Gain guidance in key areas where junior family law practitioners commonly struggle. From the outset learn what to take away from the initial client conference and how to prepare for your first appearance in the Family Court. Get insights into drafting Applications and Affidavits in line with the Court Rules and the Evidence Act and understand the key elements of strong submissions. Lastly, takeaway valuable tips for trial preparation, cross-examination strategies and how to produce new documents to challenge evidence. Designed to help you navigate common hurdles, this course will boost confidence and competence in your family law practice.
11.00am to 11.15am Break
11.15am to 12.15pm Submissions: What Structure to Consider and What Should They Contain!
- Understanding your case theory: the thread that defines every step of your case
- Other questions to ask before putting your case to paper
- Drafting your Opening submissions
- Structure to consider: define the narrative for the Court (and your case)
- The law
- The facts
- The dispute(s)
- Content
- Chronology
- Structure to consider: define the narrative for the Court (and your case)
- Drafting your Closing submission
- When should you prepare
- Cross-reference (accurately and fairly) with evidence
- Link to opening
- Put your client’s case
- Common traps
- Instructions are not evidence
- Unnecessary verbosity/hyperbole/attacks on parties
Presented by Grant Tyrrell, Barrister, Plymouth Chambers
12.15pm to 1.15pm Cross Examination Including Producing Documents at Hearing to Challenge the Evidence
- Evidence Act: overview of principles
- Lawyers’ duty to court vs client
- Professional etiquette
- Tips for preparing for trial and what you can or cannot say to your witness in preparation for questioning
Presented by Amy Malone, Barrister, Surrey Chambers
Learning Objectives:
- Learn what you need to consider from the first interview to first appearance
- Gain insights on drafting affidavits and applications in Family Court proceedings
- Understand how to draft your submissions, what structure and what content
- Explore cross examination including producing documents to challenge the evidence
Description
Attend and earn 4 CPD hours
Chair
Helen Tyree, Director, McWilliamsTyree Lawyers
9.00am to 10.00am The Initial Conference through to your First Appearance before the Family Court…
- The initial interview:
- Understanding how best to run your case for the best results
- What are you looking for
- Information required to run the best case
- Preparing for your first appearance in the Family Court and what should orders/applications might you consider seeking
- Getting the evidence in
Presented by Jo Naidoo, Partner, Norris Ward McKinnon
10.00am to 11.00am Drafting Applications and Affidavits in Family Court Proceedings
- Requirements of the Family Court Rules 2002
- Consideration of the Evidence Act 2006
- What should be in an affidavit?
- What should not be in an affidavit?
- Tips and tricks for drafting
- Drafting an affidavit in support of urgent Applications
Presented by Sarah Bush, Barrister, Wyndham Chambers
Presenters
Grant Tyrrell, Barrister, Plymouth Chambers
Grant has significant litigation experience across jurisdictions in the District and High Courts through to the Court of Appeal. He has been appearing as lead counsel in criminal trials, including those heard before a Judge and Jury and in the Family Court jurisdiction for nearly two decades. Grant has successfully argued high profile cases to the Court of Appeal including Surrey v Surrey the first, and leading case, argued before the Court of Appeal under the (then) Domestic Violence Act. Grant has been appointed to the Lawyer for Child Panel and is regularly asked to assist the Court as Lawyer to Assist or Amicus Curiae. He is known for his clear, honest and pragmatic advice and clients appreciate his straight forward and thorough advice often at the most stressful times of their lives. Grant has served on Law Society committees and as President of the Canterbury-Westland Branch of the New Zealand Law Society.
Sarah Bush, Barrister, Wyndham Chambers
Sarah has been practising in family law for over 20 years. She is committed to working with clients to find solutions to their legal problems, whether by negotiation or court proceedings. She is experienced in all areas of family law including; relationship property, spousal maintenance, care of children and domestic violence. Sarah was the first lawyer in New Zealand to successfully argue an economic disparity case for her client. She is a trained mediator and has conducted a large number of family mediations.
Amy Malone, Barrister, Surrey Chambers
Amy has over 20 years’ experience as a litigation and dispute resolution lawyer. For the past 7 years, Amy has worked alongside Stuart Cummings at Surrey Chambers, specialising Family Law. Amy has particular expertise in relationship property and care of children matters, and regularly represents clients in proceedings before the Family and High Courts.
Jo Naidoo, Partner, Norris Ward McKinnon
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.
Helen Tyree, Director, McWilliamsTyree Lawyers
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.
