Drafting Masterclass for Family Lawyers - Recorded Online Conference

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion.

Our annual 2-day family law conferences are among the most highly regarded professional development events we run, but we realise that not everyone can spare two days out of the office. So we’re offering you a new way to access the experts online – a half-day online conference, focused on drafting maters.

Session 1: The Truly Binding Financial Agreement? – Is Concise Drafting a Key?

Financial agreements must reflect the circumstances of both parties. In a post Thorne v Kennedy landscape, it has never been more important to draft financial agreements with precision, fairness and full disclosure. This session concentrates on drafting essentials in a financial agreement to minimize the risk of invalidity. It includes:

• Ensuring referencing and compliance with relevant sections of Family Law Act

• The independent legal advice clause:

  • nature of agreement

  • effect of agreement on rights

  • advantages and disadvantages of agreement

  • acknowledgement of understanding

• Drafting to show full disclosure on:

  • financial structures

  • tax issues

  • general obligations

• Drafting for clarity and to avoid uncertainty

• The pros and cons of a complex agreement

• Drafting to demonstrate fairness in the terms – dealing with the test for ‘bad bargain’

• Drafting to demonstrate no disadvantage or duress – is this a relevant consideration?

• The problem of false recitals

• Drafting lessons from Thorne v Kennedy [2017] HCA 49

• Drafting Tips

Session 2: Drafting Pleadings Involving Third Parties in Family Law Matters

Dealing with third parties presents particular challenges in the family law jurisdiction. This is particularly evident when drafting pleadings involving third parties, such as parents or business partners of the divorcing couple This session looks at the key issues, including;

• The jurisdiction of the Family Court over third parties – the Federal Court hegemony

• State Supreme Court – matrimonial jurisdiction and transfer

• Who can be a third party and why joined?

• Forms of relief and their impact on drafting

• Drafting the claim against the third party – essential do’s and don’ts

• Case studies in third party pleadings

Session 3: Drafting Enforceable Family Law Orders in Property and Parenting Matters

Drafting enforceable court orders is an important skill for practitioners. The orders must cover all of what your client is seeking, and are enforceable in respect to those wishes. Getting the drafting right is essential, and this session looks at the key issues, including:

• Drafting overview – ensuring the orders do not look like a contractual agreement

• Property settlement drafting essentials:

  • courts powers operate in personam

  • full title on property

  • dealing with personalty

  • payment of a lump sum

  • superannuation

  Dealing with maintenance – lump sum or periodic

• Drafting challenges in children’s matters:

  • child support departure orders

  • dealing with an injunction and/or restraints

  • undertakings and commitments – how to define the obligation

  • attendance at extracurricular events