• CPD Points: 1.5 [PS] [SL]
  • Price: $45.00
  • Area: Family Law
  • Delivered: August 2016
Digital Content
  • Recording
  • PDF of Slides
  • Paper (18 pages)

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Description

Spousal maintenance is rarely applied for or ordered on a final basis. At a time when the economy is such that home ownership is out of reach for most working couples, there is little property which can be divided under s. 79. When income earning capacity is said to the most valuable asset a party can take out of the marriage, spousal maintenance should be available to fill the void, but is it? In this seminar, Mr Martin Bartfeld SC seminar will look at the following:

  • A historical overview.
  • When should you be looking at making a maintenance application? 
  • How to craft orders which are likely to appeal to the Bench (i.e. not some sort of ambit claim).
  • When to throw in an application for monies for legal costs. 
  • What are the common pitfalls which cause you to lose? 
  • How to fill out part N so you don’t lose. 
  • How best to defend such an application? 
  • Do you cross-examine? What about?
  • Difference between urgent maintenance and interim maintenance? 
  • What sort of discovery are you entitled to/should get prior to running the interim (in Federal Circuit Court).
  • What are the common mistakes people make in completing the financial statement.
  • A quick run though establishing need and capacity.
  • How to best try and limit an order if you’re on the paying end.

Martin Bartfeld, Barrister, Owen DIxon Chambers East

About the Presenter:

Mr Martin Bartfeld QC graduated from Monash University in 1973. He was admitted to practice in Victoria in 1974 and commenced as a solicitor on his own account in 1975 until signing the Roll of Counsel in 1986. He was admitted to practise as a barrister in NSW in 1987. He was appointed as QC in 1998. He practises in Family Law and Domestic Relationships matters in the Family Law Courts and in the Supreme Courts of the States and Territories. He was the chairman of the Family Law Section of the Law Institute of Victoria from 1983 to 1985. He is a member of the Editorial Board of the Australia Journal of Family Law. He was a member of the executive of the Family Law Section of the Law Council of Australia between 2000 and 2012. He was chairman of the Section in 2005.

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About the Presenter:

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About the Presenter:

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About the Presenter: