Drafting Family Law Advice, Affidavits and Applications

Sharpen your skills by attending this practical seminar and receive expert guidance to masterfully draft affidavits, agreements, and applications. Learn to effectively how to draft ‘on point’ affidavits by understanding the rules of drafting and get valuable plain English tips. Hear how best draft contracting out agreements, spousal maintenance and Property (Relationships) Act 1976 Proceedings, plus gain tips on how to obtain further information or documentation from an unwilling party. 

Tuesday, 26 March 2024
9.00am to 10.00am Contracting Out Agreements: Review of Common Problems and Solutions – Recent Cases
  • Highlighting some common issues when drafting s21 agreements 
  • Some cases when problems have arisen 
  • Drafting tips and best practice guidance to avoid common problems 
  • Recent cases and key takeaways 

Presented by Helen Tyree, Director, McWilliamTyree Lawyers  

10.00am to 11.00am Affidavits: Rules Around Drafting and ‘Plain English’ Tips
  • Understanding the purpose of an affidavit 
  • Remembering the rules of evidence 
  • Managing client instructions and expectations  
  • Ethical considerations 
  • Plain English drafting tips 

Presented by Jo Naidoo, Partner, Family Disputes Team, Norris Ward McKinnon  

11.00am to 11.15am Morning Tea
Description
Attend and earn 4 CPD hours
Chair:

Jennifer Perry, Barrister, Wyndam Chambers

11.15am to 12.15pm Spousal Maintenance Applications: How to Draft Successful Applications and Defences
  • Practical checklists and tips for drafting interim and final applications and defences  
  • Interim maintenance orders – how many can you apply for? A quick look at the recent case law  
  • Find out what the trends are in the amounts the Courts have been ordering  
  • Lessons to implement into your practice  

Presented by Jane Hunter, Barrister, Hunter Law 

12.15pm to 1.15pm Drafting Property (Relationships) Act 1976 Proceedings and Tips for Obtaining Further Information or Documentation From an Unwilling Party
  • Applications and affidavits: pleading claims properly and drafting evidence  
  • How to obtain further information/documentation 
  • Interrogatories, discovery, orders for examination, notice to produce documents, Section 38 inquiries
  • What your memorandum for the first judicial review should cover 

Presented by Kristina Dunne, Senior Associate, Haigh Lyon Lawyers; Family & Relationship Property Law Rising Star, Doyle’s Guide 2023  

Learning Objectives:
  • Learn useful tips to drafting contracting out agreements and consider the lessons learnt from real life cases 
  • Receive guidance on how to successfully draft affidavits 
  • Get valuable tips on drafting spousal maintenance applications 
  • Gain tips for drafting Property (Relationships) Act 1976 proceedings and for obtaining further information or documentation from an unwilling party 
Testimonials

They were all fantastic and learnt from all of them today.
High relevant and very useful
Excellent content, excellent presentation

Presenters


Ms. Jane Hunter, Consultant Barrister, Hunter Law
Jane Hunter is a former Auckland barrister with an LLB from Victoria University and an LLM (Hons) in commercial law from Auckland University. She has over 30 years experience in a wide range of litigation areas but is principally known for her hybrid relationship property, equity, commercial and civil cases. Her work is widely known with a number of significant cases, perhaps the most widely known of those being Clayton v Clayton. After a few years break to enjoy living in France and trying to master (as yet not completely successfully!) the French Language and infamous administration, Jane is now working as a consultant and an independent case mentor to assist practitioners with challenging cases and their professional “toolbox” development. Over her time in practise to date she has noted the increasing complexity of cases and therefore the need to draw more on both Equity and Civil/Commercial law. She enjoys working with other practitioners to help them navigate those challenges. She has also recently agreed to re commence writing for Thompson Reuters in their various legal publications including, in the family law area, on Adult maintenance and relationships and International Child Abduction. Jane is presently based in Paris, France. Visitors welcome!


Kristina Dunne, Senior Associate, Haigh Lyon Lawyers
Kristina is a Senior Associate in the family team at Haigh Lyon Lawyers in Auckland. She graduated from Otago University in 2013 and began her career working for an experienced family law barrister, before moving to a specialist family law team in Auckland city. She spent three years working in London, before returning to New Zealand and joining Jennie Hawker and Amanda Donovan’s family team at Haigh Lyon in 2020. Kristina specialises in relationship property, spousal maintenance, and parenting and guardianship disputes. She is a member of the Family Law Section, Auckland Women’s Lawyers Association and has been ranked by Doyle’s Guide (Australia’s independent legal directory of leading lawyers) as one of New Zealand’s relationship property and family law rising stars consecutively since 2022.


Ms. Jo Naidoo, Partner,
Jo is a Partner in the firm’s Family Law team and has a focus on providing practical advice to clients in matters relating to parenting and relationship property. Jo’s expertise allows her to work across a range of family law areas, such as providing advice about care arrangements for clients, considering clients’ needs to protect their assets while in a relationship and advising about the division of assets on separation. Jo is on the Lawyer for Child list and is appointed by the Family Court to act for children in the Family Court.


Ms. Helen Tyree, Director, McWilliam Tyree
Helen is a director of McWilliam Tyree Lawyers, having been an Associate and then Senior Associate at McWilliam Rennie (predecessor of McWilliam Tyree) since 2014. Helen has practiced all areas of family law since 2003. As well as acting for clients in all areas of family law, Helen has undertaken regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act since 2008. Helen is also a contributing author for the legal publication “Brookers Family Law on Family Property”, writing about relationship property agreements (separation agreements, contracting-out agreements, and setting aside those agreements). She also contributed significantly to McWilliam Rennie’s submissions to the Law Commission in relation to their review of relationship property and then succession law. She has presented seminars for Legalwise on a range of relationship property matters, relationship property law developments and on the Protection of Personal and Property Rights Act. Helen Tyree graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Law in Child Law and Policy (with distinction).

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Drafting Family Law Advice, Affidavits and Applications

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Single Session
Tuesday, 26 March 2024
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
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