Mastering the Courtroom: Family Law Strategies for Disclosure, Relocation and Contraventions - 3 program recorded series

Program 1: Loose Lips Sink Ships: Disclosure and Publication Challenges under the new Family Law Regime

The recent amendments to the Family Law Act will have a significant impact on the disclosure and use of information in disputes and proceedings, and not necessarily for the better. This session provides a deep dive into the new provisions and how they will affect all aspects of a practitioner’s work, including:

• The ALRC recommendations and background to the new provisions
• What constitutes a “communication” and when is it prohibited?
• Exclusions and limitations in the new provisions
• How will contravention be enforced?
• Details of the enhanced information sharing scheme and the new national framework
• The scope, safeguards and exclusions of the new orders and restrictions on issuing of subpoenas
• The practical implications of the new process – for better or for worse?
• Tips and traps for practitioner compliance
• What should you be telling your client?

Program 2: Up, Up and Away: Family Law and the Relocation of Children

The movement of children, both domestically and internationally, poses significant challenges when opposed or undertaken without the consent of a parent. This session will explore the law, legal considerations and application process in cases involving the relocation of children, and how these processes have changed in light of recent amendments. It covers:

• The perils and pitfalls of applications for relocation
• How to apply for a location order or a recovery order
• Applications for return under the Hague convention and otherwise
• The impact of risk on judicial determinations
• Expected evidentiary changes following the recent parenting amendments
• Criminal consequences of abduction and breach of orders
• Dealing with international jurisdictions, conventions and authorities
• Recent cases and examples – how are matters being decided differently following recent legislative reforms?

Session 3: The National Contravention List: Its Impact and Outcomes

The introduction of the National Contravention List was a response to the increasing non-compliance with both parenting and financial orders. Several years on, has this new process led to better outcomes for families? This session will examine the operation and outcomes of the NCL through a study of cases and examples, including:

• The key objectives on establishment
• The pro’s and con’s of the process
• What has been the impact of the NCL rules on the bringing of contravention applications?
• Are instances of serious non-compliance being appropriately dealt with?
• What constitutes a reasonable excuse?
• Are threatened costs orders modifying lawyer behaviour?
• Are the remedies and orders of the Court achieving the desired practical outcomes for families?
• Are contravention applications the best way to remedy ongoing compliance issues or are there more effective and less costly alternatives?