Evidence in Family Law Proceedings

Join me at the Law Institute of Victoria on Monday 14 November to explore the next instalment in their ‘Essentials In Family Law’ Series. On this occasion we will investigate “Evidence in Family Law Proceedings”.

There are specific rules of evidence that apply to family law proceedings, but many lawyers new to this area have difficulty finding education that sets these rules out in a clear and concise manner. This new two-part workshop offers the opportunity to learn in an interactive setting and get feedback on your progress.

Part 1

You will explore the relevant rules of evidence, including those from the Evidence Act 2008 (Vic) and the Family Law Act 1975 (Cth), to provide you with a better understanding of the evidentiary requirements in this legislation.

• understanding the legal framework of the evidentiary requirements in the relevant legislation, including the standard of proof, relevant evidence and hearsay
• how opinion evidence should be used in a matter
• the tendency rule and its practical application
• how client legal privilege intersects with evidentiary requirements and overcoming the challenges associated with this
• the impact of Division 12A of the Family Law Act 1975(Cth).

Part 2

Building on learning from Part 1, this session will provide you an overview of several key topics related to evidentiary proceedings in family law. A draft affidavit will be disseminated prior to the session, which will be settled by our expert presenters throughout the course of the workshop.

Don’t miss this unique opportunity to expand your knowledge of the evidentiary requirements you must comply with as a family law practitioner, as well as the chance to collaborate with your peers.

Topics will include:

• common pitfalls in drafting affidavits
• evidentiary issues in the technological age
• the status of recorded telephone communications, face-to-face conversations and other interactions
• do’s and don’ts for presenting a persuasive affidavit at the interim and trial stages
• bringing corroborative material before the court – the theoretical will be balanced with the practical.