Property and Financial Disputes in Family Law: What Matters in Practice - 3 program recorded conference series

Program 1: When the Court Says No: Navigating Scenarios Where Financial Orders Aren’t Just and Equitable

Family lawyers often focus on advocating for financial orders, but what happens when the Court determines that making any orders is not just and equitable? Since the pivotal Stanford case, this issue has taken on new significance, requiring practitioners to carefully assess the circumstances under which the Court may refuse to intervene. This session delves into:

• The key cases since Stanford where the Court has declined to make financial orders, identifying any emerging trends
• How the Court’s approach in high-value property disputes post-Smith & Fields aligns—or doesn’t—with established principles
• Factors the Court considers when deciding whether it is not just and equitable to make orders, including financial and non-financial contributions, relationship duration, and ongoing needs
• Risk management strategies for practitioners advising clients in cases where no financial orders might be made, including early case assessment and alternative dispute resolution options
• The practical impact of these rulings on client advice, exploring whether such cases are fact-specific outliers or signal a shift in judicial reasoning

Program 2: Pending Final Determination: Managing Interim Applications in Complex Financial Matters

There is a lot to consider when acting for a client in a major complex financial matter. There is a myriad of strategic decisions to make which usually result in multiple interim applications being run to manage businesses, restrain or compel certain actions and/or preserve income or assets pending final determination of property settlement proceedings. Not only is there a lot to consider (and potentially get wrong) but the stakes are also high, and clients quick to sue, when things don’t go to plan. To help family lawyers consider the complexities and strategy of interim considerations in major complex financial matters, this session shall:

• Discuss what to do prior to, and at, your initial consultations to identify interim issues requiring urgent attention
• Use deidentified examples from practice to unpick the various considerations that often arise in major complex financial matters, and the importance of being strategic with interim applications
• Outline the options available at an interim stage and what remedies or practical solutions may lie outside of family law
• Look at the interim orders being handed down in the property matters list - how are such matters currently being dealt with, when may the Court consider it not just and equitable to make an interim order?
• Case study examples focusing on orders restraining third parties and corporate entities

Program 3: I’ve Got the Report – Now What? Navigating Valuations and Expert Evidence in Property Settlements

When an expert valuation report lands in your inbox, it marks a critical turning point in the case. Whether for trial or mediation, how you assess, challenge, and leverage the valuation can significantly influence the outcome of a dispute. But many family lawyers struggle with understanding the report’s strengths and limitations, how to effectively respond, and how to prepare for potential challenges from the other side. This session equips family lawyers with the practical tools needed to confidently navigate the post-valuation process, including:

• What you need to know about valuations, including the valuer’s role, their methodology, common challenges, and the key factors they weigh in reaching their conclusions
• How to critically assess a valuation report, identify weaknesses, determine whether further clarification or additional expert evidence is needed, and develop a strategy for using or challenging the report in negotiations or court.
• When and how to challenge a valuation, tactics for questioning the expert’s methodology, and how to anticipate and respond to attacks from the opposing side
• Common misconceptions lawyers and clients often hold about business valuations and how these can impact settlement negotiations or trial strategy
• Practical steps to integrate the valuation into your case, key questions to ask your expert, and how to structure your advice to clients