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Pre-Action Procedures and Managing Client Expectations in the FCFCOA
When it comes to managing family law disputes in the FCFCOA, careful consideration of the pre-action process is key. This session provides clarity over how this should be handled, whilst also managing client expectations in this new landscape. It includes:
- Preparing the client for the new requirements
- Importance of ensuring clients understand the new rules
- The importance of identifying issues in dispute and best resolution method
- Notice of intention to start proceedings – when does this apply?
- Filing of Genuine Steps Certificate – understanding a ‘genuine attempt’
- Understanding the case management Pathway under the CPD
- Pre-action check lists for your practice
Interlocutory Orders in the FCFCOA: Practice and Procedure
This session looks at how family lawyers can best navigate the new process for interim orders and hearings in the FCFCOA, with a focus on the following:
- Process and procedure for hearing of interlocutory matter
- Understanding service and notice requirements
- Affidavits in support – some practical tips in preparation
- Process for obtaining hearing adjournment
- The key rules on interlocutory orders:
- timing of filing interim parenting orders: Rule 5.03
- response times: Rules 5.05
- rules on affidavits: Rules 5.07 & 5.08
- Hearings on the papers and supporting submission- Rules 5.13 – 5.15
- Interlocutory hearing checklists
Disclosure Rules: Practical and Procedural Guidelines
This session looks at the disclosure rules and their operation in the new court system, with a focus on the practical and procedural elements practitioners need to consider. It covers:
- The duty of disclosure - an overview
- Rules on duty of disclosure – Rules 6.01 – 6.04
- Disclosure in parenting matters – Rule 6.05
- Financial disclosure and classes of documents – Rule 6.06
- Procedural issues – Rule 6.09
- Subpoenas and Notice to Produce
- Practical and procedural things to watch on disclosure
Managing Cost Risk in the FCFCOA
New cost procedures place even more pressure on practitioners. Care is needed and this session looks at the key issues in managing and reducing cost risk. It includes
- Managing practitioner obligation and client expectation on costs – an overview
- Cost disclosure obligations – Rules 12.05 – 12.07
- Rules on managing legal costs – 12.4.1 – 12.4.2
- Cost orders including failing to comply with the Rules – Rule 12.13 – 12.15
- When might cost orders be made against solicitors
- Security for costs – Rules 12.02 – 12.04
- Calculation of costs – Rule 12.17 – 12.19
- Obligations to manage litigation in accordance with the new overarching principles in the CPD
- Case studies
National Contravention List in the FCFCOA
A key element of the new FCFCOA has been the introduction of the National Contravention List to deal with non-compliance with court orders in family law cases. The changes to the rules are significant, and this practical session examines the new landscape, including:
- Why a new National Contravention List?
- How does the new List differ to how contraventions were previously dealt with?
- Unpacking the Family Law Practice Direction – National Contravention List
- Tips and tricks to navigating the new landscape
- Worked examples and lessons from reported cases referring to the core principles
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