Webinar recording | Getting family law agreement across the line: tips and traps
31 December 2019
Getting family law agreement across the line: tips and traps
On 8 November 2017, the High Court handed down its long-awaited decision in Thorne v Kennedy. In allowing the appeal, the High Court made news by making it clear that it is not enough that both parties to a 'binding financial agreement' under the Family Law Act have received independent legal advice.
Nichola talks about the court's findings in Thorne v Kennedy and what to do where one party to an agreement may be at a disadvantage due to poor English language skills, age, capacity issues or other circumstances.
The Thorne v Kennedy case highlights the level of care required by lawyers when their clients enter into family law agreements, whether those agreements are formalised by binding financial agreements or consent orders. Nichola draws on her experience to pass on some tips about how to get an agreement 'over the line' including reference to:
- Consent orders;
- Capacity issues;
- Litigation guardians
This presentation is relevant to mediators, lawyers and practitioners involved in family law.
Purchase the recording and gain valuable CPD points.
Nichola Di Muzio heads the family law team at Thynne + Macartney and she has more than 20 years’ experience in family law. She is a Queensland Law Society Accredited Specialist in Family Law and holds a Masters of Law.
Nichola helps clients find a course through the sometimes difficult territory of parenting matters including relocation disputes, child protection and child abduction (interstate and overseas). She assists clients with matrimonial and de facto property settlements, pre-nuptial and post-nuptial agreements, spousal maintenance, asset planning (including trusts, wills and estates), paternity issues, domestic violence matters, divorce, spousal maintenance and child support.
She completed Family Dispute Resolution studies at the Queensland University of Technology and gained advanced training in Collaborative Law. Nichola uses this training to encourage non-adversarial methods of dispute resolution although she has extensive experience in Court proceedings if needed.
She likes to share her experience and has been involved with QUT’s career mentor program and Griffith University’s industry mentoring scheme for many years. Nichola also volunteers at Women’s Legal Service. She recently joined the Queensland Law Society list of domestic violence lawyers.
Nichola was recently made a Finalist in the 2017 Australian Law Awards in the ‘Special Counsel of the Year’ category.
She is a member of Queensland Collaborative Law, International Academy of Collaborative Practitioners, the Family Law Practitioners Association (Qld), and the Family Law Section of the Law Council of Australia, and is the Treasurer of Women Lawyers Association of Queensland.