ROUNDTABLE Winter 2017
IN THIS ISSUE > Message from the President > Modern Family Law Residential > FLPA Membership Renewals Due > Don’t miss CASE WATCH summaries > QUT Family Law Award > Twilight review – Uncertainty in valuations > Twilight review - Mental health & personality issues in parenting matters > Early Career Lawyer and Seasoned Practitioner Workshop and Wine Tasting > North Queensland Conference goes ahead after Cyclone Debbie > In the news - Community Legal Centres federal funding win > In the news - $80 million budget funding for Family Courts > Upcoming FLPA and other events for 2017 > Heads Up – Court Orders are going digital > Heads Up – Defacto Property Consent Orders > New FLPA logo Download > FLPA Cap Comp > Are you listed on the new FLPA website?
MESSAGE FROM THE PRESIDENT Dear FLPA member I can’t believe we are already in June and I am writing my message for the Winter edition of the newsletter. How the year has flown by! I have previously shared with you that what I have enjoyed most about my involvement with FLPA and have heard from so many of you over the years is that FLPA events are an ideal forum to meet and get to know our peers, expand our knowledge and share our collective experiences for the benefit of our profession. Hosting events which provide regular opportunities for this is something I see as a fundamental part of FLPA’s role and a key benefit to members. In May, we held a twilight seminar presented by James Linklater-Steele, presented in his usual enigmatic style with costumes and props galore. The topic, Dealing with the management of mental health and personality issues in parenting matters, naturally appealed to a wide array of members - both the lawyers and those with a social science background, including several family report writers. It was an ideal opportunity to bring together FLPA members from various backgrounds working in family law. June has also seen us launch a new professional development and networking initiative specifically for early career lawyers. I am passionate about and see it as particularly important to support and nurture those starting out in family law – particularly given the inherent stresses associated with much of our work. FLPA held its first Early Career Lawyer and Seasoned Practitioner Workshop and Wine Tasting to bring together early career practitioners in family law, and the more senior of our family law fraternity. The event, sponsored by and held at the College of Law on June 1, was a resounding success, with concurrent seminars to cater for the diverse experience of our members and a panel discussion where panellists generously shared their experiences and insights about mentoring. If we pause for a moment, whilst FLPA members are generally a very collegiate and welcoming group, if we stand in the shoes of early career practitioners and new FLPA members, it can sometimes be a very daunting prospect to attend Court, a mediation or a networking event for the first few times or to enter the room to a sea of unknown faces, many of whom may already be well known to each other. This is a particularly daunting prospect for those from smaller firms, firms with no other family law practitioners or who may be attending these
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events for the first time or by themselves. It is our role as members, to be inclusive and make all our members and guests feel welcome. As part of the panel discussion at this event I encouraged both the early career practitioners and more experienced practitioners to “get out of their comfort zones” and introduce themselves to someone they didn’t know and be alive to all opportunities to share and/or expand their knowledge. There is a full round up of the event below but moving forward, FLPA events will see further opportunities to include, nurture and support our early career practitioners, to create informal opportunities for mentoring and guidance amongst our members. We have also been busily planning the upcoming QLS & FLPA Family Law Residential on 13 – 15 July 2017. This is a key event and a big week in the FLPA calendar. Each year it creates many opportunities for our members to come together. The program focusing on Modern Family Law has now been released and is shaping up to be a fantastic three days of learning so don’t forget to register – early bird registrations close on 16 June. This year the Residential Dinner is a Rock and Roll theme so it is also time to start planning the wardrobe! In the following week, Wednesday, 19 July, FLPA will proudly be hosting a cocktail function to celebrate the long and illustrious career of Her Honour, Justice Michelle May upon her retirement from the Bench so do save the date. See you at the next FLPA event or until the next newsletter.
Fiona Caulley President
GAIN A BIG PICTURE VIEW OF MODERN FAMILY LAW –
QLS & FLPA FAMILY LAW RESIDENTIAL Don’t miss this year’s QLS & FLPA Family Law Residential – Modern Family Law – on 13 - 15 July at Sheraton Mirage Gold Coast. Featuring once again the famous Great Debate – I have the most important job in the family law system – as well as three concurrent streams over two consecutive days covering children and parenting, property/financial issues, this year’s Residential will also cover all the essential skills for day-to-day family law practice. FLPA President Fiona Caulley says one of the highlight plenary sessions will be the interview with ABC radio journalist and author Madonna King with keynote speaker The Honourable Chief Justice Diana Bryant AO, Chief Justice, Family Court of Australia.
“This session will ‘look back’ on the career of the Chief Justice as she approaches retirement from the Bench and give those who have been inspired by the Chief Justice the opportunity to hear her Honour’s views, opinions, and advice on impactful issues in family law,” Fiona said. “The Great Debate is always another favourite and an enthralling and fun way to begin such a dynamic conference.” Early bird registrations close 16 June, so register now at http://flr.qls.com.au/
LOOK OUT IN YOUR INBOX FOR FLPA MEMBERSHIP RENEWAL You will soon receive your FLPA membership renewal in your inbox. Probably the most cost-effective professional membership around, FLPA’s $99 annual fee gives you access to member prices for great professional development events including twilight seminars, regional workshops, and the annual QLS & FLPA Family Law Residential. Members also get exclusive access to resources and material online. Membership also entitles you access to courtroom support facilities in Brisbane, Gold Coast, Lismore, Rockhampton, Townsville, Toowoomba and Cairns and new resources in the Practitioners’ Room in Brisbane.
To renew your membership, go to www.flpa.org.au and click on Member Login (top right) to log in to your profile using your email address and password and follow the prompts on your profile screen. If you have forgotten your password you will need to click on 'Forgot Password' to be emailed with a link to create a new password. Click here to see the instructions for logging in and accessing your profile. Don’t forget, if you would like your profile to be shown in the FLPA member directory please pay particular attention to step no. 8. If you have any problems or queries please contact membership@flpa.org.au.
business & entity valuations? superannuation valuations? tax advice & structuring? our backyard. Your Forensic Accounting Experts - Peter Haley | John Thynne | Ben Gordon
Click to find out more >> ROUNDTABLE AUTUMN 2017
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DON’T MISS CASE WATCH SUMMARIES Here’s the latest case note prepared with much thanks by prolific case watch contributor Gavin Lai, Senior Managing Solicitor, Emerson Family Law. Case notes like these can be found on the members’ only section at flpa. org.au/casewatch. If you’d like to prepare a case note, please email roundtable@flpa.org.au.
BONDELMONTE V BONDELMONTE [2017] HCA 8 This case is an appeal brought by the father against interim parenting orders. The High Court in this case dismissed the appeal, supporting what the primary judge had found.
BACKGROUND
The mother and father separated in 2010 and in 2014 made parenting orders granting equal shared parental responsibility for their three children (two boys and a girl). In January 2016, the father in breach of the 2014 orders took his two sons to New York. While there, the father communicated to the mother that he had decided to live there indefinitely with the two boys. The mother filed an application to secure the return of the boys.
ARGUMENTS
The father submitted evidence that showed the boys wished to remain in New York with their father. The primary judge accepted this evidence, however, felt that the actions of the father in relocating the boys to New York had significantly prejudiced any statements the boys could make whilst they are in New York. The primary judge ordered the two boys to return to Australia and as it was unclear whether the father was going to return to Australia, ordered that the boys could
live separately with the mothers of their respective friends. The primary judge noted that these were not ideal arrangements as the boys would be split but that the interim order was a temporary arrangement before determining whether the boys should be permitted to relocate internationally.
THE DECISION
On appeal to the High Court, the father submitted that the primary judge did not adequately consider s 60CC(3) (a) FLA – in that the boys’ wishes to remain in New York were not given enough weight. The High Court found that while a court must take the views expressed by a child into account, other relevant factors contributing to the child’s views must be considered – namely the father’s influence. The father submitted that the interim living arrangement orders were invalid as the judge could not make the orders for the boys without first obtaining the boys’ views regarding the matter. The High Court found that while views expressed by a child must be considered, under s 60CD(2), it is not essential to ascertain a child’s views prior to making an interim order. The father also submitted that the judge could not make parenting orders in favour of strangers to the proceedings (namely the mothers of the boys’ friends with whom the boys would live with in the interim). The High Court found that the orders were made in favour of the applicant mother and that s 64C nevertheless provides that parenting orders may be made in favour of “some other person”. The father went on to submit that eligibility of the strangers notwithstanding, not enough was known about them to justify the making of the order. The High Court did agree that more information would have been preferable but considering the urgency of the making an order that gave the boys a place to live once ordered back to Australia, the judge had sufficient evidence to make the order.
Anne-Marie Rice BA LLB (Hons) Nationally Accredited Mediator Registered Family Dispute Resolution Practitioner
“Pre-eminent Mediator” Queensland – 2017 Doyle’s Guide to the Legal Profession
“Leading Family Lawyer”
“Recommended Family Lawyer”
Queensland – 2017 Doyle’s Guide to the Legal Profession
Australia – 2017 Doyle’s Guide to the Legal Profession
For details see www.ricemediations.com.au or ph: (07) 3253 7117 Available throughout Qld, NSW and Vic – travel costs include airfares/accommodation only
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FLPA AWARDS TOP QUT FAMILY LAW STUDENT The QUT Faculty of Law Prize Ceremony held on Tuesday 9 May saw top performing student in the subject of Family Law Abigail Hill awarded the Family Law Practitioners Association of Queensland Prize – Family Law. Pictured here with QUT Assistant Dean (Learning and Teaching), Associate Professor Amanda Stickley, Abigail was awarded $1,000 at the annual event attended by over 150 students, their families, and QUT staff.
The ceremony recognises high achieving students. FLPA is pleased to be able to support the next generation of family lawyers coming through the ranks via these awards.
DEALING WITH UNCERTAINTY IN VALUATIONS: THE GOOD, THE BAD AND THE UGLY
As Cyclone Debbie lashed the coast and rain poured over Brisbane city, FLPA Committee Member and Partner at Grant Thornton Joe Box presented an information packed twilight seminar in March to about 40 members as to uncertainty in valuations.
Have you missed a TWILIGHT?
Buy the video and you can still claim CLE points.
After highlighting the many uncertainties in life – such as cyclones – Joe explained the many variables in valuations through some interesting and practical case studies of a car dealership, a SME energy business and a family property management business. Members were able to walk away with some key tips to better handle valuations including how to: • • • • •
Understand the structure and relationships Obtain the client’s knowledge of how the valuation process ‘really’ operates Gather and document evidence for the valuation Understand the complexities of future maintainable earnings (FME) based calculations Understand reasonableness of value
If you would like to listen to this webinar and claim your CLE points, login in to the FLPA Webinar Shop at http://www.flpa.org.au/webinar-shop/ and buy for immediate viewing.
Hard Copy and EBook
"Ask us for a one week Free Trial" by going to:
www.thefamilylawbook.com.au Use CONTACT US and include the words
Promotion Code: FLPA to receive a subscription bonus.
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DEALING WITH THE MANAGEMENT OF MENTAL HEALTH & PERSONALITY ISSUES IN PARENTING MATTERS James Linklater-Steele
Many cases involve clients claiming their ex-partners have mental health issues or who are experiencing mental health issues themselves. But there are significant risks in trying to prove that an ex-partner is mentally unwell or when dealing with a client facing their own mental health issues. As James told participants in his presentation, anyone could point to various personality traits of other individuals and consider these traits a basis to consider they have a mental health disorder, but it doesn’t mean they are likely to be diagnosed as having one. Take for example the Sesame Street Disorders (pictured right). In a very thorough and entertaining presentation, James highlighted many of the issues you need to be aware of if your client is claiming the other party has mental health issues such as: •
basic DSM-V diagnoses (noting that, the beginning of the manual comes with a warning about the difficulties with using these diagnoses in legal proceedings)
•
helpful resources to assist us to increase our knowledge and awareness about personality disorders and to assist us about how to read medical reports
You can find James’s PowerPoint presentation and some of the helpful resources included in James’s presentation on the FLPA website under Twilight Presentations and Papers. If you would like to listen to this entertaining webinar and claim your CLE points, login in to the FLPA Webinar Shop at http://www.flpa.org.au/webinar-shop/ and buy for immediate viewing. 6
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PRACTITIONERS AND WINES PAIRED FOR A FRUITFUL AFTERNOON Bringing together early career practitioners in family law, and the more seasoned of our family law fraternity, FLPA held a Workshop at the College of Law on June 1 with concurrent seminars running alongside each other to cater for the diverse experience of our members.
•
For the early career practitioners, His Honour Judge Jarrett presented to participants on Process Driven Litigation vs Issues Driven Litigation in Family Law while Bruce Dodd, Accredited Family Law Specialist and Chair of the QLS Specialist Accreditation Committee, presented on "Things I wish I had been told as a young practitioner". Both His Honour and Mr Dodd particularly spoke about the art of reality testing our clients as to the key issues in their matters; and also the importance of improving and perfecting our skills for the drafting for court documents and court orders.
The learnings concluded with an informal panel discussion featuring the speakers from both streams, along with College of Law CEO Ann-Maree David and FLPA president Fiona Caulley.
For the more experienced practitioners, Her Honour Justice Hogan and Tedd Jordan, Barrister, discussed and explored how best to undertake preparation for, and be persuasive as an advocate in, duty list applications. Together they provided helpful pointers to the workshop attendees about: • •
• •
summary determination of children’s cases, including where parties are from overseas applications for dismissal/stay of proceedings on the basis that Australia is a clearly inappropriate forum applications for summary dismissal applications for spousal maintenance
•
applications for anti-suit injunctions, as well as other more common injunctions applications seeking orders for litigation funding.
The panel discussed the benefits of mentoring to support our early career practitioner members as well as the concept of reverse mentoring. Each panel member generously shared their experiences about their own mentors, tales of rookie mistakes they made, stories of the embarrassing question they had to ask, and what they thought made a good mentor or mentee. After the panel discussion, delegates enjoyed wine tasting and the opportunity to network on the Wesley House rooftop. Sommelier and winemaker David from Cush & Cush explained the wine offerings while the ‘pairing’ extended to the sumptuous food served. Thank you to the College of Law who generously sponsored the workshop and hosted the event at Wesley House.
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NORTH QUEENSLAND LAW ASSOCIATION (NQLA) CONFERENCE STILL SHONE AT HAMILTON ISLAND
IN THE NEWS COMMUNITY LEGAL CENTRES GIVEN FUNDING LIFELINE A reversal of “devastating cuts” to funding for community legal centres has been welcomed by Community Legal Centres and workers across Queensland.
Planned federal government funding cuts were to take effect on 1 July however the Federal AttorneyGeneral George Brandis announced recently the government will provide an extra $55.7 million over the next three years to the legal services sector as part of the 2017-18 budget. About $39 million of that money will go to community legal centres and $16.7 million to Aboriginal and Torres Strait Islander legal services. On a state level, the Palaszczuk Government has announced immediate interim funding to give Community Legal Centres more certainty while states and territories await further details. Queensland Attorney-General and Minister for Justice Yvette D’Ath said it was still unclear how much funding would be provided to Queensland.
$80 MILLION FUNDING BOOST FOR COURT RESOURCING It has recently been announced that the Federal Government budget has allocated an additional $80 million to provide further resourcing to Courts and funding in other areas that will ease the burden on the family law system.
Despite Cyclone Debbie ravaging the coast and decimating Hamilton Island, the show went on for the NQLA Conference held in May, which FLPA proudly supported once again. But the cyclone recovery wasn’t the only challenges the conference faced – many delegates were troubled with additional rain, wind and flight cancellations for the weekend meaning fewer delegate numbers. While people’s patience and persistence were tested prior, the Conference proved once again successful providing North Queensland legal practitioners with quality speakers and information. Until 2018, next time in Cairns. 8
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A further $10.7 million will be allocated to be used towards employing additional family consultants who play an important part in contested parenting proceedings through the preparation of family reports that help the Courts in making appropriate orders concerning the living arrangements for children. The Federal Government has also proposed implementing a new pathway for dealing with less complicated family law disputes through the introduction of Parenting Management Hearings (PMHs). These hearings would give self-represented parties much quicker access to a legal process, avoiding the need to resolve their matter through a traditional court process. A further $3.4 million will be used to expand Domestic Violence Units which have been established as part of the Women's Safety Package. This new funding will establish up to six new Units, giving victims of domestic violence access to legal and social support.
UPCOMING FLPA EVENTS & OTHER EVENTS QLS & FLPA FAMILY LAW RESIDENTIAL 2017
The QLS & FLPA Family Law Residential will this year provide delegates with a big-picture view of modern family law and the practical skills you need to be a fearless family law professional in the 21st Century.
Following the conclusion of day one, join your colleagues and peers and receive the rock star treatment at the Rock ’n’ Roll Residential Dinner.
The program features three concurrent streams for you to choose from over two consecutive days, covering children and parenting, property/financial and essential skills in day-to-day family law practice.
WHERE: Sheraton Mirage Resort, Gold Coast
WHEN: 13 – 15 July 2017
Register today and secure 10 CPD points across both-days. Earlybird registration closes 16 June.
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SAVE THE DATE TWILIGHT DRINKS TO CELEBRATE THE CAREER OF THE HONOURABLE JUSTICE MAY FLPA will be holding twilight drinks in honour of and to thank Justice May for her contribution to the family law community as we draw near to her retirement in July. WHEN: Wednesday, 19 July 2017 WHERE: The Rooftop, Wesley House, 140 Ann Street, Brisbane. More information to come.
SAVE THE DATE
SAVE THE DATE
TWILIGHT SEMINAR /WEBINAR ON MAGELLAN MATTERS
TWILIGHT SEMINAR /WEBINAR ON MEDIATION
Join barrister Jeff Bunning on a topical presentation on Magellan Matters.
Join a panel of mediators – Rob Grant, Jenny Rimmer, Anne-Marie Rice and Deborah Awyzio for a robust discussion.
WHEN: Thursday, 17 August 2017 More information to come.
More information to come.
SAVE THE DATE
SAVE THE DATE
FLPA IN THE TROPICS IN CAIRNS – ONE DAY CONFERENCE
DOMESTIC VIOLENCE HALF DAY WORKSHOP
WHERE: Pacific International, Cairns
WHEN: Friday, 3 November 2017 from 1pm
WHEN: Saturday, 18 November 2017 More information to come.
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WHEN: Thursday, 7 September 2017
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More information to come.
HEADS UP COURT ORDERS ARE GOING DIGITAL The Family Law Courts have recently announced that as of 1 July 2017 the Courts will no longer post hard copies of sealed orders by mail to legal representatives. From this time, all court orders, once finalised, will be signed and sealed electronically and available to download from the Commonwealth Courts portal. Digital orders will be rolled out for all self represented litigants and other parties as from 1 January 2018. For more information and directions on registering for access to the ComCourts portal, please click here to see the notices from the Family Court of Australia and the Federal Circuit Court.
DEFACTO PROPERTY CONSENT ORDERS Northern Queensland Registrar Laurie Boyd from the Family Court of Australia / Federal Circuit Court of Australia Cairns, Mackay, Townsville advised of the proposed changes to the Act regarding the ability for parties in a defacto relationship to consent to property adjustment or maintenance orders being made after the expiration of the limitation period. He states: You are no doubt aware that the current provisions of S44(5) do not allow for parties to file an Application for Consent Financial Orders where they were "out of time" – i.e. more than two years after the date of separation. You will recall that I identified this issue in 2011 and it was subsequently raised with the Legal Committee and was then referred on to the Attorney General. I can now advise you that there is (after nearly seven years!) a Bill before Parliament that, inter alia, proposes to amend the Act to allow for parties to a defacto relationship to consent to financial orders being made after the statutory period has expired. I have received no indication of when the Bill may be passed. However, practitioners may wish to consider the advice they give to their clients pending Royal Assent.
DON’T FORGET TO DOWNLOAD YOUR NEW PROUD MEMBER LOGO Make sure you update your marketing material and download the new images below! These are available in Marketing Assistance in the member section of the new website. If you have any problems or queries, please contact membership@flpa.org.au.
DOWNLOAD
new PROUD MEMBER logo
REQUEST A
Member Certificate
SNAP YOUR FLPA CAP If you have got your FLPA cap from last year’s Residential, snap the FLPA cap in an exotic or interesting location and hashtag it #flpacap on Facebook or Instagram or email photo to roundtable@flpa.org.au? You too could win a bottle of your favourite.
Here’s Anne-Marie Rice currently on tour and presenting at the AFCC Conference in Boston proudly wearing her FLPA cap at the Boston Library!
#flpacap ROUNDTABLE AUTUMN 2017
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ARE YOU LISTED ON THE NEW FLPA WEBSITE?
FLPA members not listed on the FLPA member directory on the website are missing a vital opportunity to market themselves. If you would like to ensure other lawyers, referrers and potential clients can see your details, get your profile up on the new website by following the instructions below. Make sure you are careful in the step where you click whether you would like your details to be shown publicly or not. If you don’t follow the instructions carefully, your profile will not show correctly.
MEMBER DIRECTORY UPDATE INSTRUCTIONS 1. Go to www.flpa.org.au. 2. C lick on Member Login (top right) using your email address. REMEMBER: Your old password from the previous FLPA website will not work. 3. You will need to click Forgot Password and you will be emailed a link to create a new password. 4. Accept the Terms of Use by ticking the box (once only). 5. Once logged in, go to Manage your Profile under the Members. 6. Under My Profile, click on Edit profile. 7. Check your details. Add as much information as possible. Most information has come across from the old website database. Please make sure you check you have filled out your REGION. Note too that if you would like your address to be 12
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shown on the members’ directory, you will need to provide an address in the ADDRESS field, not just the POSTAL ADDRESS field (as this will not be displayed). 8. Upload a profile picture and a company logo. 9. I MPORTANT: If you would like your profile to be shown in the FLPA member directory on the website, you must click into the Privacy tab and click Edit Profile, then tick ‘Show profile to others’. Make sure you check down the list of your details and ensure ALL THE INFORMATION you want to show is appropriately selected ‘Anybody’, ‘Members’, or ‘No access’. Best you click ‘Anybody’ for all details. If all your individual details are selected with ‘No access’ but you tick ‘Show profile to others’, your profile will not display correctly. Click Save. 10. On My Profile, click Save. If you have any problems or queries, please contact membership@flpa.org.au. In future, all events and membership renewals will be processed online.
CHILD SUPPORT CARE ESTIMATOR
CONTACT CENTRE INFORMATION
The below button takes you to the Child Support Agency’s Care Estimator and Child Support/FTB Estimator. Bookmark it for easy access and reference.
The ACCSA has a handy new website with information about public and private contact centre waiting times and operating hours. Bookmark it for easy access and reference. Also check out the new FLPA website for a list of contact centres.
View website
TITLES OFFICE
CASE WATCH
The Titles Office website for industry professionals includes:· the Land Titles Practice Manual (how to complete and lodge land registry forms), The fee calculator (calculates the lodgement fees payable on land registry forms), and the latest land registry forms.
FLPA’s library of family law cases continues to grow in Case Watch thanks to our army of FLPA members. Don’t forget to log in to the member section of the FLPA website to check out the cases reviewed.
JOIN FLPA’S LINKEDIN GROUP
If you would like to volunteer to write a case for Case Watch for 2017, please email your interest to
roundtable@flpa.org.au.
FOLLOW US...
If you're on LinkedIn, don't forget to follow FLPA's group. It's a closed group, open only to FLPA members. Click here to find the group.
www.flpa.org.au