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Recorded Webinars

Recorded Webinar: The Truly Binding Financial Agreement? – Is Concise Drafting the 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
PRESENTED BY Jacky Campbell Partner & Accredited Family Law Specialist - Forte Family Lawyers , Melbourne

Date/Time

About the Webinar

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
    • trusts,
    • companies
    • SMSFs
    • 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 recent cases

Presented By

Jacky Campbell
Partner & Accredited Family Law Specialist, Forte Family Lawyers Melbourne, Vic

Jacky Campbell is a founding partner of Forte Family Lawyers and has practised as a lawyer specialising in family law for more than 30 years. Jacky is recognised as a Leading Family Lawyer in Melbourne by Doyle’s Guide to the Australian Legal Market. Jacky is annually recognised as a Leading Family and Divorce Lawyer, a Leading Family Lawyer (High-Value & Complex Property Matters) and a Leading Parenting & Children’s Matters Lawyer.

Jacky has a Masters degree in Family Law having written her thesis on the relationship of family law and bankruptcy.

Jacky received the Law Institute of Victoria Rogers Legal Writing Award 2004 — for the article “Splitting the Super … and Selling the Home”.

Jacky is the consultant editor of Wolters Kluwer/CCH Australian Family Law and Practice and contributing author to Wolters Kluwer/CCH Australian Family Law and Practice to the Property, Spousal Maintenance, Financial Agreements, Maintenance Agreements, Procedure and Precedents tabs. She writes several chapters of the Wolters Kluwer/CCH Australian Master Family Law Guide, including the superannuation chapter and is the author of the family law chapters in the Wolters Kluwer/CCH Australian Master Superannuation Guide and the Wolters Kluwer Australian Family Law & Practice.

Jacky is a Fellow of the International Academy of Family Lawyers and an Associate of the American Bar Association.

Who Should Attend?

This webinar is suitable for lawyers practising in family law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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