Division of Assets in Family Disputes
Understand the impact of separation, divorce or death on your client’s financials. Know the latest Court decisions and their implications. Avoid disputes arising over a family trust. Join leading family lawyers and barristers to understand how you can better assist your clients’ financial decisions in family disputes.
Description
Attend and earn 2 CPD hours
FASEA CPD Categories
Estimated 2 CPD hours in Technical Competence
Chair: William Sinclair, Partner, Business Services, BDO
2.00pm to 2.40pm: Practical Accounting Solutions for Everyday Estates and Family Law Concerns
Work through the different scenarios that you need understand and consider when advising your clients and leave with the answers:
- What happens to superannuation upon the death of a party in family law proceedings?
- How does the Family Court deal with inheritances received during the relationship/marriage, late in the relationship/marriage or following separation?
- What is the interplay between a binding financial agreement and the death of a party to an agreement?
- Can a former spouse challenge the will of deceased party after divorce?
- If Family Court proceedings are ongoing what happens to the deceased party's will?
- What happens if a spouse dies before family law proceedings are commenced?
- How do the time frames for bringing a family law property proceeding impact when a defacto party dies leaving a will?
Presented by Lee Formica, Partner, Family and Relationship Law, Lander & Rogers, Accredited Family Law Specialist
2.40pm to 3.20pm: The Most Important (and Interesting) Family Court Decisions that Impact Your Clients
- Property division: Stanford & Stanford [2012]
- Interim property settlement: Strahan & Strahan [2009]
- Assessing contributions of both parties: Fields & Smith [2015]
- Considering unsecured debts: Biltoft & Biltoft [1995]
- The rights of trustees in bankruptcy: Trustee of the property of G Lemnos v Lemnos [2009]
Presented by Melinda Winning, Partner, Barkus Doolan Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2019
3.20pm to 4.00pm: Family Trust Disputes: Lessons and Opportunities for Accountants
- Identifying common issues and ensuring your clients are aware of possible outcomes of a trust dispute
- Minimising the risk of disputes between family members
- Resolving disputes that arise in relation to the division of family trust assets
Presented by Dimitri Peries, Partner, Robert James Lawyers
Learning Objectives:
- Have the best advice to protect your client’s financials in the event of separation, divorce or death
- Understand the financial implications of recent Family Court decisions
- Know what to advise if a dispute arises over a family trust