Category: The Brief

When families have to reorganise themselves following parental separation, children often find themselves caught in the emotional crossfire. Parental separation and disputes about what happens to the family home and ‘time spent’ arrangements are, understandably, periods of heightened stress and uncertainty for both adults and children. However, amidst the storm, family lawyers hold a unique and powerful position – one that can help to calm the chaos, reduce the intensity of conflict, and support outcomes that promote a child’s long-term wellbeing.

Family law proceedings often involve complex disputes that require expert testimony to resolve intricate issues. Expert conferences, also known as ‘conclaves’ are meetings where experts from both sides come together to discuss their opinions and attempt to reach a consensus.

“It is important to consider the ‘floodgates’ argument. That is, these principles, which should only apply to exceptional cases, may become common coinage in property cases and be used inappropriately as tactical weapons or for personal attacks and so return this Court to fault and misconduct principles in property matters.”

For centuries, the legal profession has prided itself on structure, process and tradition. But as the world around us changes – families, workplaces, communities, even the concept of justice itself; the question is no longer whether the law will evolve. It’s whether we will. In March 2026, the legal and interdisciplinary professions across Australia and NZ will converge at ICC Sydney for Disrupting Tradition: Innovative Strategies in Family & Estates Law, hosted by the Family Law Education Network (FLEN) and co-hosted by JustFund.

Kate Greenwood – National Director – Innovation & Communication, Family & Relationship Law, Lander & Rogers

Kate joined Lander & Rogers in 2012 as a family lawyer, practising across all areas of family law for six years. Today, she leads innovation and communication for the Family & Relationship Law team, pioneering process improvements and collaborating with technology providers and designers to streamline service delivery. She also plays a key role in communicating the practice group’s strategy, ensuring clarity, alignment, and engagement across teams.

In Persson & Marchand [2024] FedCFamC1F 758 at [51], Schonell J sagely observed that “the choice of expert is very much a lottery” and that “it is for that reason that the Rules permit[s] a party to seek leave to tender and/or adduce evidence from another expert.” So, what options are available when your client loses the single expert witness lottery?