Recorded Webinar: Family Law CPD Compulsories

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for family lawyers for the CPD year ending 31 March 2024.

Session 1: Professional Skills

Show Me the [Interim] Money: Running Interim Spousal Maintenance Claims in FCFCOA

It is no secret that a primary goal of the FCFCOA is to encourage dispute resolution and reduce the time of parties to resolve their dispute whether by settlement or following a contested trial. However, for many the new case management pathways and procedures have not resulted in more expedient resolution. This raises the question of what happens in the meantime? This session will explore how interim issues in property settlement matters ought to be managed and will discuss:

• The difference between the intention and the reality of the new pathways and what lies ahead in the future
• Whether interim spousal maintenance claims have a role to play in the new system and how practitioners should navigate this
• Steps that practitioners could take to assist the Court reduce the number of procedural hearings required in a matter
• The Court's view in relation to interim property settlement applications in the new system

Session 2: Practice Management & Business Skills

Strengthening Your Defences Against Scams, Phishing and Cyber Security Attacks

Around 300,000 cyber-crimes are committed in Australia every year. Many of these incidents arise not from hacking but from the behaviour of people who fall prey to scams, phishing and other social engineering methods. As the recent headlines have shown us, lawyers are no exception. This session assists succession lawyers keep on top of their cyber-security risk by examining:

• The different methods currently employed for scams;
• Spotlight on the particular cyber security vulnerabilities experienced by succession lawyers
• Tips for how to identify scams and fraudulent communications
• Suggestions for systems, policies and steps lawyers can take to minimise their risk
• Potential consequences that can arise following a breach and what practitioners should do if they suspect a breach

Session 3: Ethics

The Ethics Of Acting In Your Client's Best Interests – When Have You Gone Too Far?

The ethical duty to act in the best interests of clients is a paramount principle for lawyers, driving their professional conduct and reputation. However, recent High Court decisions have shed light on the potential consequences when this duty is taken to extremes. This paper delves into the intricate ethics surrounding advocating for clients and explores the delicate balance between zealous representation and overstepping ethical boundaries. By examining case examples and their implications, this session will navigate the nuanced territory where acting in the client's best interests can go too far. This session will examine:

• Understanding the ethical duty: Exploring the foundational principle of acting in the client's best interests and its significance in legal practice
• The ethical rules, codes of conduct, and professional standards that provide guidance on maintaining the appropriate balance in advocating for clients
• Zealous advocacy vs. overzealous representation: Differentiating between appropriate advocacy and behaviour that exceeds ethical limits
• Framework for family lawyers to make sound ethical judgments when faced with challenging situations where the line between zealous advocacy and overstepping exists
• Examining recent High Court decisions and their lessons for practitioners: spotlight on Thorne v Kennedy and Stubbies v James 2