Family Law Forum: High-Value & Complex Property and Financial Settlements
A high-value and complex property family law practice brings a unique set of issues to challenge even for the most experienced specialist. Assets are commonly wrapped up in intricate ownership structures, add backs and adjustments can be complex. How does Stanford impact? What is the impact of insolvency on the available assets? Deciding how to deal with contributions before, during the marriage and after separation. How best to draft and use Binding Financial agreements instead of a consent order.
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
Identifying and Dividing Up the Assets
Chair: James Richardson, Special Counsel, Dimocks Family Lawyers; Accredited Family Law Specialist
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Looking Beyond the Veil: Identifying the Real Assets – Who Owns What?
Not all cases fit the ‘house and garden’ mould where assets are held in the names of one or both of the parties, thus making the identity and valuation of those assets a relatively straightforward task. More often than not parties have interests in companies, trusts, self-managed superannuation funds, and other entities. And those entities may own valuable assets. Now it gets trickier. Examine and discuss:
- Identifying the ownership structure
- Working through complex company and trust arrangements
- Identifying the assets, the liabilities and the contingencies
- Third party interests: To join or not to join?
- Issues in completing the balance sheet
- Practical issues: disclosure, valuers, file management and other frustrations
- Relevant recent cases
Presented by Cathie Blanchfield, Solicitor Director, Blanchfield Nicholls Partners; Leading Family & Divorce Lawyer, Doyle’s Guide 2020
9.50am to 10.35am: Treatment of Assets That Have Gone (Where are we at with Addbacks?)
- Alternate ways of dealing with dissipation
- Categories where assets may be notionally added back into the pool
- Paid legal fees
- Premature distribution of matrimonial assets
- Wastage
- Relevant recent cases
Presented by Jacqueline Dawson, Principal Solicitor, Sexton Family Law; Accredited Family Law Specialist; Recommended, Parenting and Children’s Matters Lawyer, Doyle’s Guide 2020 and Annabel Pope, Senior Associate, Sexton Family Law
10.35am to 11.20am: Stanford: Roadblock or Speed Bump?
Join a discussion of the Stanford principle and, most importantly, a guide to its practical application.
Presented by Irene Morozov, Partner, Barkus Doolan Family Lawyers; Accredited Family Law Specialist; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2020
11.20am to 11.35am: Morning Tea
11.35am to 12.20pm: Insolvency and its Impact on the Matrimonial Asset Pool
- Extent to which the Trustee has access to property
- Exceptions
- Access to documents
Presented by Sharna Clemmett, Barrister, Greenway Chambers
12.20pm to 1.05pm: Dividing up the Assets with Short vs Long Term Relationships
- When do you treat the assets separately or as part of the pool?
- How do you treat those 3-8 year relationships?
Presented by Phillip Friedlander, Barrister, Frederick Jordan Chambers
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair
Session 2
Weight of Contributions, BFA’s and Binding Support Agreements
Chair: Annette Wilson, Partner, Swaab, Accredited Family Law Specialist; Recommended Family & Divorce Lawyer and Recommended Parenting &Children’s Matters Lawyer, Doyle’s Guide 2019
2.00pm to 2.45pm: Redundancy, Personal Injury Payments and Future Earnings
- Defining the payments
- How is the contribution assessed
- Is it an asset
- How does it affect any future needs adjustment
- Recent cases
Presented by Glenn Thompson OAM, Partner, Newnham Solicitors; Accredited Family Law Specialist; Leading Family & Divorce Lawyer, Doyle’s Guide 2020
2.45pm to 3.30pm: Inheritance Before and After Separation
- Current case law on inheritances during relationships and after separation
- The Full Court’s decision in Jabour and the emphasis of a ‘holistic assessment’ in the context of inheritance cases
- The Court’s treatment of prospective inheritances
- How to protect inheritances from family law claims and what to remember when advising clients
Presented by Sheridan Emerson, Partner, Pearson Emerson Family Lawyers; Accredited Family Law Specialist; Leading Family Lawyers (High-Value & Complex Property Matters, Doyle’s List 2020 and Louise Carter, Senior Associate, Pearson Emerson Family Lawyers; Family Law Rising Star, Doyle's Guide 2020
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Binding Financial Agreements: Pre and Post Thorne & Kennedy
The journey since the High Court decision of Thorne and Kennedy:
- Finding the ties that bind
- Managing those expectations
- Drafting detailed love letters
- Choosing Consent Orders or a BFA when that loving feeling is lost
Presented by Maurice Edwards, Special Counsel, Watts McCray Lawyers; Accredited Family Law Specialist, Nationally Accredited Mediator and Accredited Arbitrator
4.30pm to 5.15pm: Child Support (Assessment) Act Amendments, Binding Support Agreements: Overview of Some Common Problems
Consider some of the practical implications of drafting complex child support agreements, including in relation to the July 2018 reforms.
- Does the agreement achieve its intended purpose?
- Can it be accepted and implemented by the Child Support Registrar?
- Is it drafted to adequately deal with the (routine) changes that parents and their children experience in the life of a child support case?
- Should lump sum orders be considered?
Presented by Brett Walker-Roberts, Senior Policy Advisor, Services Australia
5.15pm: Final Q&A and Closing Comments by the Chair
Presenters
James Richardson
James Richardson has been practising in the area of Family Law since 1986, firstly as a partner with Gilson, Patch and Richardson. In 1996 he became a sole practitioner. His practice continued to be focused on Family Law. James joined the practice of Dimocks Family Lawyers in 2017, where he continues to practice in: the practical and legal aspects of relationship breakdown; advocacy in the Family Court and the Federal Circuit Court; binding Financial Agreements; children's issues; helping clients to navigate the negotiation of disputes arising from relationship breakdown, through mediation and other alternative dispute techniques.
Cathie Blanchfield
Cathie was admitted as a solicitor in New South Wales in July 1988. She was appointed a partner with Stuart Fowler and Partners in 2000, and in 2007 established Blanchfield Nicholls with Nigel Nicholls. For over 30 years Cathie has practised exclusively in family law and related matters. Cathie has been recognised as a Leading Sydney Family & Divorce Lawyer since 2016, a Recommended Family & Divorce Lawyer (Australia) since 2017 as well as a Leading Family Lawyer (High-Value/Complex Property Matters) – NSW in 2019, by the independently researched and peer nominated Doyles Guide.
Jacqueline Dawson
Jacqueline Dawson is the Principal of Sexton Family Law and an Accredited Specialist in Family Law. Admitted to practice as a solicitor in 1994 and an Accredited Specialist since 2001, Jacqueline began practice in early 1995 with the firm then known as Robyn Sexton & Associates, and remained as a principal of the firm when Judge Sexton was appointed to the Federal Magistrates Court. Jacqueline has served as a member of the Specialist Accreditation Board of the NSW Law Society since 2008, has served on the Family Issues Committee of the Law Society in recent years and is also a member of the Professional Conduct Committee of the Law Society.
Irene Morozov
Irene has practiced exclusively in family law for over 25 years and has been a partner of the firm since 2009. She has successfully represented clients in all areas of family law, including de facto relationships, parenting, property, spouse maintenance and contravention applications in the Federal Circuit Court, Family Court and at the appellant level. Irene is one of Sydney’s leading family lawyers and is highly skilled in conducting and managing litigation involving “big money cases”. She has an extraordinary eye for detail. Irene’s high level of expertise allows clients to achieve a favourable outcome to the resolution of their matter, either through negotiation, mediation or litigation. “Doyle’s Guide to the Legal Market” has ranked Irene: “Highly Recommended” Family and Divorce Lawyer in NSW in 2015“Leading” Family and Divorce Lawyer in Sydney in 2016, 2017, 2018, 2019 and 2020 “Recommended” Family and Divorce Lawyer in Australia in 2016, 2017, 2018, 2019 and 2020 “Leading” Family Lawyers (High-Value & Complex Property Matters) for NSW in 2018“Recommended” Family Lawyers (High-Value & Complex Property Matters) for NSW in 2019 and 2020.
Annabel Pope
Annabel Pope is a Senior Associate at Sexton Family Law. Annabel commenced her career as a Deputy Associate at the Federal Circuit Court and this was followed by nearly six years at King & Wood Mallesons. Annabel has also worked at the Australian Human Rights Commission and was a member of the inquiry team into Children in Immigration Detention. Annabel recently graduated from a Masters of Law from the University of Sydney and since 2016 has practised exclusively in family law.
Sharna Clemmett
Sharna Clemmett balances a resolute awareness of the needs of clients and instructing solicitors with her ultimate remit; to provide consistently outstanding verbal and written advocacy, technical advice, and case leadership. Sharna was called to the Bar in 2012. She has since developed a strong practice in Commercial Law, Equity, Wills and Estates, Property, Consumer Law, Proceeds of Crime and Insolvency.
Catherine Spain
Catherine Spain was called to the Bar in 2012. Since that time she has practised exclusively in family law. Catherine appears regularly in both parenting and financial proceedings in the Federal Circuit Court of Australia and the Family Court of Australia throughout NSW. Catherine has been a member of the New South Wales Bar Association Family Law Committee and a contributing editor to the Lexis Nexis Family Law Reports. Catherine has also published articles in the New South Wales Law Society Journal and presents CLE seminars to family law solicitors. In 2018, Catherine was named in the Doyle's Guide as one of the recommended family law junior counsel in NSW.
Annette Wilson
Annette Wilson is a Special Counsel with Swaab Attorneys. She is an accredited specialist in family law by the Law Society of NSW. Her background includes work in commercial litigation, personal injury law and third party property damage litigation. She now dedicates herself exclusively to all aspects of family law, including alternative dispute resolution, litigation and disputes over children and property. Annette's client base has expanded through numerous referrals and from seminars on family law over a number of years. Annette has qualifications in nursing in addition to her legal education.
Glenn Thompson OAM
Glenn Thompson is an accredited specialist in Family Law who is a Partner of the firm Newnhams Solicitors. Glenn has specialised in Family Law for 35 years, is the Chair of the Specialist Accreditation Board in Family Law for NSW, a current member of the Family Law Committee of the Law Society of New South Wales, a fellow of the International Academy of Matrimonial Lawyers, and is on the Steering Committee of the Greater Sydney Family Law Pathways Network having been in the chair for 12 years. Glenn is also a member of College of Law Family Law Advisory Committee, and is an Adjunct Lecturer, Master of Laws (Applied Law) at the College of Law.
Sheridan Emerson
Sheridan Emerson is a Partner at Pearson Emerson 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 2020. Sheridan is also a Fellow of the International Academy of Family Lawyers (IAFL). Sheridan practices exclusively in family law.
Louise Carter
Louise Carter is a Senior Associate and Accredited Specialist at Pearson Emerson Family Lawyers. Recently, Louise co-authored the chapter on Australian family law in "Family Law - a Global Guide" 5th edition published by Thomson Reuters, an internationally recognised and distributed book on international family law. Louise was recognised as Rising Star in Family Law in Doyle's Guide 2020. Louise practices exclusively in family law.
Maurice Edwards
Maurice Edwards is an Accredited Family Law Specialist a Nationally Accredited Mediator and an Accredited Arbitrator. Maurice has developed an interest and expertise in Binding Financial Agreements and has presented on these Agreements a number of times over the years. He advised in one of the first BFA cases that was considered by the Family Court over 14 years ago. Maurice is a "Doyles" recommended Mediator and last year was a finalist in the category of Australian Arbitrator of the year in the Australasian Law Awards. Maurice has 37 years family law experience and is Special Counsel at Watts McCray Lawyers.
Brett Walker-Roberts
Brett is a Senior Policy Advisor in the Child Support Agency in Services Australia where he has worked for more than 20 years. During this period, Brett has provided extensive support to the legal community and the courts (as a friend of the court) particularly in the area of the drafting of court orders and child support agreements. Brett contributed to the writing of the Legal Practitioners Guide which is a booklet of precedents to aid practitioners with the drafting of various child support orders and child support agreements.
Phillip Friedlander
Phillip Friedlander brings 46 years’ combined experience as a barrister and solicitor, to the resolution of his clients’ disputes when advising and acting in family law, de facto, matrimonial property, child welfare and adoption matters. Practising almost exclusively in these areas since being called to the Bar, the longevity of his practice has heightened Philip’s proficiency across the broad spectrum of disputes that arise in complex litigation, and in particular, parenting and property matters. He appears in the Family Court of Australia, Federal Circuit Court (Family Law) and the Full Court of the Family Court of Australia in a diverse range of technical matters, including complex property disputes.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia
Testimonials
‘Every presentation from 9am to 5:30pm was exceptional. Probably the most consistently best conference I have attended in over 30 years of practice. Cannot thank you enough!!!’
David J H Hooper, Solicitor & Attorney, David J H Hooper