in parenting matters This session identifies what you can do to assess the merits of an expert s report including: whether the expert s qualifications enable them to form the opinion provided when testing, including psychological and psychometric testing, is appropriate, and an analysis of recent case law. Presenter: Ian Mawson QC, Victorian Bar Chair: Judge Josephine Willis, Federal Circuit Court of Australia Add backs revisited Arguments over add backs are increasingly ventilated in property settlement matters. This session examines the impact of add backs in determining the value of the asset pool to be divided after separation. Update on add backs what should and should not be added back? Add backs of monies disposed of during the marriage. Presenter: The Honourable Justice Colin Forrest, Family Court of Australia Chair: Geoffrey Sinclair, Partner, Barry.Nilsson.Lawyers; Immediate Past Chair Family Law Section of the Law Council of Australia and Accredited Specialist Family Law Spousal maintenance the ins and outs of running a spousal maintenance application This session looks at the practical issues associated with running an application for spousal maintenance including the information required by the Court to consider the needs of an applicant and the respondent s capacity to pay maintenance including: why we need to make applications for spousal maintenance and whether they are worthwhile practical aspects of running a spousal maintenance application impact of s77a on spousal maintenance effect of cases like Strahan. Presenters: Judge Margaret Cassidy, Federal Circuit Court of Australia; Tedd Jordan Cassidy, Barrister-at-Law, Bar Association of Queensland Chair: Tony Phillips, Partner, Murdoch Lawyers and Accredited Specialist Family Law am Morning tea QLS and FLPA Family Law Residential

4 11.30am 1pm Stream 2A Parenting Stream 2B Financial Stream 2C Essentials Where a child lives to change or not to change This session provides guidance for cases involving false or hard to understand allegations which might be characterised as: sexual abuse allegations false allegations or alienation. Presenters: Judge Tom Altobelli, Federal Circuit Court of Australia; Vincent Papaleo, Clinical Psychologist Chair: Michelle Quigley, Senior Family Consultant, Federal Circuit Court of Australia Looks like property, smells like property This session explores how a settlement may require you to examine the definition of property in financial matters including: what is property for the purposes of the Act discussion of issues including future entitlements to commission or profit whether assets within a testamentary trust are property treatment of assets such as superannuation and life insurance after the death of a party. Presenter: The Honourable Justice Peter Tree, Family Court of Australia Disclosure in family law cases getting it right This session will examine your client s responsibility to make full and frank disclosure. What is full and frank disclosure? What are your client s obligations? Disclosure from third parties how far does the obligation of disclosure extend in relation to matters such as discretionary trusts? What are the obligations to make disclosure in parenting matters and how do they differ from financial matters? Disclosure in family cases when your client doesn t get it right This session explores the consequences where clients withhold or fail to disclose information. The impact of non-disclosure in family law matters. Acting for the non-disclosing party when is it no longer appropriate to act and what are the lawyer s ethical obligations? Presenters: Sydney Williams, Barrister-at-Law, Bar Association of Queensland; Alison Ross, Partner, HopgoodGanim; Chair, Family Law Committee of the Queensland Law Society and Accredited Specialist Family Law Chair: Judge Margaret Cassidy, Federal Circuit Court of Australia pm Lunch QLS and FLPA Family Law Residential

5 pm Stream 3A Parenting Stream 3B Financial Stream 3C Essentials The things children say Forensic interviewing of children what to consider in family law matters. Review of current empirical literature relating to interviewing children where the purpose is to elicit a detailed and accurate account of an event or situation. Applying the practical guidelines in considering children s evidence and its reliability in family reports and police interviews. Issues relating to children s suggestibility and assessing credibility. Presenter: Professor Martine Powell, Deakin University Chair: Judge Kevin Lapthorn, Federal Circuit Court of Australia Stanford & Stanford ramifications in and out of court This session considers how the High Court decision impacts on the day to day running of cases in the Family Law Court, including: identifying the need for proactive estate planning by family lawyers for clients post- Stanford family lawyers have always been forced estate planners; now they need to become proactive estate planners the impact of financial agreements on estate planning and their overlap with family provision claims. Presenters: Martin Bartfeld QC, Victorian Bar; Peter Szabo, Partner M+K Lawyers and Accredited Specialist Family Law Chair: The Honourable Justice Peter Tree, Family Court of Australia Minding your Ps and Qs in negotiations How to negotiate with professionalism. What s appropriate behaviour and what s not. Presenter: Catherine Gale, Director, Resolve Conflict Lawyers and Mediators Client privilege in negotiation When client privilege might not apply? What then? Presenter: Jennifer McArdle, Barrister-at-Law, Bar Association of Queensland Chair: Callum Campbell, Chief Executive Officer, Australian Mediation Association pm Afternoon tea pm Day 1 Closing plenary Ethical challenges specific to family law This session is presented by a panel of experienced practitioners who will discuss the most topical issues relevant to the ethics of family law practice. Presenters: Judge Kevin Lapthorn, Federal Circuit Court of Australia Martin Bartfeld QC, Victorian Bar Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society Trent Waller, Partner, Carne Reidy Herd Lawyers; President, Family Law Practitioners Association (Qld) and Accredited Specialist Family Law Chair: Dr Jacoba Brasch, Barrister-at-Law, Bar Association of Queensland 4.30pm Close pm Free time 7pm arrival for 7.30pm late Pre-dinner drinks and Residential dinner QLS and FLPA Family Law Residential

6 Saturday 20 July am Registration am Emerging trends in family law Presenters: The Honourable Justice Michelle May, Family Court of Australia, Appeal Division The Honourable Justice Ann Ainslie-Wallace, Family Court of Australia, Appeal Division am Morning tea 11am 12pm Stream 4A Parenting Stream 4B Financial Stream 4C Essentials Personality disorders revisited A brief refresher on personality disorders and underlying science. DSM IV & V what s changed? What s missing? Does it affect our everyday practice? What about ICD? Why are personality disorders important in family law? What is the threshold for diagnosis? Why do people with particular personality disorders act in a particular way and how to deal with them? Presenter: Dr Scott Harden, Psychiatrist Chair: Catherine Bint, Principal, C M Bint Family Lawyers How do you put the genie back in the bottle? This session focuses on the problems with breach of trust suits in the context of: trusts, loan accounts and third parties resolution of unpaid distributions as at date of separation whether to spouse or to third parties potential future complications for directorship etc and future conduct of business/trust/ inter entity loans. Presenter: Dr Mark Sayers, Barrister-at-Law, Bar Association of Queensland The A to Z of running appeals This session provides a step-bystep guide to important aspects of conducting an appeal and review of family law decisions, including: drafting an appeal grounds for appeal when to seek a stay of orders pending an appeal discussion of recent case law considering the costs of appeals. Presenter: Neil McGregor, Barrister-at-Law, Bar Association of Queensland Chair: The Honourable Justice Murray Aldridge, Family Court of Australia 12 1pm Stream 5A Parenting Stream 5B Financial Stream 5C Essentials Is Russell and Close dead? This session provides an up-todate analysis of the principles in Russell and Close when determining parenting matters including: considerations raised by the case of Baranski [2012] FamCAFC 18 recent family violence amendments. Assessment of contributions Smith & Fields close but no cigar This session examines the assessment of contributions made by each of the parties to assets accumulated during the course of a relationship including: authorities in relation to contributions asserted to be special recent authorities including Smith & Fields. Presenter: Tim North SC, Bar Association of Queensland Chair: The Honourable Justice Murray Aldridge, Family Court of Australia Sewing up and setting aside a financial agreement This session will examine the issues associated with preparation of and dealing with financial agreements, including: the legislative framework for a financial agreement to be binding Section 90G(1A) and the parameters of remedial discretion matters to consider when applying to enforce or to set aside a BFA. Presenter: Graeme Page SC, Bar Association of Queensland Chair: Geoffrey Wilson, Partner, HopgoodGanim and Accredited Specialist Family Law QLS and FLPA Family Law Residential

7 1 1.45pm Lunch pm Day 2 Closing plenary So you want to move to Goovigen? An update on relocation This session provides an update on the issues where a parent wishes to relocate with a child or children of the relationship. Presenter: Judge Anne Demack, Federal Circuit Court of Australia Chair: pm Closing Remarks Trent Waller, Partner, Carne Reidy Herd Lawyers; President, Family Law Practitioners Association (Qld) and Accredited Specialist Family Law Presenter: Trent Waller, Partner, Carne Reidy Herd Lawyers; President, Family Law Practitioners Association (Qld) and Accredited Specialist Family Law 3pm Close QLS and FLPA Family Law Residential

8 QLS and FLPA Family Law Residential July 2013 RACV Royal Pines Resort, Ross Street, Ashmore Registration form/tax invoice Register online at qls.com.au/events Delegate information Queensland Law Society number Welcome drinks Thursday 18 July (Extra drink tickets for accompanying partners, or delegates with day-only registration, can be purchased through the registration form or online) I will be attending the conference welcome drinks on Thursday evening (as included in my two-day registration) First name Last name I am a FLPA member eligible for QLS member rate Members and/or partner tickets $25 Number of tickets Non-members and/or partner tickets $35 Number of tickets Name of delegate(s)/accompanying person(s) attending: Organisation Postal address City/Town Phone (bh) Postcode Fax Dinner tickets Friday 19 July I will be attending the conference dinner on Friday evening (as included in my two-day registration) Members and/or partner tickets $145 Number of tickets Non-members and/or partner tickets $165 Number of tickets Name of delegate(s)/accompanying person(s) attending: Special dietary requirements Member registration TWO-DAY conference registration (all prices inclusive GST) Earlybird by 21 June 2013 $980 Standard by 16 July 2013 $1225 ONE-DAY ONLY conference registration (all prices inclusive GST) Earlybird by 21 June 2013 $620 Standard by 16 July 2013 $775 I will attend on: Friday 19 July Saturday 20 July Non-member registration TWO-DAY conference registration (all prices inclusive GST) Earlybird by 21 June 2013 $1275 Standard by 16 July 2013 $1590 ONE-DAY ONLY conference registration (all prices inclusive GST) Earlybird by 21 June 2013 $805 Standard by 16 July 2013 $1005 I will attend on: Friday 19 July Saturday 20 July Payment Please note that full payment must accompany registration Course code: Registration subtotal Welcome drinks ticket(s) subtotal Dinner ticket(s) subtotal Total payment (inc GST) My cheque payable to Queensland Law Society Inc is enclosed Please debit my credit card (Diners Club is not accepted) Visa Mastercard QLS Amex Amex Card number Cardholder name Expiry date / Amount $ Cardholder signature Concurrent sessions Very important (please tick the stream you wish to attend) Friday 19 July am 11.30am 1pm pm Saturday 20 July 11am 12pm 12 1pm All prices include GST. This document will be a tax invoice for GST purposes when you make payment. Please retain a copy of this for GST records. 1A 1B 1C 2A 2B 2C 3A 3B 3C 4A 4B 4C 5A 5B 5C Privacy: Queensland Law Society (the Society) respects your privacy and is committed to the Information Privacy Principles contained in the Information Privacy Act 2009 (Qld). The Society collects personal information about you to provide services to you, to improve the quality of those services, and to provide you with information about other services we offer. For these purposes, we may disclose your personal information to organisations to whom we outsource functions such as market research and to our service entities. The Society also uses this information to conduct research for the development of educational and professional programs. At any event held by the Society, your image may be photographed or filmed at any time throughout the event. 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