OPENING AND WELCOME

– Professor Solangel Maldonado (USA)

BREAKOUT SESSION 1: A or B or C

A: Trusts – their use and abuse – Jessica Palmer and Mike Scannell

Making the most of trusts: a practical look at trust structures to meet clients’ objectives and needs:

• An informative coverage of strategy and recommended structures
  
• Standard “family” discretionary trusts
  
• Mirror vs parallel trust debate
  
• Specialist structures for inheritance
  
• Multi trust structures – “umbrella” trusts
  

Making a mess of trusts: popular ways to bust up trusts

• How the concepts of sham and alter ego can be used to attack trusts
  
• Why shams and alter egos might not be as effective as everyone seems to think they are
  
• Predictions on their future development
  

B: Slip slidin’ away – the conversion of separate property into relationship property – Margaret Briggs and Lynda Kearns

An overview of the ways that separate property can be converted into relationship property, including an in-depth analysis of some recent judicial developments and ways that practitioners can help their clients pro-actively avoid their separate property falling into the general asset pool.

C: To be heard – and to be pressured – Garry Collin and Dr Robert Emery (USA)

“You are the only one that can fix it”

“You can stop me going to Dad’s”

“Mum told me that, Mum doesn’t like Dad” (George aged 6)

The Care of Children Act empowers children and increases their participation rights in the Family Court process. With children’s views playing such a significant role in the decision-making processes of the Family Court, a parent’s best or worst advocate may be their child. This is a fact known to many parents.

This session will discuss children’s views and parental pressures from the perspective of a psychologist and a lawyer.

PLENARY SESSION

Does the whanau have a future in family law? – Chief Mäori Land Court Judge Joe Williams

A discussion of demographic change, multiple cultures and the constitution.

A: Domestic violence – overreacting or underreacting? – Allison Adams and Professor David Fergusson

A session in two parts –

A look at research data on patterns of partner violence examining:

• The prevalence of domestic violence in young adults
  
• Gender differences
  
• The developmental antecedents of domestic violence
  
• The mental health consequences of exposure to domestic violence
  

The findings of this research will be contrasted with the themes that dominate media and policy accounts of the nature of partner violence in New Zealand.

Then a look at the Domestic Violence Act in action:

• The philosophy that drove the Act and whether its aims are being achieved
  
• Is there a better way?
  
• Why are without notice orders harder to get these days?
  
• The impact on children of the Parenting Hearings Pilot on the consequences of a DV order being made without notice
  

B: Running a practice to achieve financial and other balance – Sandy Callanan and Bernadette Farnan

Stressed out about the practice of law and how you are going to fit in your family and other interests? Come and listen to a couple of seasoned campaigners who work to live, not live to work, or at least like the idea in principle.

This session will offer practical advice that will challenge the way you think and the way you practise family law. The session will look at:

• Setting goals – getting priorities right
  
• Set up – terms of engagement
  
• Business relationships
  
• Maximising the $’s
  
• Procedures for maximising the effectiveness of your business
  
• Lai v Chamberlain
  
• Children
  
• Lifestyle – mutuality with other pursuits
  
• Holistic health
  

C: Section 21 agreements – a means to an end – or is it? – Murray Earl and Isabel Mitchell

A practical session involving analysis of issues, and what documents are necessary to achieve a desired outcome.

D: The Parenting Hearing Pilot Programme and a natural justice viewpoint – Grant Illingworth QC and Judge Emma Smith

An overview of the scheme, its operation and intent:

• The natural justice perspective
  
• Practical fairness
  

This is an area of practice that cries out for a fresh approach and the sharpening of skills. The presenter will discuss:

• Unpicking the factual foundations in the reports
  
• The art of succinct cross-examination
  
• Preparing your case and consulting other experts
  

Relationship property hearings often involve assessment of the value of businesses and other assets and assessment of economic disparity. This practical presentation will focus on the case and evidence management required to prove your case, including:

• Thinking about what you are trying to achieve with the accounting evidence?
  
• What you need to do before you engage your expert – pre forensics
  
• What are the assumptions – are they realistic? – are they necessary?
  
• Getting the information
  
• Understanding the basics – how to read tables
  
• Determining form and content of any forensic evidence – importance of clarity and brevity
  
• Section 15 economic disparity examples
  
• Joint instruction of an expert
  
• Simple tips for effectiveness
  

When are circumstances extraordinary enough for equal sharing of property at the end of a relationship to be repugnant to justice? – Trends and themes.

• The knowledge you will need to advise the arrogant, the bitter, and the wronged – s 13
  
• What adjustments can be made for post separation contributions? – the knowledge you will need to advise the deprived, the generous and the mean – s 18(B)
  

B: Child abduction and turbulent international waters – Chief Justice Diana Bryant, Family Court Australia, Judge Lex de Jong and Stephen van Bohemen

The Hague Convention concerning international child abduction has now been part of New Zealand law for over 15 years. The Convention was originally devised to address the world wide problem of fathers abducting their children to other countries in search of a hiding place or a sympathetic judicial ear. Now the tide has turned, and the profile of the abducting parent is more likely to be a mother returning to her country of birth.

The relevance and effects of the Hague Convention remains topical, particularly in light of high profile decisions issued by the New Zealand Supreme Court and Court of Appeal over the past 24 months. In some instances, these decisions have been viewed to be in direct conflict with authorities from other Convention countries.

This presentation will provide an in depth examination of the very latest appeal court decisions, points of international difference and explore the deep waters of international relocation.

C: For love or money? – when does a relationship start? – Justice Paul Heath

In cases where there is no marriage or civil union how do you identify when a relationship starts?

D: Personality disorder – an afternoon at the movies – Hana Ellis and April Trenberth

One personality-disordered client can disempower or even take over a Family Court process. But, in this session we will take time out to be entertained by some famously disordered personalities.

• We will also address the burning questions:
  
• What exactly is a personality disorder?
  
• How does it happen?
  
• What do we do with these people?
  
• How do we get help for them?
  
• Is the Family Court the right or wrong place for them?
  
• How do we keep ourselves safe?
  
• Should these people be allowed to have their children?