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CONFERENCEFAMILY LAW CONFERENCEOctober 2015

13 CPD hours

THE FUTURE POSITIVE

... an outstanding educational and social programme which promises to provoke, stimulate, challenge, educate, inspire and entertain.

SPONSORED BY

FAMILY LAW CONFERENCEFROM THE CHAIR

I extend a warm invitation to all family lawyers to register for the 2015 NZLS CLE Family Law Conference in Dunedin.

In the wake of recent hard-hitting legislative reforms, the theme of this conference is “The Future Positive”. A superb line-up of international and national speakers and an outstanding educational and social programme promises to provoke, stimulate, challenge, educate, inspire and entertain.

International speakers will present on the use of technology in family law, the science and art of dealing with business valuation evidence, international family law, pre-nups (past, present and future), and shared-parenting (what works and what does not).

In the hands of our national experts, we will consider the social value of family law, how the scope of family law practice can be broadened to survive changing times, ethics for family lawyers, interim financial relief, tax implications in relationship property settlements, estate litigation, capacity (children and adult), children’s memory, vulnerable children (CYPTFA), Lawyer for Child issues, domestic violence, and access to justice. We will also be updated on trust law, spousal maintenance, economic disparity and recent child support changes.

There will be two pre-conference workshops, one on advocacy, the other on alternative ways to resolve disputes (arbitration, mediation, collaborative law).

Whether you are a practicing family lawyer, an academic or a judge, this is a not-to-be-missed opportunity to update and reinvigorate, enjoy the collegiality of friends, and party like a Scot - against the backdrop of our stunning city, hills, harbour, and peninsula.

I am looking forward to seeing you in Dunedin in October!

Anita Chan QC

13 CPD hours

CONTENTS

Programme at a glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

The programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Chair and international speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

PROGRAMME AT A GLANCE

DAY ONE – 15 OCTOBER

8.15-9.00 REGISTRATION9.00-9.10 WELCOME AND OPENING | Chair: Anita Chan QC

9.10-9.25 PLENARY | Opening Address: The Family Court Post-reforms Principal Family Court Judge Laurence Ryan

9.25-10.25 KEYNOTE ADDRESS | The Art of Practising Family Law: Prof Mark Henaghan 10.25-10.55 MORNING TEA10.55-11.55 PLENARY | Making Technology Work for You: Tom Sasser

11.55-12.10 PLENARY | Family Law Section Update: Dr Allan Cooke

12.10-1.00 BREAKOUT 1: A, B OR C A | Child Support: Jan Chappell & Dr Bruce Smyth B | Interim Relief and Costs: Frances Gush & Alastair Logan

C | Broaden the Scope of Your Practice – surving the changing times: Emily Morrow

1.00-2.00 LUNCH2.00-3.10 BREAKOUT 2: A, B OR C A | Vulnerable Children – CYF’s and a practitioner’s perspective: Robert Bowe,

Dr Allan Cooke & Sharyn Otene B | Hot Topics in the Interaction Between Trusts and Relationship Property:

Vanessa Bruton & Jessica Palmer

C | Ethics: Paul Collins & Dorothy Thresher

3.10-3.40 AFTERNOON TEA3.40-4.40 BREAKOUT 3: A, B OR C A | Spousal Maintenance – are we too timid?: Jane Hunter B | Capacity: Prof John Dawson, Nigel Fairley & Iris Reuvecamp

C | Tax Implications of Relationship Property Settlements: Assoc Prof Shelley Griffiths

4.40-5.25 PLENARY | Business Valuations in Family Law Cases: Mike Mason

7.00-7.30 PRE-DINNER DRINKS

7.30-12.00 CONFERENCE DINNER AND DANCE – PARTY LIKE A SCOT!

DAY TWO – 16 OCTOBER

8.30-9.25 PLENARY | The High Conflict Post-Separation Shared-Time Family: Dr Bruce Smyth

9.25-10.10 PLENARY | Children’s Memory – implications for the Court: Prof Harlene Hayne

10.10-10.45 PLENARY | Past, Present and Future of Pre-nuptial Agreements: Ian Kennedy AM

10.45-11.15 MORNING TEA

11.15-12.15 BREAKOUT 4: A, B OR C A | Lawyer for Child – has the landscape really changed? l: Belinda Inglis & Jason Wren B | International Financial Disputes: Anita Chan QC, Ewan Eggleston, Ian Kennedy AM &

Tom Sasser

C | Wills and Estates – challenges in practice: Vicki Ammundsen & Stephen McCarthy

12.15-1.15 LUNCH1.15-2.15 PLENARY | Family Violence – a complex issue: Her Hon Judge Ida Malosi & Prof Julia Tolmie

2.15-3.15 BREAKOUT 5: A, B OR C A | Domestic Violence in the New Evidential Environment: Her Hon Judge Jill Moss & Stephen van Bohemen

B | Searching for a Legal Advice Oasis: Caryl O’Connor & Bridgette Toy-Cronin

C | How to Cross Examine an Expert: Mike Mason

3.15-3.25 LEG STRETCH3.25-4.25 PLENARY | Section 15 - Property (Relationships) Act: Vivienne Crawshaw

4.25-4.35 CONFERENCE CLOSE | Chair: Anita Chan QC

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PROGRAMME

DAY ONE – 15 OCTOBER

8.15-9.00 REGISTRATION

9.00-9.10 WELCOME AND OPENING | Chair: Anita Chan QC

9.10-9.25 PLENARY – OPENING ADDRESS

The Family Court Post-reforms .

Presenter Principal Family Court Judge Laurence Ryan

9.25-10.25 KEYNOTE ADDRESS – THE ART OF PRACTISING FAMILY LAW

Family law goes right back to the first written code on law . It is essential to the well-functioning of any society, changes rapidly and is constantly challenging to practise . The best way to practise family law is the focus of this session .

Presenter Prof Mark Henaghan

10.25-10.55 MORNING TEA

10.55-11.55 PLENARY – TECHNOLOGY

Making technology work for you – how technology can be used in your practice for greater efficiency and profitability .

Presenter Tom Sasser

11.55-12.10 PLENARY – FAMILY LAW SECTION UPDATE

An update from the Chair of the Family Law Section .

Presenter Dr Allan Cooke

12.10-1.00 BREAKOUT SESSION 1: A, B OR C

A – CHILD SUPPORT | Jan Chappell & Dr Bruce Smyth

Sweeping changes to the New Zealand child support system were introduced on 1 April 2015, featuring a dramatically different system for the calculation of child support . There is much anecdotal evidence that separated parents frequently structure - or try to structure - their parenting arrangements for financial gain from the child support and family benefits systems . But is this the case? In the first part of this session, the key ‘nuts and bolts’ of the new formula are summarised, and the potential pressure points for strategic bargaining are considered . In the second part of the session, the extent to which changing the formula in Australia led to an

increase in strategic bargaining over child support and parenting time is examined .

B – INTERIM RELIEF AND COSTS – A TOOLBOX | Frances Gush & Alastair Logan

The strengths and weaknesses of each of the following will be discussed and when each is most effective:

• Interim distributions • Interim spousal maintenance • Restraining orders • Injunctions.

C – BROADEN THE SCOPE OF YOUR PRACTICE – SURVIVING THE CHANGING TIMES | Emily Morrow

Practical advice on making the most of your strengths and searching out new opportunities .

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1.00-2.00 LUNCH

2.00-3.10 BREAKOUT SESSION 2: A, B OR C

A – VULNERABLE CHILDREN – CYF’S AND A PRACTITIONER’S PERSPECTIVE | Robert Bowe, Dr Allan Cooke & Sharyn Otene

This session will look at the impact of the recent legislative changes, including: • Services and support, fiscal implications for Home for Life • Special guardianship • Subsequent children • New requirements for parenting plans • Investigative processes • Legal aid implications.

B – HOT TOPICS IN THE INTERACTION BETWEEN TRUSTS AND RELATIONSHIP PROPERTY Vanessa Bruton & Jessica Palmer

The interaction between relationship property division and trusts continues to be the subject of extensive judicial consideration. This session examines key decisions with a particular focus on methods, both direct and indirect, through which trust structures can be undermined in the course of relationship property division and ways in which the chances of such undermining can be reduced .

C – ETHICS | Paul Collins & Dorothy Thresher

A practical interactive session focused on ethical issues arising in family law practice and helping lawyers to manage vulnerable and difficult clients, deal with conflicts, and avoid difficulties with fees and fee charging practises .

3.10-3.40 AFTERNOON TEA

3.40-4.40 BREAKOUT SESSION 3: A, B OR C

A – SPOUSAL MAINTENANCE – ARE WE TOO TIMID? | June Hunter

Economic realities of modern separation have caused a renaissance in adult maintenance . But the law remains firmly in last century, un-amended in any meaningful way since enactment . Are we too timid? What are the current legal trends and issues in maintenance? Get an update on the fast moving law and practical tips whether you are acting for an applicant or respondent .

B – CAPACITY | Prof John Dawson, Nigel Fairley & Iris Reuvecamp • General proposition of capacity • Adult capacity • Rebutting presumption of competence • PPPR thresholds.

C – TAX IMPLICATIONS OF RELATIONSHIP PROPERTY SETTLEMENTS | Assoc Prof Shelley Griffiths The session will be about the tax implications of relationship property settlements, especially in relation to “revenue” assets and land .

4.40-5.25 PLENARY – BUSINESS VALUATIONS IN FAMILY LAW CASES

• Valuations – why are they needed? • Valuation – art or a science? • The valuation process – doing the ground work • The five contentious valuation areas • Different valuation methodologies • A guide to analysing the accounts • Dealing with problematical areas.

Presenter Mike Mason

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7.00-7.30 PRE-DINNER DRINKS

7.30-12.00 DINNER AND DANCE – PARTY LIKE A SCOT!

DAY TWO – 16 OCTOBER

8.30-9.25 PLENARY – THE HIGH CONFLICT POST-SEPARATION SHARED-TIME FAMILY

Most shared-time arrangements tend to be made by separated parents who respect each other as parents, who cooperate, who can avoid or contain conflict when they communicate, who can compromise, and who have arrangements that are child-focused and flexible . But in some families, shared-time parenting occurs in the context of, or indeed may be the product of, entrenched parental conflict . While much is now known about high functioning cooperative shared-time families, far less is known about the high conflict shared-time family, particularly children’s and parents’ wellbeing in these families, and how separated parents stuck in high conflict make shared-time arrangements “work” – practically, emotionally and financially . In this session, Bruce will present new data on high conflict shared-time families, and encourage delegates to consider the implications of these findings for legal practice .

Presenter Dr Bruce Smyth

9.25-10.10 PLENARY – CHILDREN’S MEMORY – IMPLICATIONS FOR THE COURT

Based on more than two decades of research, we now understand the best way to interview children in both the criminal and family court . Despite this understanding, untested interview procedures continue to creep into practice as interviewers attempt to obtain more complete accounts, particularly from young children . In this presentation, Harlene will outline recent research in which the effects of some of these techniques were examined and will discuss the implications of the findings for obtaining children’s testimony .

Presenter Prof Harlene Hayne

10.10-10.45 PLENARY – PAST, PRESENT AND FUTURE OF PRE-NUPTIAL AGREEMENTS

The history of pre-nups, their place in the modern legal world, the lessons to be learned and the issues to consider to optimise outcomes and minimise risk .

Presenter Ian Kennedy AM

10.45-11.15 MORNING TEA

11.15-12.15 BREAKOUT SESSION 4: A, B OR C

A – LAWYER FOR CHILD – HAS THE LANDSCAPE REALLY CHANGED? | Belinda Inglis & Jason Wren

A practical session about the impact on the role of Lawyer for Child in light of the recent law reforms . Topics to be considered:

• Duty to assist negotiation and the round table meeting • Costs contributions • Self-represented parties • Where are we at with specialist reports? • Complaints - how are they best handled?

B – INTERNATIONAL FINANCIAL DISPUTES | Anita Chan QC, Ewan Eggleston, Ian Kennedy AM & Tom Sasser

Kiwis are highly mobile . They live in, work and travel to, and meet partners in and from, all parts of the world . This panel session looks at the complications facing family lawyers unravelling the financial consequences when international relationships fail .

C – WILLS AND ESTATES – CHALLENGES IN PRACTICE | Vicki Ammundsen & Stephen McCarthy

In this practical and focussed session Vicki and Stephen will consider the role of good will advice and drafting practices in the context of will validity applications and estate challenges from the perspective of a lawyer in private practise and a family law barrister .

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Subjects covered will include: • Charging an appropriate fee • The use of check lists and on-going education to ensure all relevant matters are

canvassed • Practical advice where disinheritance is on the will-maker’s mind • What happens if you end up in court • ADR.

12.15-1.15 LUNCH

1.15-2.15 PLENARY – FAMILY VIOLENCE – A COMPLEX ISSUE

Family violence is a complex issue without a simple solution . The presenters will look at contributing factors, concepts and the social context of family violence . They will then explore different models of, and ways of thinking about, dealing with family violence .

Presenters Her Hon Judge Ida Malosi & Prof Julia Tolmie

2.15-3.15 BREAKOUT SESSION 5: A, B OR C

A – DOMESTIC VIOLENCE IN THE NEW EVIDENTIAL ENVIRONMENT | Her Hon Judge Jill Moss & Stephen van Bohemen

Domestic violence occurs in many forms and proving the more subtle is often difficult . This session will discuss how to prove your evidence in such cases .

B – SEARCHING FOR A LEGAL ADVICE OASIS – LEGAL SERVICE PROVISION AND THE “JUSTICE GAP” | Caryl O’Connor & Bridgette Toy-Cronin

The presenters will examine the rise of self-representation in this environment and in the context of the 2014 amendments – as well as community responses, future developments and the role of the private practitioner .

C – HOW TO CROSS EXAMINE AN EXPERT | Mike Mason • What respective strengths and advantages have the lawyer and the expert got in court? • Understand the psychology of the expert accountant – how do they think and tick – how to

use it to your advantage • Cross examination styles: which ones will work with the accounting expert and which ones

to avoid • How to systematically assess the expert report • Areas to deal with in Court • How to come across as an expert in accounting matters – even when you don’t feel it.

3.15-3.25 LEG STRETCH

3.25-4.25 PLENARY – SECTION 15 – PROPERTY (RELATIONSHIPS) ACT

The economic disparity section, which permits a departure from a strict equal sharing has given rise to a number of significant cases. This session will explore the judicial approaches concerning the jurisdictional hurdles to be passed, including disparity in income in living standards, causal nexus, and approaches on the calculation of quantum . The question of enhancement of one partner’s income is also discussed as more recently this has been accepted as a means by which to calculate the economic disparity sum; not simply the loss to the homemaker’s career prospects . The focus of this session is less on its supposed controversy and more about the section’s application and interpretation thus far .

Presenter Vivienne Crawshaw

4.25-4.35 CONFERENCE CLOSE | Chair: Anita Chan QC

LEARNING OBJECTIVES

In this Conference you will be:

• Updated on topical issues, legislation and case law.

• Able to apply this knowledge in your practice.

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CHAIR

Anita Chan QC, Barrister, DunedinAnita’s practice is in complex relationship property and child law cases, often with an international aspect . She is a former Chair of the NZLS Family Law Section and former Vice-President of the International Academy of Matrimonial Lawyers (London) (IAML) . Anita has presented at numerous national and international family law conferences including in Seoul, Brisbane, Shanghai, Adelaide, Capetown, Vancouver, Singapore, Buenos Aires and Budapest . She is the author of the New Zealand chapter of Family Law – Jurisdictional Comparisons, Thomson Reuters, the ‘go-to’ book for international family lawyers around the world . Anita is a regular guest lecturer at the University of Otago . She is a director of FairWay Resolution Ltd and a former director of ChildFund (New Zealand) . Anita served on the inaugural NZLS Continuing Legal Education Board .

INTERNATIONAL SPEAKERS

Thomas Sasser, Sasser, Cestero & Sasser PA, Florida, USAThomas received his undergraduate degree from The College of William and Mary in 1992, he received his law degree from the University of Florida, College of Law in 1995 . He was admitted to the Florida Bar in 1995 . Thomas is Board Certified as a Marital and Family Law Specialist and a member of the executive council of the Family Law Section of the Florida Bar .

Mike Mason, BDO, Southhampton, UKMike is the head of BDO’s Forensic Services team in Southampton, England and BDO’s leading expert in matrimonial disputes . He has been involved in over 2,000 forensic accounting assignments . Mike is also a Barrister working out of chambers in London at 2 Kings Bench Walk . He has given evidence on numerous occasions in the High Court, the Technology and Construction Court, the County Court, the Crown Court, the Family Court and at Military Courts Martial . He has also assisted in arbitrations and mediations . Mike is responsible for and runs the Bar Council Forensic Accountancy training course for family, criminal and civil barristers . This course is compulsory for all newly qualified barristers . He is an experienced fraud investigator having spent eight years as the external forensic accountant for the Ministry of Defence Police Fraud Squad, assisting them in investigating large-scale procurement fraud . Mike is Welsh and married to an Italian – they have three noisy and expressive children plus foster children who add to the general mayhem .

Ian Kennedy AM, Kennedy Wisewoulds, MelbourneIan is Senior Partner of Kennedy Partners, Melbourne, with an extensive national and international practice . He is a former President of the International Academy of Matrimonial Lawyers, a past Chairman and current executive member of the Family Law Section, Law Council of Australia and editor of Australian Family Lawyer . His other memberships include the Australian Institute of Family Law Arbitrators and Mediators, the Family Law Sections of Law Asia and the NZ Law Society, and various other Australian and international professional associations . He was appointed a Member of the Order of Australia (AM) in 2004 for his services to law, legal education and professional organisations, and received the inaugural Law Institute of Victoria President’s Award in 2004 for outstanding contributions by a practitioner in specialised practice . He lectures widely on family law and related issues nationally and internationally and is an author of many articles, papers and publications on family law and associated topics .

Dr Bruce Smyth, Australian National University, Canberra Bruce is an Associate Professor at the Australian Demographic and Social Research Institute, Australian National University (ANU), and an Australian Research Council Future Fellow . Prior to moving to the ANU, Bruce worked at the Australian Institute of Family Studies, and was a member of the Ministerial Taskforce on Child Support . He has published widely in the area of post-separation parenting, and is on the editorial boards of Family Court Review (USA), Journal of Family Studies, and Australian Journal of Family Law .

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SPEAKERS

Vanessa Bruton, Barrister, AucklandVanessa is an Auckland barrister, practising almost exclusively in trust and estate disputes, including relationship property disputes where trusts are involved . Her practice includes both domestic and international trust disputes where there is a New Zealand law or jurisdiction aspect. She is a member of STEP (Society for Trust and Estate Practitioners) and a frequent speaker at NZLS, ADLS and other seminars .

Jan Chappell, Inland Revenue Department – Legal, ManukauJan has been with Inland Revenue for nine and a half years . She specialises in child support matters, advising and appearing on legislative, administrative and litigation functions on behalf of the department .

Paul Collins, Barrister, AucklandPaul is a barrister practising at Shortland Chambers, Auckland . He has wide experience in areas of professional discipline and regulation in the legal profession . Paul has prosecuted numerous cases in the Disciplinary Tribunal and has also appeared in the High Court and Court of Appeal in cases relating to professional discipline and other aspects of regulation of the legal profession . He is a convenor of the National Standards Committee and has been extensively involved in Standards Committee training since the outset of the LCA . Paul is the author of the Practice Note concerning the functions and operations of lawyers’ Standards Committees and was the consulting editor for The Laws of New Zealand: Lawyers and Conveyancers .

Vicki Ammundsen, Vicki Ammundsen Trust Law, AucklandVicki is a trust practitioner . She has an appreciation of the issues that confront older clients in the context of and interaction between estate planning, residential care subsidy concerns, relationship, family and trust related issues .

Robert Bowe, Ministry of Social Development, WellingtonPractising in England and then New Zealand since 1974 Robert has worked extensively in the family law area. He joined Child, Youth and Family in 2003. As Principal Solicitor in the Office of the Chief Legal Advisor Robert’s focus is CYF litigation .

Dr Allan Cooke, Barrister, AucklandAllan is a practitioner who has a particular interest in proceedings under the CYPTF Act, and within that, a specific focus on issues related to the permanent placement of children who are in care . He has been on the Executive of the NZLS Family Law Section since 2011 and is the current chair of the Section . Allan received his doctorate in August 2014 for his thesis State Responsibility for Children in Care .

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SPEAKERS

Vivienne Crawshaw, Barrister, Unity Chambers, AucklandVivienne has been in practice as a barrister sole since 2008 . She has appeared as counsel in a number of relationship property and children’s cases . Vivienne has presented papers on a range of family law issues to NZLS CLE and other conferences .

Professor John Dawson, University of Otago, DunedinProfessor Dawson was educated in New Zealand and North America, at Otago and Harvard universities, and has taught as a visitor at McGill in Montreal and at the University of Toronto . John’s particular interests are in mental health law, the law governing health information, public law and socio-legal research .

Ewan Eggleston, Barrister, TaurangaEwan is a barrister specialising in all aspects of family law including complex relationship property disputes . He has been in practice for over 16 years . His experience is broad based having worked both in New Zealand and for a number of years in Sydney, Australia . Ewan holds dual practicing certificates and a Masters degree in International Law . He has previously presented at the Lexis Nexis forum and the Australian Family Law Conference .

Dr Anthony Duncan, Capital & Coast District Health Board, WellingtonAnthony has worked in the psychiatry of old age for over 30 years . He is a Fellow of the Royal Australian and New Zealand Psychiatrist and a member of the Faculties of Forensic Psychiatry and the Psychiatry of Old Age . He holds an appointment as visiting psychogeriatrician at Wairarapa District Health Board .

Associate Professor Shelley Griffiths, Faculty of Law, University of Otago, DunedinBefore joining the University, Shelley practised with a major international chartered accountancy practice in corporate and tax advisory work . Her current research is in taxation, particularly the role of human rights in taxation administration, and capital market regulation . Shelley has published on these topics in New Zealand and overseas .

Frances Gush, Family Lawyer, WellingtonFrances has been a family lawyer with over 25 years’ experience both as a Partner in a law firm and a Barrister sole . Her experience covers all aspects of family law but more recently her main interest is in the area of relationship property and trust law . She is also a National Specialist Adviser for Legal Aid Services .

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Professor Mark Henaghan, University of Otago, DunedinMark specialises in family law and is a Barrister and Solicitor of the High Court of New Zealand . He is co-author of Family Law Policy in New Zealand (4th ed LexisNexis 2012) and joint author of Family Law in New Zealand, (16th ed LexisNexis 2014). Mark is the joint author of Relationship Property on Death (2004 Thomson Brookers, which won the 2005 J F Northey prize for the best published law book in New Zealand), Relationship Property Consolidated Legislation and Analysis (2001 Brookers Thomson Group) and sole author of Care of Children (2005 LexisNexis) . He is the sole author of Health Professionals and Trust (2012 Routledge) . Mark was the principal investigator of the Human Genome Project – Ethical and Legal Implications – funded by the New Zealand Law Foundation.

Jane Hunter, Barrister, AucklandJane is a barrister practising from Southern Cross Chambers in Auckland . She graduated with an LLM (Hons) from Auckland University . Jane has practised law since 1990 . She now concentrates on family, specialising in cases involving trusts, or closely held companies and parallel claims in equity, agency or for breach of contract .

Professor Harlene Hayne, University of Otago, DunedinProfessor Harlene Hayne is the Vice-Chancellor (President) at the University of Otago . Her specialist research interests include memory development, interviews with children in clinical and legal contexts, and adolescent risk-taking . Professor Hayne is a Fellow of the Royal Society of New Zealand and of the American Psychological Society . She is the Associate Editor of Memory and of the New Zealand Journal of Psychology . In 2009 she was awarded the New Zealand Order of Merit for services to scientific and medical research and in 2012 she was awarded an Honorary Doctor of Science from Colorado College . Professor Hayne is also the Co-chair of the Office of the Prime Minister’s Science Advisory Committee Working Party on Reducing Social and Psychological Morbidity during Adolescence and the Co-Director of the New Zealand Innocence Project.

SPEAKERS

Belinda Inglis, Belinda Inglis Lawyers, MastertonBelinda has practised in Masterton since 1996 doing a wide range of family law work . Prior to 1996 she worked in Wellington doing a broader range of litigation work . Belinda’s current work includes appointments as lawyer for the child, for the subject person in PPPR Act proceedings, and in Mental Health Act proceedings . She is approved to conduct mediations for the Family Court and under the new FDR process . Belinda has a post-graduate certificate in children’s issues from the University of Otago . She was a member of the FLS CYPTF Act standing committee, and is now a member of the FLS Advisory Panel .

Alastair Logan, Ross Dowling Marquet Griffin, DunedinAlastair has a diverse common law practice . While local government and resource management work is currently the most substantial part of his practice, he also has expertise in civil, family, and criminal law . He was a member of the FLS Practice and Procedure Committee and a co-presenter of the 2005 seminar on the Care of Children Act .

Her Hon Judge Ida Malosi, District Court, ManukauJudge Malosi has a long history of involvement in the care and protection and youth justice areas, having been both counsel for child (as it then was) and youth advocate for many years before being appointed to the Bench in 2002 . In early 2013 she was seconded to the Supreme Court of Samoa where she was instrumental in establishing the Family and Family Violence Courts there, as well as strengthening its Youth Court jurisdiction. Having returned to New Zealand in July of last year Judge Malosi is once again sitting in the Pasifika Youth Courts, back in the Family Court fold, and leading the Crossover Court at the Manukau Youth Court .

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SPEAKERS

Stephen McCarthy, Barrister, ManukauStephen practises in family and civil litigation . He has a particular interest in property and estate disputes . Stephen has practised as a barrister since early 2006 and prior to that was a litigation partner in a Manukau City firm for over 20 years . He was convener of the ADLS Mental Health and Disability Law Committee 1991-1995 and Family Law Committee 2001-2003 . Stephen has presented Law Society seminars and conference papers on mental health, family and property law topics .

Emily Morrow, Executive Consultant, AucklandEmily, BA (Hons), JD (Hons, Juris Doctor), was a lawyer and senior partner with a large firm in Vermont, where she built a premier trusts, estates and tax practice . Having lived and worked in Sydney and Vermont, Emily now resides in Auckland and provides tailored consulting services for lawyers, barristers, in-house counsel, law firms and barristers’ chambers focusing on non-technical skills that correlate with professional success; business development, communication, delegation, self presentation, leadership, team building/management and the like .

Sharyn Otene, Barrister, Qudrant Chambers, ManukauSharyn (Nga Puhi) has been in family law practice for over 20 years, predominantly in South Auckland . She has extensive experience in CYPTF Act proceedings . Sharyn has been a member of the Executive Committee of the NZLS Family Law Section since 2012 and is currently Deputy Chair .

Jessica Palmer, Faculty of Law – University of Otago, DunedinJessica is a senior lecturer at Otago University and teaches courses in contract, equity and commercial law . She has published articles and essays on issues of equity and restitution and is an author of Equity and Trusts in New Zealand (Butler (ed), 2nd ed, Thomson Brookers, 2009) . Jessica is a graduate of Auckland and Cambridge Universities and has worked at a large national law firm and as a judges’ clerk.

Her Hon Judge Jill Moss, District Court, WellingtonJudge Moss has been a Family and Youth Court Judge for 20 years, following a practice in Family and Medico Legal work . She presided over a Family Violence Court for 6 years . Her presentations and writing have focussed on matters of excellent practice, and principled understanding of family violence and all aspects of child Law .

Caryl O’Connor, Community Law Otago, DunedinCaryl is the Managing Solicitor and has worked at this community law centre for 20 years . She also assists with advising local social service charitable organisations on legal issues, manages the volunteer programme involving law students and lawyers, and participates in the community legal education programme .

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SPEAKERS

Iris Reuvecamp, Partner, Claro, WellingtonIris has specialised in health law for over a decade . While practising in the UK, She acted for a range of healthcare regulators, and advised the National Health Service on a wide range of matters, with a particular focus in primary care . On returning to New Zealand in 2006, She took up a role as Senior Legal Counsel at a large DHB . Since returning to private practice, Iris has advised on all aspects of the law relating to the provision, regulation, management, and funding of health and disability services . Iris has a particular interest in issues relating to capacity, and has extensive expertise in the law relating to the provision of aged care, mental health and disability services .

Professor Julia Tolmie, University of Auckland, AucklandJulia currently teaches criminal law and criminal law and policy at the University of Auckland . She has served as chair of the Family Violence Death Review Committee since December 2011 and recently served as a member of the New Zealand Government’s Expert Advisory Group on Family Violence . She has been the editor of the Law School’s alumni magazine – Eden Crescent – since 2003 and has served on the editorial board of the Sydney Law Review and Current Issues in Criminal Justice in the past .

Bridgette Toy-Cronin, HamiltonBridgette has recently submitted her PhD thesis on litigants in person in the NZ civil courts . She has a BA and LLB(Hons) from Auckland and a LLM from Harvard . She has previously worked as a Judges’ Clerk and a civil litigator .

Dorothy Thresher, Barrister, OhaupoDorothy Thresher is a LCRO, with long-standing interest in professional ethics . She has practiced as a barrister and solicitor, been a local Law Society Council and Standards Committee member, Waikato University lecturer and IPLS instructor .

His Hon Judge Laurence Ryan, Principal Family Court Judge, WellingtonHis Honour Judge Ryan was educated at Selwyn College, obtained an LLB at Auckland University and was admitted to the Bar in 1973. He joined the late Brian Shenkin in partnership in 1975, becoming a Barrister sole in 1988 specialising in Family Law . Judge Ryan was appointed to the District Court bench in 1996 and has been Principal Family Court Judge of New Zealand since November 2012 . Judge Ryan has been a member of various Judicial Reference Groups and Working Groups, and a member of the Family Court Education committee where he helped co-present at a number of seminars and conferences for Family Court Judges . He is also, together with the Chief District Court Judge, one of New Zealand’s Hague Network Judges .

Stephen van Bohemen, Barrister, ChristchurchStephen is a barrister, practising in Christchurch . He is a member of Atticus Chambers . His practice is predominantly family law and his current caseload is approximately 60% relationship property and 40% child law . Stephen has presented seminars both locally and internationally on a variety of family law topics . He is a contributing editor to Brookers Family Law – Family Procedure and Family Property .

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SPEAKERS

Jason Wren, Barrister, ChristchurchJason has practised exclusively in the area of family law in both the North and South Island for over 20 years . His areas of expertise relate primarily to relationship property and care of children disputes . At the same time, Jason regularly represents children in the Family Court in all matter of proceedings . He has presented often in legal education settings .

WORKSHOP ONE: WED 14 OCT 1-5PM ADVOCACY

Presenting a case in Court remains a core skill for a family lawyer . A court hearing is not a procedural and evidential free-for-all but a carefully structured process designed to enable those who need an adjudication from the Court, to resolve their dispute, to be fairly heard . A well run and organised hearing is the best way to ensure that issues are placed squarely before the Court and the Judge is given the best opportunity to craft an enduring solution .

This workshop will address such issues as:

• the leading of evidence• cross-examination• re-examination• the preparation and presentation of opening/closing

statements• the preparation of written evidence• the cross-examination of experts .

It is designed not only for those new to Court practise but also those who feel that a reminder of what to do, and what not to do, is timely .

The presenters are all experienced in the art of Courtroom advocacy and have experienced the highs and lows of the Courtroom experience .

Active participation will be encouraged .

PRE-CONFERENCE WORKSHOPS (ADDITIONAL CHARGE APPLIES)

WORKSHOP TWO: WED 14 OCT 1-5PM OTHER ARROWS IN YOUR QUIVER

The time is right to look at alternative ways of resolving disputes . This interactive workshop will introduce you to three alternative methods of resolving disputes in family law practice; collaborative, mediation and arbitration . Each alternative will be examined then, by working through fact situations, you will improve your understanding of how and when each works for the best outcome .

Simon Jefferson QC, Barrister, AucklandSimon Jefferson QC is a family law specialist with more than 30 years’ experience who graduated from the University of Auckland, spending a number of years working overseas before returning in 1981 .

His Hon Judge Tony Walsh, District Court, WellingtonJudge Walsh was appointed to the District Court in Wanganui in 1996 and transferred to Wellington in 2003 . He practised in Hastings from 1972 and was the President of the Hawkes Bay District Law Society 1995 – 1996 . Judge Walsh is a graduate of Auckland University .

Margaret Casey, Barrister, AucklandA barrister since 1992, Margaret has specialised in cases involving international conventions, relationship property and mediation of family property disputes . Leadr trained, she has undertaken many complex mediations since then involving relationship, trust and family protection issues .

Hon Robert Fisher QC, Barrister, AucklandHon Robert Fisher QC, LLD, FAMINZ, is a former High Court Judge, the author of a text book on relationship property, and a full time arbitrator and mediator .

Moira Green, Family Lawyer, AucklandMoira is a family lawyer who trained as a collaborative practitioner in Sydney in 2007 . She helped set up New Zealand’s first collaborative training in 2009 . She believes that collaborative practice results in good outcomes for families and is rewarding for practitioners .

Fiona Mackenzie, Mackenzie Elvin, TaurangaFiona is an experienced family practitioner and mediator . She has conducted many mediations, both FDR and privately across a range of issues, and more recently has been instrumental in establishing the Tauranga Mediation Centre .

Stephanie Ambler, Partner, Tompkins Wake, HamiltonStephanie graduated from Auckland University in 1999 and has practised in family law since . She has extensive family law and civil litigation experience particularly in the areas of relationship property disputes and claims against estates and trusts .

INFORMATION FOR BOTH WORKSHOPS 3.5 CPD HRS

DATE & TIME: Wednesday, 14 October 1pm - 5pm(These workshops will run concurrently and are each limited to 75 registrants .)VENUE: Dunedin Town HallREGISTRATION DETAILS:Fee $195 (incl GST) each . Please complete the form on the back page .

12

INFORMATION

CONFERENCE DINNER AND DANCE

After a great day of discussion and debate, take the opportunity to enjoy a fantastic night of bagpipes, the haggis ceremony and a “Dunedin” band . Make sure you attend the conference dinner and dance . Theme: Party like a Scot!

BRING A GUEST

If you wish to bring a guest to the dinner the cost is $140 . Please register your guest on the registration form .

ACCOMMODATION

Scenic Circle Southern Cross $201 (incl GST)

Scenic Circle Dunedin City $201 (incl GST)

To secure accommodation at these rates and make your travel arrangements contact: Louise Living at Travel Managers | Email louise .living@travelmanagers .co .nz | Phone: 04 978 2328

CANCELLATION AND REFUND POLICY. Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel the conference if it does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $200 administration fee. After the closing date, there will be no refund. You may transfer your registration until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change.

PRE-CONFERENCE PŌWHIRI AND WELCOME DRINKS – WEDNESDAY 14 OCTOBER

PŌWHIRI AND FAMILY LAW SECTION WELCOME DRINKS The Family Law Section is proud to sponsor this function to welcome delegates to Dunedin for the Family Law Conference. We warmly invite all attending the conference to come and join us following the pōwhiri. This is a well-attended event and a great opportunity to catch up with your family law colleagues from around the country and meet new people . We look forward to seeing you there .

WHEN: Wednesday 14 October WHERE: Dunedin Town HallTIME: 5.30pm - 7pm

VENUE

DUNEDIN15-16 October 2015

Dunedin Town HallHarrop StreetDunedin

LIVE WEB STREAM 15-16 October 2015

At Your Computer

Please note: Live Web Stream registrations close 3pm Wed 14 October

FEE (Incl GST)

The registration fee includes extensive materials, morning and afternoon teas and lunches on both days, and dinner on the evening of day one . Materials are available when you register at the conference .

Early Bird By 16 September 2015 or AFTER 16 September 2015

NZLS members or associate members $ 1,165 $ 1,215

Non-members $ 1,265 $ 1,315

REGISTERONLINE AT: www.lawyerseducation.co.nz POST TO: NZLS CLE Ltd, PO Box 5041, Wellington 6145, DX SP20202

FAX TO: 04 463 2986

ENQUIRIES0800 333 111 cle@lawyerseducation .co .nz

PARTY LIKE

A SCOT!

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FAMILY LAW CONFERENCE REGISTRATION

Last Name First Name Title

Firm/Organisation

Address

PO Box: DX:

Street Address:

Suburb:

Town/City: Postcode:

Phone:

Email:

Dietary Requirements:

FEE (Incl GST)

The registration fee includes extensive materials, morning and afternoon teas and lunches on both days, and dinner on the evening of day one . If you wish to bring a guest to the dinner the cost is $140 .

Early Bird By 16 September

or AFTER 16 September

NZLS/Associate members $1,165 $1,215

Non-members $1,265 $1,315

PRE-CONFERENCE WORKSHOP

Indicate choice in box to the right $195

DINNER GUESTS $140 / guest

Name of Guest 1:

Name of Guest 2:

CONFERENCE FEE PRE-CONFERENCE DINNER GUEST/S TOTAL DUE

$ + $ + ($140 X ) $ = $

PAYMENT

PAY BY ENCLOSED CHEQUE: Payable to ‘NZLS CLE Ltd’

PAY BY DIRECT CREDIT: Acc. Name ‘NZLS CLE Ltd . Acc. Number 12-3192-004-9995-00 (Include your surname & name of organisation as the reference)

PAY BY CREDIT CARD

Card Number:

- - -

Expiry:

/Card security code:

Name on Card: Visa

Cardholders Signature:

Mastercard

Amex

REGISTER ME FOR

DUNEDIN15-16 OCTOBER

LIVE WEB STREAM15-16 OCTOBER

BREAKOUT SESSION CHOICES

Please indicate by ticking boxes below which sessions you wish to attend. Choose one session only per time slot.

Breakout Session 1

Day One: 12:10 - 1 .00pm

A: Child Support

B: Interim Relief and Costs

C: Broaden Scope of Practice

Breakout Session 2

Day One: 2 .00 - 3 .10pm

A: Vulnerable Children

B: Trusts Update

C: Ethics

Breakout Session 3

Day One: 3 .40 - 4 .40pm

A: Spousal Maintenance

B: Capacity

C: Tax Implications

Breakout Session 4

Day Two: 11:15 - 12 .15pm

A: Lawyer for Child

B: International Financial Disputes

C: Wills and Estates

Breakout Session 5

Day Two: 2 .15 - 3 .15pm

A: Domestic Violence

B: Justice Gap

C: Cross Examine an Expert

PRE-CONFERENCE WORKSHOP CHOICES (ADDITIONAL CHARGE APPLIES $195)

1pm - 5pm Wednesday, 14 October

Please indicate by ticking a box below which workshop you wish to attend. Choose one session only.

ONE: Advocacy

TWO: Other Arrows in Your Quiver

PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only.

I do not wish the sponsors to receive my

contact details.