Family Law Courtroom Strategies: Practical Tactics from Evidence to Enforcement – 5 program recorded webinar series

Program 1: Pre-Action Non-Compliance: Strategies for When the Other Side Won’t Play Ball

Few things derail property settlement proceedings faster than a party who refuses to engage. Whether it’s delay, dishonesty, or outright defiance, non-compliance can stall negotiations, frustrate the court, and inflate costs. This session arms you with practical, tactical responses to keep matters moving, and ensure your client’s position isn’t compromised. It explores:

• The lazy party: managing delay tactics, failure to participate, and chronic foot-dragging
• The dishonest party: combatting incomplete or misleading disclosure and strategic obfuscation
• The obstructive party: responding to ignored obligations, blocked subpoenas, and the enlistment of allied third parties
• When it’s your own client: handling the delicate and risky scenario of client-driven non-compliance

Program 2: Drafting Enforceable Parenting Orders in High-Conflict Matters

When parenting disputes involve entrenched hostility, vague or poorly structured orders can invite endless disputes and enforcement applications. This session focuses on the precision and foresight required to produce clear, workable parenting orders that withstand the realities of high-conflict co-parenting. It covers:

• Avoiding ambiguous language that undermines enforceability
• Drafting for contingencies such as relocation, schooling, and medical decision-making
• Balancing specificity with the need for flexibility over time
• Anticipating and minimising enforcement disputes before they arise

Program 3: Weight Still Matters: Building Strong Evidence in a Relaxed Rules Environment

There is a trend towards making the rules of evidence in family law proceedings more relaxed. While relaxed rules of evidence in family law can provide flexibility, but they also require a more deliberate approach to ensure material is not just admissible, but persuasive. This session focuses on the practical techniques practitioners can use to prepare, present, and structure evidence so it carries maximum weight, even when the formal rules are modified. It covers:

• The intersection between more relaxed rules of evidence and duty to put best evidence before the court;

• The substantive rules of evidence, when they will apply in their entirety and the circumstances in which they may be modified;
• How to approach the gathering of evidence in cases where there are different standards for the rules of evidence (e.g. property and parenting matters when some issues are subject to the stricter rules and others are not.)
• The link between conduct and impact - what evidentiary issues are commonly encountered and tips for avoiding them in the future

Program 4: Single Expert Witnesses: Challenging Reports and Questioning the Expert

In complex property settlement disputes, a single expert valuation can be pivotal — but its usefulness depends on the quality of the instructions, the information provided, and the critical analysis applied once it’s received. A valuation report should be the start of your strategic work, not the end. This session examines how to work effectively with single expert witnesses, test their evidence, and make tactical decisions about how to deploy or challenge their findings. It covers:

• Engaging single experts: getting the letter of instruction right and assessing the report on receipt
• Testing the report: when and how to ask further questions, seek clarification, and address deficiencies
• Using shadow experts and alternative single experts: when they can be brought in and how to do so effectively
• Overcoming barriers to information release: strategies for obtaining key material from third parties, such as medical professionals who resist disclosure

Program 5: The Interlocutory Edge: Tactical Applications in Complex Property Litigation

Interlocutory applications are often the turning point in complex property litigation. From freezing orders to interim distributions, the right application at the right time can preserve the asset pool, change the negotiation dynamic, or relieve financial pressure on your client. This session examines the most effective interlocutory strategies, their procedural requirements, and the risks of moving too quickly, or too late. It covers:

• Urgent injunctions and freezing orders to preserve property or restrain conduct
• Applications for interim distributions and partial property sales
• Strategic use of costs applications during proceedings
• Managing evidentiary requirements for interlocutory relief in complex financial matters
• Weighing timing, risks, and negotiation impact before making an application