Court Room Procedures in Family Law Matters - 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.

Session 1: Online Evidence in Family Law – What’s In, What’s Out

In our increasingly digital age, it comes as no surprise that parties in both parenting and property matters are seeking to rely on online evidence. However, when is online evidence admissible, and most importantly, how do you formulate submissions to the Court that it is? This session considers evidence on websites, social media, and the cloud that your client argues is critical to their case.

• When is online material considered evidence in parenting matters?
• The rule against hearsay and other rules of evidence in respect of online material
• If online material is admitted, what weight will the court give it?
• The role of social media in parenting cases
• What should you be telling your clients regarding social media usage?
• Do lawyers have an obligation to conduct online searches for relevant evidence?
• When is online evidence considered evidence in property matters?
• How do you submit website material and other online evidence to the Court - examining procedural requirements
• The cloud unpacked; a practical look at where your evidence may be stored, how it is provided to the court and its relevance to property matters

Session 2: Covert Recordings by Parents - Do Two Wrongs Make a Right?

As we move into a faster, technology-driven age, the act of recording audio and video on one’s smartphone can be second nature to many. This practice is becoming more and more prevalent in a society which relies on such recordings as proof or evidence another’s bad behaviour. But can this evidence be used in Court and for what purpose? This session examines the role of recordings in parenting matters and considers:

• What laws govern filming or recording a conversation without the knowledge or permission of the other person?
• Are there criminal penalties?
• When is an improperly obtained recording admissible as evidence in Family Court proceedings?
• What are the Court’s key considerations?
• Probative value versus prejudicial effect to the other party
• Case law update

Session 3: Equity to the Rescue – What Orders are Available to Family Law Practitioners?

Following a relationship breakdown, equitable remedies can be an important tool for relief, as highlighted by the High Court in Thorne v Kennedy. This session sets out a practical guide as to what equitable orders the Court can provide your client, how you apply, and how to best maximise the benefits to your client. It covers:

• Pleadings and preliminary challenges involving equitable remedies
• Equitable claims and remedies relevant to family law:
  • Resulting and constructive trusts
  • Breaches of fiduciary duty and confidence
  • Equitable estoppel and unjust enrichment
  • Unconscionable conduct
• Reasons why equitable relief may be refused
• Recent case update involving equitable remedies