Family Law Interdisciplinary Issues: Tax, Super and Crime
You will examine how to deal with future and unrealised tax liabilities, superannuation pool and complex trust structures in property settlements and financial settlements. Learn how to deal with unrelated and ongoing criminal proceedings and AVO’s in parenting matters and the admissibility of evidence, plus hear from Judge Morley of the Federal Circuit Court of Australia on the court’s approach to criminal offending on property proceedings and financial settlements.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Once seminars are completed, delegates from Western Australia may apply to The Law Society of Western Australia for family law specialist accreditation points. Each application is subject to approval by the Accreditation Committee on a case by case basis and approval is not guaranteed. Your request for points form and attached materials can be emailed to accreditation@lawsocietywa.asn.au
Session 1
Tax, SMSFs and Trusts in Property Settlements
Chair: Gayle Meredith, Principal, Gayle Meredith & Associates
9.00am to 10.00am: Managing Tax in Family Law Property and Financial Settlements
Presented by Peter Bobbin, Principal Lawyer, Coleman Grieg
10.00am to 11.00am: Dealing with Unrealised Tax Liabilities to Produce Equitable Outcomes
- What has changed since Rosati
- Unrealised and hidden tax liabilities you should be aware of
- Why and how unrealised tax liabilities should be recognised by the Family Court
- How to deal with unrealised tax liabilities to produce an equitable outcome
Presented by Nick Gaudion, Director Forensic Accounting, Cutcher & Neale; Part-time Member of the Administrative Appeals Tribunal
11.00am to 11.15am: Break
11.15am to 12.15pm: Dealing with Superannuation Interests in Family Law
- If arguing contributions to superannuation interests, what is the best evidence?
- How to allocate the value of a superannuation interest to periods outside cohabitation?
- A better approach to instructing your expert in superannuation matters
- Tips, tricks and outcomes for each spouse when splitting defined benefit interests
Presented by Jeff Mepham, Forensic Accountant, Cutcher & Neale
12.15pm to 1.15pm: Trusts and Family Law
- When is it property or a financial resource?
- S106B
- Part VIIIAA of the Family Law Act
- Getting access to the information about the Trust
- What defences can be run by Trustees?
Presented by Rose Lockie, Partner, Gadens; Accredited Family Law Specialist
Session 2
Family Law and the Intersection with Criminal Law
Chair: Alison Stenmark SC, Wardell Chambers
2.00pm to 2.45pm: Impact of Unrelated and Ongoing Criminal Matters on Interim Parenting Orders
- Impact on interim parenting orders, including when one parent is incarcerated or on remand
- Parental alienation
- Risk to children and supervision
- Criminal convictions and the effect on “future needs”
- Property settlement and the treatment of proceeds of crime
- Urgent Intervention Matters
- Section 114 restraints
- Recent Court of Appeal decisions
Presented by Alicia Elliott, Director, Holmes Donnelly and Co; Accredited Specialist in Family Law and Renee Smith, Associate, Holmes Donnelly and Co; Accredited Specialist in Family Law
2.45pm to 3.30pm: AVOs and Family Law Parenting Orders
- How AVO’s are dealt with by the Family Court?
- What does the court will take into account
- Evidence required
- Can these orders be over written
- Procedural issues and best practice
Presented by Shannon Rogers, Partner, Barkus Doolan Family Law; Accredited Specialist in Family Law
3.30pm to 3.45pm: Break
3.45pm to 4.30pm: Admissibility of Evidence: s128 Evidence Act
- When can an s128 Certificate be sought?
- Reasons for the court’s refusal
- Why it’s important to consider in an Appeal proceeding
Presented by Ian Coleman SC, Culwulla Chambers
4.30pm to 5.15pm: The Intersection of Criminal Offending on Family Law Property Proceedings and Financial Settlements
Presented by Judge Dillon Morley, Federal Circuit Court of Australia
Presenters
Gayle Meredith has practiced as a specialist family lawyer for over 30 years. She holds a Bachelor of Commerce and Bachelor of Laws from the University of New South Wales. In 1993 the year in which the Law Society of NSW Specialist Accreditation Scheme first commenced she became accredited as a family law specialist under the scheme. Gayle is also a Nationally Accredited Mediator under the Commonwealth Government Mediator Accreditation Scheme. She has been a member of the Family Law Committee of the Law Society of New South Wales, as well as a member of the Family Law Committee of the Specialist Accreditation Board of the Law Society of New South Wales
Peter Bobbin is a Principal Lawyer at Coleman Greig, having joined the firm as part of our 2019 integration with Argyle Lawyers. With over 30 years’ experience superannuation and taxation in both the personal and commercial arena, there is no case too complex for Peter. He is well known for his fine planning and strategic skills in the areas of tax, estate and business succession planning, commercial structuring, trusts, ATO litigation management, regulatory compliance and general commercial issues.
Nick Gaudion is the Director of Cutcher & Neale Forensic Accounting and a part-time member of the Administrative Appeals Tribunal. He has assisted in many areas of law including Breach of Contract/Warranty, Trade Practices, Personal Injuries and Family Law matters. His experience covers all stages of dispute resolution from preparation of preliminary estimates to assist with case strategy through to giving evidence in court, including the Federal Magistrates Court, the Family Court of Australia and the Supreme Court of New South Wales.
Jeff Mepham joined Cutcher & Neale's Forensic Accounting division in 2014 and has 25 years' experience in Chartered Accounting and Forensic Accounting. Jeff has extensive experience in commercial disputes and Family Law matters. He has assisted in the preparation of preliminary and concluded opinion reports in the following types of matters: Superannuation valuations and allocation of value to periods of contribution in Family Law matters Valuation of various financial interests including shares, businesses, companies, trusts, partnerships and employee share scheme entitlements; Unrecorded revenue and its impact on valuations; Disputes arising from the purchase and sale of a business; Jeff has also presented on topics such as superannuation.
Sheridan Emerson is a Partner at Pearson Emerson Meyer Family Lawyers and is an Accredited Family Law Specialist. Sheridan was recognised as a Preeminent Family & Divorce Lawyer and Leading Family Lawyer (High- Value & Complex Property Matters) in Doyle's Guide 2019. Sheridan is also a Fellow of the International Academy of Family Lawyers (IAFL). Sheridan practices exclusively in family law.
Alison Stenmark SC is a highly regarded Senior Counsel with a broad practice across both civil and criminal jurisdictions. In addition to her litigation practice, Alison acts as both arbitrator and mediator, also appearing as counsel in complicated arbitrations and mediations in a wide variety of matters, particularly in family law disputes. Her practice sees her appearing in both interstate and intrastate matters across a diverse range of jurisdictions. Alison’s civil practice has encompassed disputes involving lengthy and complex issues of law and fact in tort, contract, commerce and family law.
Alicia Elliott is a family law specialist accredited by the Law Society of New South Wales. She practises exclusively in family law and provides clear guidance and advice on all aspects of family law, including divorce, property matters, parenting issues, child support, spouse maintenance and de facto relationships. Alicia has successfully represented clients in all areas of family law. She has acted in complex financial cases, including high net worth matters, valuation disputes and those relating to family companies and trusts. Alicia was previously employed at the Serious Fraud Office in London and brings a forensic and investigative approach to all of her matters.
Renee Smith is a Family Law Specialist, accredited by the Law Society of New South Wales. She practises exclusively in family law and has done so since her admission as a lawyer in 2011. Providing advice and representation in a range of matters including divorce, parenting arrangements, relocation cases, property matters, Binding Financial Agreements and de-facto relationships, Renee also has experience in adoption matters.
Shannon Rogers has practiced in family law for more than 13 years with a focus on financial and parenting cases that involve complex facts and issues. Shannon is an Accredited Family Law Specialist and is an experienced litigation lawyer with exceptional skills – representing clients at both trial and Appellate level. Shannon is particularly skilled in dealing with matters that are high in conflict and involve allegations of Family Violence and complex parenting disputes. Shannon also has experience in matters involving Apprehended Domestic Violence Orders in the Local Court of NSW. Shannon was recognised as a “Rising Star” in 2017 by “Doyle’s Guide to the Australian Legal Market”
Ian Coleman SC was admitted to practise as Solicitor Supreme Court of NSW 6 March 1974. Having gone to the NSW Bar in 1975 he practised as a barrister until 1991 when he was appointed to the trial division of the Family Court of Australia. In 1991 he was appointed to the Appeal Division Family Court of Australia and sat as a Western Plains Judge of the Family Court of Australia between 2009 and 2013 when he returned to practise at Culwulla Chambers. He is also a nationally accredited mediator, an accredited mediator under the Farm Debt Mediation Act and on the panel of mediators for the Supreme and District Courts. He is currently an Adjunct Professor in the School of Law University of Western Sydney.
Judge Morley is a Judge of the Federal Circuit Court of Australia at Sydney. His Honour graduated with a Bachelor of Laws degree from the University of Sydney in 1983 and was admitted as a legal practitioner in 1985. He practiced primarily in family law as a solicitor and then partner of the firm Lamrocks Solicitors, and was called to the Bar in 2013. His Honour qualified as an accredited family law specialist in 1994, was appointed an Independent Children’s Lawyer in 1994, and qualified as a mediator in 2008 through Bond University (QLD). His Honour was appointed to the Federal Circuit Court of Australia in March 2019, and presides over family law matters.