POSTGRADUATE PROGRAMS IN FAMILY LAW

TOPICS

THE SUBJECT HAS FOUR COMPONENTS

1. Four short answer questions
2. Two legal writing samples
3. Oral communication (e.g. client interview) assessment held through online conferencing
4. Reflective analysis

TOPICS

• Introduction to family law
• Who is a family and who is a parent?
• Shared parental responsibility and legislative pathways
• Statutory considerations to determine the best interests of the child
• Child abuse and family violence
• Relocation and recovery of children
• Variation and enforcement of parenting orders
• Ethical and professional responsibility issues in children's cases
• Divorce, nullity and validity of marriages

TOPICS

• Jurisdictional issues and spouse maintenance
• Ethical issues, professional responsibilities and duties when acting for a party in family law financial proceedings
• The four step process: introduction and step 1
• The four step process: steps 2, 3 and 4
• Conciliation conference, private mediation and costs in family law proceedings
• Superannuation splitting, and tax, revenue and valuation issues
• Evidence and child support
• Documenting a settlement of a financial matter, and agreement about child support

TOPICS

• Conducting first conference, compulsory mediation and pre-action procedures
• Preparing for hearing
• Commencing proceedings and interim proceedings
• Court events and documents
• Division 12A proceedings and financial proceedings 
• Preparing for and presenting the final hearing
• Dispute resolution
• Evidence
• Ethical Issues, and interlocutory processes and appeals processes

TOPICS

• Practice and procedure – the legislative framework
• Practice and procedure – specific issues
• Parentage - who is a "parent"
• Financial aspects of parenting – child maintenance and child support
• Representation of children and the role of the independent children’s lawyer
• The role of the states and territories in relation to child protection and adoption
• Complex parenting issues for the 21st century
• Practice and procedure – the final hearing, costs and appeals

TOPICS

• Jurisdiction in property matters, ascertaining the asset pool and categorising interests
• Corporations, trusts, partnerships and businesses 
• Third parties, competing claims and bankruptcy
• Cross-border disputes
• Orders, agreements, setting aside and taxation issues
• Interim relief: injunctions, interim orders for property settlement and spousal maintenance
• Advanced issues in child support
• Appeals and stays in family law proceedings

TOPICS

• Introduction to developing and managing a family law practice
• Getting started
• Financial management - Pricing and costs, and leveraging for productivity profit
• Financial indicators
• Risk management
• Systems management
• Marketing management
• Managing people and managing clients
• Managing yourself

TOPICS

• The family law dispute resolution spectrum and legislative framework
• Understanding disputes
• Dispute resolution and specialist lists - Evatt List, Lighthouse, Magellan List and others
• Negotiation
• Family dispute resolution processes and communication skills Issues of power, culture and control
• Child informed mediation, Legal Aid conferences and collaborative law
• Non-adversarial practice and family law - representing the client

TOPICS

• Role of the advocate Preparing for hearing
• Child-related proceedings and financial proceedings
• Evidence Examination-in-chief and witnesses
• Cross-examination and re-examination
• Submissions, reviews, stay applications and the slip rule
• Interlocutory applications and appeals