Resolution of family law property disputes: Expectations and opportunities to keep clients away from the courts

FDR colleagues are invited to a talk on this issue by former Attorney General and now Family Court Justice Robert McClelland on Thursday, 27 April @ 5.30pm at Resolution Institute Level 1, 13-15 Bridge Street,  Sydney.

Most married or de facto couples acquire assets and liabilities during their relationship. Finalising arrangements for property can be complex, expensive and time consuming.

Join the Family Special Interest Group and our guest speaker Justice Robert McClelland to consider some of the issues in property dispute resolution including:

– Pre-trial obligation to make a genuine effort to resolve dispute before starting a case
– Requirement to attempt conciliation before a property matter is set down for hearing
– Operation of Chapter 26B of the Family Law Rules concerning arbitration.

Learn about expectations and opportunities to keep clients away from the courts and better assist in resolving these types of disputes.

About Justice Robert McClelland 

Justice McClelland was appointed a judge of the Family Court of Australia in June 2015 and has practised as a solicitor and barrister. He was elected to Federal Parliament in 1996 and served as Commonwealth Attorney General between 2007 and 2011.

As Attorney General he introduced measures to encourage DR including the Civil Dispute Resolution Act which requires parties to take genuine steps to resolve a dispute before commencing litigation in the Federal or the Federal Circuit Court. He also updated the International Arbitration Amendment Act 2010 and oversaw the implementation of the Model Commercial Arbitration Laws to align State and Territory arbitration laws in accordance with international best practice.

Justice McClelland has a BA LLB from the UNSW and an LLM from the University of Sydney. After being admitted to practice in 1982, he commenced working as an associate to Evatt J in the Federal Court of Australia.

Need help REGISTERING? https://www.resolution.institute/events/category/nsw-sydney-chapter or please contact the Resolution Institute office on (02) 9251 3366.

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This entry was posted in Dispute resolution by Sue Armstrong PhD. Bookmark the permalink.

About Sue Armstrong PhD

Sue Armstrong is an Adjunct Professor in the School of Law, Western Sydney University, Australia. She is an accredited Family Dispute Resolution Practitioner, mediator, conflict coach and a collaborative practice coach. She has published, researched and taught about family dispute resolution. She also supports people to separate compassionately in her family mediation practice Armstrong Mediation.

1 thought on “Resolution of family law property disputes: Expectations and opportunities to keep clients away from the courts

  1. Things are changing fast globally on the need to give humane face to dispute resolution. The classical system of adjudication has maintained the field of dispute resolution for decades even centuries but has not satisfied mastery of dynamics of societal evolution in relation to dispute resolution. Its processes are heavy laden and its end is narrow. Hence, extending a more humane dispute processes especially mediation and conciliation in matrimonial related disputes is a soothing balm. It has a long way to preserve the oldest human institution and where it cannot be preserved any longer and mutual cord has lost its grips, property, custody of children and other allied matters won’t be resistant to intervention of ADR.

    It is a good development and initiator is commended for positive foresight. Australia is my dream country and I know one day I will be there. I want to have my Ph.D in Australia especially in this area of ADR which I have fallen in love with over time. I am seriously craving for full scholarship.

    Like

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