Relationship Status, Wealth and Risk: Key Triggers in Family Law Disputes - 3 program recorded conference series

Program 1: Proving De Facto Relationships: Shifting Thresholds and Complex Family Dynamics

The legal principles defining de facto relationships are well-established, yet recent judicial decisions reveal a more nuanced and sometimes unexpected approach. Are these trends a temporary shift or a sign of a changing threshold for proving a de facto relationship? As more people age and live separately for lifestyle, medical, or personal reasons, understanding when a relationship qualifies as de facto is essential to help clients avoid unintended family law consequences. This session examines the following:

• In depth look at the cases of note since Fairbairn v Radecki [2022] HCA 18 and the facts which have ultimately led the Court to find that a de facto relationship existed
• Compare and contrast the relevance of living arrangements in such decisions and how the court has viewed alternative living arrangements and the relevance of the reasons supporting such arrangements to the Court’s determination
• What evidence was required to prove the relevant dates of a de facto relationship when there is no shared residence
• Legal implications for clients with complex family dynamics, including blended families and financial interdependencies
• Implications for older clients, particularly in cases involving aged care and later in life relationships

Program 2: Binding the Deal: Ensuring Enforceability of Financial Agreements

Staying on top of recent legal developments is essential for practitioners preparing or advising on financial agreements. The enforceability of a financial agreement often hinges on interpretation, making it critical to understand the latest case law and best practices. This comprehensive session will provide key insights and guidance, covering:

• Analysis of important recent judgments, including Suess & Suess [2024] FedCFamC1F175, Daily & Daily (No.4) [2024] FedCFamC1A185, and Dragomirov & Dragomirov [2024] FedCFamC1A187, and their implications for financial agreement drafting and advice
• Identifying patterns in court decisions and recent trends in financial agreement disputes
• Practical steps to reduce the risk of agreements being set aside or declared unenforceable
• Common pitfalls in drafting and advising on financial agreements, and strategies to avoid them
• Key evidentiary considerations for practitioners and tips for comprehensive advice
• The Daily series of cases including R Lawyers v Mr Daily [2025] HCA 41

Program 3: Child Support Proceedings in the FCFOA: The What, When, Why, and How

Australia's child support system was designed with the intention that child support matters be handled administratively, minimizing the need for court intervention. However, when child support matters do require court involvement, family law practitioners may find themselves revisiting key processes, legal frameworks, and strategies to effectively guide their clients. This session addresses the essential 'what, when, why, and how' of these matters, including:

• When you can take a child support matter to court and the relevant provisions of the Child Support (Assessment) Act 1989 and Child Support (Registration and Collection) Act 1988 that apply
• The circumstances in which the FCFCOA has jurisdiction to consider child support proceedings compared to the circumstances in which it will exercise its discretion to make an order
• Th procedural requirements for running child support proceedings (i.e. what is required pursuant to the Family Law Regulations, the FCFCOA Rules 2021 and Central Practice Direction
• The practicalities of running child support proceedings - what should you include in your application, advice and how to be strategic with your matter