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2021 CPD Intensive – Family Law Stream

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2021 CPD Intensive – Family Law Stream

Date & TimeTBC
Format Intensive, Webinar
Price

Member

$495.00

Non-Member

$650.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue Online, Digital Delivery View Map

The Law Institute of Victoria’s 2021 Family Law Intensive explores new challenges and opportunities that lie on the horizon including the future of Family Courts, agreements in the COVID-19 era, alternative mediation such as parenting coordination and the ability to deal with stressed clients. It also offers further insights into drug testing – a critical issue overshadowed by the pandemic.

Don’t miss this opportunity to debate key developments in the sector and connect with industry leaders and practitioners in the field as you equip your professional toolkit to propel your family law practice forward in 2021.

Further details below.

Exclusive LIV member offer: Receive 20% off the standard member price when you register for both the 2021 Family Law Intensive and Arbitration for Family Law Practitioners. Click here to register for both.

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Program Overview

  • CPD Intensive – Family Law Stream - Friday 19 Mar
    • 8:50 AM Webinar Launch
      The webinar will launch ten minutes before the intensive begins. It is recommended that you log in a few minutes early to test your settings and familiarise yourself with webinar features.
    • 9:00 AM Opening & Welcome

      Welcome, introduction and sponsor acknowledgements.

      Chair: Kepler Ryan, Chair, LIV Family Education Working Group, Senior Associate, Lander & Rogers

    • 9:10 AM Keynote Address – View from the Bench

      With Victoria’s courts having actively changed the way they operate in response to the COVID-19 pandemic and longer-term technological change underway, collaboration and ongoing coordination between all key stakeholders has been key.

      In this keynote presentation, judiciary members will cover the common and avoidable issues arising in matters in Family Court coming out of the pandemic and provide guidance that will assist you when preparing or briefing for an appearance in the current climate.

      Compliance area: Substantive Law/Practice Management & Business Skills

      New keynote speaker announced: The Honourable Justice Jillian Williams, Family Court of Australia

    • 9:45 AM Wellbeing Break
    • 9:55 AM Drug Testing in Family Law Matters

      Supervised drug screen tests can subsequently affect parental responsibility obligations and decision-making while the child is in their care.

      This session will use key cases to highlight various drug screening tests available and experts will discuss the conditions family law practitioners should be including to provide reliable results and how evidence obtained from such tests can be used in interim and final stages of a matter.

      Topics include:

      • Hair follicle testing and urine drug testing – how tests are conducted and results interpreted
      • Pros and cons of each form of testing
      • What factors affect the test results
      • Optimal testing conditions lawyers should consider

      Compliance area: Substantive Law/Practice Management & Business Skills

      Presenters:

      • Dr Dimitri Gerostamoulos, Manager of Toxicology, Victorian Institute of Forensic Medicine
      • Sarah Pullan, Lawyer, CE Family Law
    • 10:55 AM Morning Tea Break
    • 11:15 AM How to Deal with Difficult, Stressed & High Conflict Clients

      We’ve all been there – dealing with difficult, stressed and high-conflict clients.

      Particularly in family law, there is little doubt that client emotions run high. Unsurprisingly, many of our clients are in high-conflict situations and experiencing high stress. Dealing with difficult clients takes a lot of energy and can create additional stress.

      As dedicated family lawyers, knowing how to effectively engage with high-conflict clients is a must. Learning and developing new skills for dealing with stressed or difficult clients is at the cornerstone of our practice.

      This session will explore the underlying nature of high-conflict behaviours and teach you proven, effective techniques for dealing with difficult clients.

      You will learn about:

      • Common characteristics and patterns of high-conflict personalities
      • Practical tips for communicating with difficult clients
      • What NOT to do with difficult and stressed clients
      • Useful strategies for de-escalating high conflict situations
      • How to manage your own stress and emotions during high-conflict situations

      You will leave this session with a deeper awareness of how to interact with difficult clients and effective strategies for breaking the cycle of high conflict interactions.

      Compliance area: Professional Skills

      Presenter: Venita Dimos, Director, The Mediation Company

    • 12:15 PM Lunch Break
    • 12:45 PM Child Support Agreements in the Era of COVID-19 – Martyn v Martyn [2020] FamCA 526

      With the government recently announcing the biggest decline in employment since the 2009 recession and with many businesses set to fail due to the pandemic, the financial circumstances of many family law clients have been, or will be, severely impacted by the COVID-19 pandemic. How will this affect separating or separated families? How will assets be valued? Can the income into the family be maintained?

      This session involves a discussion of the Family Court decision of Martyn v Martyn [2020] FamCA 526 and highlights key considerations for family law practitioners when advising their clients on Binding Child Support Agreements, in light of the COVID-19 pandemic. In particular, what constitutes “exceptional circumstances” and “hardship”, in an application to set aside a Binding Child Support Agreement in the circumstances of a global pandemic.

      Compliance area: Substantive Law

      Presenter: Rachel Peattie, Senior Associate, Clancy & Triado, Accredited Specialist, Family Law

    • 1:30 PM Break
    • 1:35 PM State of Flux – Impact of the Pandemic on Binding Financial Agreements

      The financial impact on Australia’s economy, as a result of business closures, is forecast to hit $50 billion. In the sphere of family law, the financial impact must be recognised as a factor effecting various aspects of a Binding Financial Agreement (such as spousal maintenance, valuations, property settlements and superannuation), so that you can continue to provide accurate advice.

      In this session David uses practical scenarios to explore the following:

      • The impact of JobKeeper as a government benefit on the spousal maintenance provisions of a financial agreement
      • Is there now a greater likelihood of such agreements being set aside because of hardship
      • Should more caution be now adopted regarding the need to obtain properly scoped formal valuations of real estate and businesses
      • The effect of this changed landscape on our formal letters of advice

      Compliance area: Substantive Law/Professional Skills

      Presenter: David Gillard, Consultant, Lander & Rogers; Accredited Specialist, Family Law

    • 2:20 PM Wellbeing Break
    • 2:30 PM Parenting Coordination – What Family Lawyers Need to Know

      It is unfortunate that parenting orders often have gaps or can be ambiguous or confusing, like who looks after children when they are sick and can’t attend school or whether school holidays start on the last day of term or the next morning?

      Having someone punished for breaching an order, doesn’t solve the underlying problem if the parents have differing understandings of what the order means. According to former Chief Justice the Honourable Diana Bryant AO QC, “the court gives a decision – it doesn’t resolve a dispute”.

      As a fairly new concept in Australia, the session will describe both a judiciary and solicitor perspective from the Hon Diana Bryant AO QC and parenting coordinator Vanessa Matthews.

      Topics include:

      • Benefits of parenting coordination
      • The future of Australia’s family law system with respect to this approach
      • Maximising positive outcomes for family law clients using parenting coordination
      • Parenting coordination process and real-life examples

      Compliance area: Professional Skills/Practice Management & Business Skills

      Presenters:

      • The Honourable Diana Bryant AO QC, Former Chief Justice, Family Court of Australia
      • Vanessa Matthews, Managing Director, FDRP and Mediator, Matthews Family Law & Mediation Specialists, Accredited Family Law Specialist and Parenting Coordinator
    • 3:15 PM Afternoon Tea Break
    • 3:30 PM Ethics in Practice

      Facilitated by LIV ethics experts Donna Cooper and Michael Dolan, this closing session brings together attendees of all three intensive streams to collaboratively discuss and formulate solutions to challenging ethical issues that can arise in property, family and succession law practice.

      Discussion topics include:

      • A solicitor’s paramount duty to the court and administration of justice
      • Inadvertent disclosure of confidential material
      • Confidentiality
      • Conflict of interest

      Compliance area: Ethics & Professional Responsibility

      Presenters:

      • Michael Dolan, Special Counsel, Ethics and Professional Practice, Law Institute of Victoria
      • Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria
    • 4:30 PM Conference Close & Virtual Networking
      Following the close of the conference at 4.30pm, attendees are invited to remain online to connect and network with fellow attendees until 5.15pm.

Further Details

  • Full Description & Webinar Details

    Family law evolves and transforms as quickly as the world around us does. With the past year seeing significant changes in the way we live and work this has translated to practice of family law itself.

    What hasn’t changed though is what’s expected of you as a family law practitioner. Being a successful family lawyer still requires the continued ability to anticipate evidentiary burdens and overcome counter arguments, nailing the details of your client’s circumstances, assessing the impact of a case, interpreting the Family Law Act 1958 (Cth), drafting an Application and much more.

    The LIV’s 2021 Family Law Intensive explores new challenges and opportunities that lie on the horizon including the future of Family Courts, agreements in the COVID-19 era, alternative mediation such as parenting coordination and the ability to deal with stressed clients. It also offers further insights into drug testing – a critical issue overshadowed by the pandemic.

    Featuring a keynote presentation by Chief Justice the Honourable Will Alstergren and a session by former Chief Justice the Honourable Diana Bryant AO QC, don’t miss this opportunity to debate key developments in the sector and connect with industry leaders and practitioners in the field as you equip your professional toolkit to propel your family law practice forward in 2021, all while earning six points across all mandatory compliance areas.

    Already fulfilled your CPD requirements? Carry forward up to 3 points accrued between 1 January and 31 March into the next CPD year. Please note, points can only be counted in one CPD year.

    Virtual Inclusions

    • Opportunities to ask questions and interact with our presenters and other attendees via polls, Q&As and digital breakout rooms
    • Short wellbeing breaks following each speaker so you can get up and stretch your legs
    • Supplementary reading material, including PowerPoint presentations used by speakers emailed to all registrants following the intensive
    • Complimentary recording of the intensive

    Registration Details

    Online registrations close 24 hours before this event begins. If you would like to book after online registration has closed, please contact the events team on 03 9607 9473 or register@liv.asn.au.

    Full Pricing Details

    Standard member price: $495
    Accredited Specialist/Young Lawyer/CLC/Tarwirri member price: $338
    Non-member price: $650

    Webinar Details

    LIV webinars offer an interactive learning experience – wherever you are, from any device – and are run through Zoom. Register as you would any of our other in-person education and we’ll send you the webinar link and log in details the morning of the event date.

    Please Note: Instructions are sent to the primary email address linked to your LIV account. If you do not receive an email from us, check the contact details in your LIV profile to confirm the correct email. If you have not received instructions from us within an hour of the event, please contact the events team at register@liv.asn.au or 03 9607 9473.

    For additional information on LIV webinars, see our Frequently Asked Questions.

  • Presenters


    The Honourable Justice Jillian Williams, Family Court of Australia

    Dr Dimitri Gerostamoulos, Manager of Toxicology, Victorian Institute of Forensic Medicine

    Sarah Pullan, Lawyer, CE Family Law

    Venita Dimos, Director, The Mediation Company

    Rachel Peattie, Senior Associate, Clancy & Triado, Accredited Specialist, Family Law

    David Gillard, Consultant, Lander & Rogers; Accredited Specialist, Family Law

    The Honourable Diana Bryant AO QC, Former Chief Justice, Family Court of Australia

    Vanessa Matthews, Managing Director, FDRP and Mediator, Matthews Family Law & Mediation Specialists, Accredited Specialist, Family Law and Parenting Coordinator

    Michael Dolan, Special Counsel, Ethics and Professional Practice, Law Institute of Victoria

    Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria

  • November–March CPD Program


    Make your points count with the LIV

    To maximise flexibility and support you in fulfilling your CPD requirements for the 2020/21 practising year, the LIV has expanded its usual February and March CPD program to begin November 2020.

    The convenient online program is divided into two parts:

    • Part 1 ran from November to December 2020. Recordings of part 1 sessions will be available for purchase on the LIV site, allowing you to earn CPD points in your own time, at your own pace.
    • Part 2 runs from February to March 2021. It contains 22 sessions across 14 practice areas and features the established CPD intensives and conferences you've come to expect, as well as a blend of live webinars and recordings of previous LIV CPD.

    As with all LIV professional development, this program has been developed in collaboration with LIV committees and industry experts. It features a compelling line-up of high calibre speakers and covers 19 practice areas, all compliance areas and all career stages. Choose from a variety of options and formats to fit your schedule.

    Learn more about the November–March CPD Program.