The way in which you start a file has implications for its course. In a file involving relationship property or a section 21 agreement, knowing what to cover at the initial interview and how to correspond with the other lawyer/party are key.

This On Demand session provides practical guidance on conducting such files at the vital early stages.

Learning outcomes:

• Understand the steps to take when approached by a client involved in a separation and a client entering a section 21 agreement.
• Gain practical insights into eliciting information from your client and how to approach sensitive issues.
• Receive a refresher about the applicable Rules (Conduct and Client Care, Family Courts) in this context.

Who should view?

Family and relationship property lawyers with up to 3 years' PQE.

More information...

The middle stages of a relationship property matter will determine whether the parties go to court or reach a negotiated settlement.

This On Demand session outlines disclosure obligations and entitlements, set out approaches to negotiation, and highlights 'red flags' should a matter proceed to court.

Learning outcomes:

In the context of a 'standard' relationship property matter:

• Gain a deeper understanding of your obligations and entitlements around disclosure;
• Gain insights into the different approaches to negotiation, and their relative suitability depending on the parties and circumstances; and
• Receive a 'red flags' checklist for when a matter proceeds to court.

Who should view?

Family and relationship property lawyers with up to 3 years' PQE.

More information...

The third and final On Demand session in this popular series addresses hearing-related matters, such as procedure, evidence and argument, to assist practitioners to maximise the chances of a successful outcome for their clients.

Learning outcomes:

In respect of a Relationship Property case:

• Receive guidance about how to prepare and argue a relationship property case in the Family Court.
• Gain insights into how to brief, lead and cross-examine witnesses.
• Gain a better understanding of how to prepare and present oral argument.
• Strengthen your knowledge of the relevant procedures in the Family Court.
• Enhance your understanding in respect of orders, judgments and follow-on matters.

Who should view?

Family and relationship property lawyers with up to 3 years' PQE.

More information...

Two cases decided in 2017 have relevance to the Courts' approach to relationship property.

Zhang v Li [2017] NZHC 129 provides a cautionary tale about the very common practice of parents assisting children and their partners with the purchase of immovable property.

Scott v Williams [2017] NZSC 185 provides insights into the Supreme Court's approach to the question of economic disparity and its effect on the division of property.

Learning outcomes:

• Learn more about how the parties' intention at the time of gifting is key to the Court's decision, and how to prepare for cases where this may be in doubt.
• Gain insights into the economic realities the Courts will focus on when dealing with disputed gifts or loans, and in cases where there is a claim for an adjustment to the distribution of relationship property based on disparity.
• Develop a better understanding of the Court's approach in Scott v Williams and implications of the judgment in relationship property disputes.

Who should view?

All those lawyers who are involved with relationship property disputes.

More information...

Getting information in Relationship Property cases is essential - and yet it can be a slow, frustrating and costly process. The Law Commission is seeking to address the problem, but your cases won't wait.

Presented by a senior family barrister and a senior accountant with experience in such cases, this On Demand session provides key insights into the different avenues for obtaining information, how to deal with barriers along the way, and using the information.

Learning outcomes:

• Improve your understanding about what type of information you should be looking for - and why.
• Become better apprised of the legal tools available to gain information, including notices to admit facts, interrogatories, applications for discovery, and s 38 inquiries.
• Receive guidance on finding and engaging forensic accountants, valuers and private investigators, managing privacy issues and the value they can bring.
• Gain insights into how to work efficiently with your expert.
• Learn approaches for combatting barriers such as obstructiveness, non-existence and destruction.
• Become updated on recent case law on disclosure.

Who should view?

All Relationship Property lawyers.

More information...