The Law Association of New Zealand

Family Law Conference 2024: Without notice applications: wins and woes (On Demand)

This On Demand was recorded at the Family Law Conference on 26 September 2024.

This session will be practical in its focus and aims to include:

  • A ‘back to basics’ review of jurisdictional thresholds for interlocutory/substantive applications, under different statutes, the Court’s powers and processes on a without notice application when they are (and are not) successful;
  • Applicants: the duty to fully and frankly disclose all material facts;
  • Certification requirements of lawyers as officers of the Court, including what does (and does not) constitute reasonable enquiries;
  • Respondents: the impact (including delays in progression) and options (including applications to rescind) for those served with orders made without notice to them;
  • Examination of the infamous authority on point: Martin v Ryan;
  • A discussion of evidential issues more broadly and a consideration of other relevant cases.

Presenters

Kesia Denhardt

Kesia is a barrister practising in Auckland. She is a member of both Ponsonby Chambers and Kate Sheppard Chambers. She handles all types of family law matters, with a particular interest in relationship property issues arising out of a separation, complex parenting and protection disputes, and reproductive law.

Kesia enjoys making contributions to the legal profession beyond the work she does in practice. She has written and presented legal seminars for NZLS, TLA and Legalwise on various family law issues. She has authored and featured in articles for LawTalk, LawPoints, LawNews, and At The Bar; and is a regular contributor to The Family Advocate. 

Kesia is an appointed member of the FLS Advisory Panel focussed on family law reform. She has been an appointed member of a number of other committees, including the Auckland Women Lawyers’ Association and a NZLS Lawyers Standards Committee. Kesia is also an ambassador of White Ribbon New Zealand; appointed in recognition of her work in assisting victims of family violence. To learn more about Kesia, visit www.kesiadenhardt.co.nz. 


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Aroha Fletcher

Aroha Fletcher is a Senior Associate at Stace Hammond. She specialises in Family law, helping clients navigate and resolve disputes, particularly in high-conflict cases involving children. She is a member of Te Hunga Rōia Māori o Aotearoa and the Family Law Section and has been involved in community initiatives to assist people’s access to family lawyers. 

Aroha currently assists various ethics committees in resolving disciplinary actions for different professional bodies. She previously practised on the North Shore and has been involved in the Royal Commission’s Inquiry into abuse of children, young people, and vulnerable adults in State and faith-based care in Aotearoa New Zealand between the years 1950-99.

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Details

CPD Hours: 0.75hr

Pricing Details

Ticket Price

Member: $86 GST

Non-Member: $120 GST

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