State of Family Law Series
Exploring best practices in Family Violence
Presented by
Smokeball and FamilyProperty are proud to present a complimentary six-part webinar series that will explore critical issues related to family violence. The webinars will explore various topics such as understanding the patterns, nature, and dynamics of family violence, safety planning, dispute resolution, navigating the legal system, making financial claims, and managing vicarious trauma.
Over five weeks, we will hold six webinars featuring 14 expert speakers from across the family violence sector. The speakers will provide practical guidance, valuable insights, and relevant resources to support your work in dealing with family violence.
The series is designed for professionals engaged in family violence work and you can join the series as a whole or choose the sessions that interest you most, as each webinar is independent and does not require prior attendance.
By joining the series, you will:
· Gain first hand learnings from experts across the family violence sector.
· Learn practical tools and frameworks to help you navigate complex issues related to family violence.
· Develop your confidence and knowledge when dealing with family violence.
· Receive the opportunity to claim 1.5 CPD points per webinar*
· We invite you to register for this free webinar series and learn from leading experts in the field.
* Please note that the Law Society is not responsible for accrediting CPD activities on behalf of providers. If this particular educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance. Conditions may differ for each state, so please check with your industry body to confirm eligibility. Smokeball and FamilyProperty are also not responsible for keeping track of individuals' attendance and acquired CPD points, and is also not responsible for dictating which CPD category you should claim your points under.
Understanding Coercive Control in the Family Law Context
The concept of coercive control and related patterns of abusive behavior are central to understanding how domestic violence perpetrators harm the functioning of children, adult survivors, and the family. In this session, David Mandel, CEO of the Safe & Together Institute and the creator of the globally-respected Safe & Together Model, will outline key aspects of their work in the family court context. Key takeaways will include:
- A more comprehensive, holistic way to understand harm to children
- Parental protective capacities
- The intersection of domestic violence, mental health and substance abuse issues
- The benefits of a perpetrator pattern-based approach in situations of cross-allegations and with the documentation of harm to children
Family Dispute Resolution in Family Violence Cases
Understand the unique challenges and considerations involved in representing a client in family dispute resolution with family violence issues. Learn how to effectively conduct mediations both inside and outside of the court process while ensuring the safety and well-being of all parties involved. Key takeaways include:
· Representing a client in Family Dispute Resolution (“FDR”) where there are family violence issues
· Exemptions for Section 60I Certificates where there are allegations of family violence
· Effective conduct of mediations where there are family violence issues
· Best practice conduct of Court-based FDR in family violence matters
FCFCOA Case Management and Processes - Identifying and Responding to Family Violence and other Family Safety Risks
Gain insights into the FCFCOA’s case management pathways and processes for family violence cases and how they impact legal practice. Key takeaways:
· Understand the training undertaken by the FCFCOA on family violence
· Best practice completion of the Notice of Child Abuse, Family Violence or Risk and referrals to the child welfare authority
· Obtain information about the expanded Lighthouse Project model, Evatt List and associated case management processes
· Running a matter in the Magellan List
· Obtain information about the Family Violence and Cross Examination Scheme
· Understanding the Family Advocacy and Support Service (“FASS”) and how it provides trauma-informed and high-quality services to families affected by family violence
Acting for the Victim vs Acting for the Perpetrator
Delve into the challenges lawyers face when representing victims and perpetrators of family violence, including cross-cultural considerations. Key takeaways include:
· The legal and ethical considerations involved when representing victims and perpetrators of family violence
· Advising clients on "unacceptable risk of harm" in family law
· Rehabilitating domestic violence perpetrators, including the differences between anger management and behavioural change programs
· Legal obligations to report family violence and abuse
· Cultural competency and understanding cultural programming
· Acting for culturally and linguistically diverse (“CALD”) families where family violence is present
· Running a trauma-informed and safe practice
Family Violence Financial Claims and the Intersection of Family Law and Personal Injury Law
Explore the intersection between family law and personal injury law in cases of family violence, including how to navigate the different legal systems and procedures. Key takeways include:
· Examine the extent to which the Federal Circuit and Family Court of Australia (“FCFCOA”) are willing to consider domestic violence in property settlements under the Family Law Act.
· Understand the family law cases of Kennon & Kennon [1997] FamCA 27 and relevant cases following Kennon.
· The intersection of family law and personal injury law in family violence matters.
· Running an intentional torts personal injury claim, including limitation periods, and the elements necessary to establish the tort.
· Overview of the Victims Support Scheme.
Ethics and Resilience in Family Violence Cases
Explore the ethical considerations when dealing with family violence cases and strategies for building resilience and managing vicarious trauma. Key takeaways include:
· Better understand the duty of confidentiality and exceptions to confidentiality in cases involving family violence and abuse
· Recognise conflict of interest issues arising in family violence matters
· Understand disclosure requirements, including when and how Family Violence Orders need to be filed
· Explore the obligations and best practice process in responding to subpoena to provide documents relating to family violence issues and understand the proposed amendments for “protected confidences” under the Family Law Amendment Bill
· Learn about the nature of vicarious traumatic stress, including how to recognise the signs and symptoms of it.
· Gain practical strategies to help maintain and promote positive mental wellbeing when managing family violence cases.
Speakers
