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Recorded Webinars

Recorded Interactive Webinar: Proving De Facto Relationships: Shifting Thresholds and Unusual Outcomes

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 peopl

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About the Webinar

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

Presented By

John Spender
Principal, Kennedy Partners Melbourne, Vic

John is a partner of Kennedy Partners.  He is recognised throughout the Melbourne family law community as a leading family lawyer and has expertise in all areas of family law, including complex parenting and property disputes, financial and child support agreements, and international matters involving forum and jurisdictional disputes.

John has been practising in family law since 1993.  After working in various firms, including a major eastern suburbs law firm in Melbourne, he joined Kennedy Wisewoulds (as the firm then was) in 2007, and became a partner of the firm in 2012.

John has been an accredited family law specialist since 2003. He has been a member of various committees of the Family Law Section of the Law Institute of Victoria since 2003 chairing the Maintenance and Property Sub Committee between 2011 and 2018 and the Courts Practice Committee from 2019 to 2022.

John was a sessional teacher and marker within the family law elective of the Graduate Diploma in Legal Practice Course with the Australian National University between 2011 and 2016. He has been a sessional lecturer and tutor at Deakin University since 2021.

John is regularly sought out by legal publications and continuing professional development (CPD) providers to contribute to the pool of discussions around the interpretation, and evolving nature, of the court’s approach to resolving family law disputes. He was a consulting editor as to family law precedents for LexisNexis between 2013 and 2015. In June 2019, John co-organised and presented at a family law conference in Malta, involving judicial officers, lawyers and psychologists from each of Malta, Australia and the United States.

As part of John’s membership of committees of the Law Institute of Victoria, he has been involved in law reform. He was the principal author of a submission to the Victorian Attorney-General in 2004 advocating for the registration of same sex relationships, which legislation was enacted in 2008. Again, in 2015, he contributed significantly to a submission to the Commonwealth about proposed amendments to the law concerning financial agreements. By reason of his long involvement in and commitment to the family law community through such committee work, in May 2019 was honoured with a Certifcate of Service from the Law Institute of Victoria and a Distinguished Service Award from the Law Institute of Victoria in 2023.

John is well respected throughout the Melbourne family law community for his practice, knowledge, and approach to family law. Since 2016, John has been annually recognised by Doyle’s Guide to the Australian Legal Profession.

John is a member of the Law Institute of Victoria, the Family Law Section of the Law Council of Australia and the Association of Family and Conciliation Courts. He has been a Fellow of the International Academy of Family Lawyers (“IAFL”) since 2015 and the President-Elect of the Asia-Pacific Chapter of the IAFL since February 2024.

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.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

OPTIONAL ONLINE QUIZ

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email:

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