Advanced Family Law Conference
213V06: Gain insights & practical guidance from a stellar line-up of leading family law practitioners. Understand what should go in the asset pool, the weight of contributions; the impact of tax liabilities; insolvency on financial settlements, and recent cases. Earn your core CPD units by mastering how to set aside existing orders and introduce new evidence; ethical obligations of disclosure, and how to recognise and deal with clients, opponents & colleagues displaying signs of mental illness.
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
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
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Settling Assets, Third Parties and Bankruptcy
Chair: Timothy Puckey SC, Barrister, Dever’s List; Preeminent Family Law Barrister and Leading Parenting & Children’s Matters Barrister, Doyle’s Guide 2020
9.00am to 10.00am What’s In and Out of the Asset Pool and Weighing Up the Contributions
- What should go in the asset pool? Addbacks and loans vs gifts
- Assessing the weight given to contributions
- Timing
- Assets which have remained separate
- Gifts and inheritances during the relationship and after separation
- Personal injury payments
Presented by Bronia Tulloch, Barrister, Foley’s List
10.00am to 11.00am Navigating Tax Liabilities: Div7A, Trusts and Other Tax Complications
- Div 7A and practical examples
- Discretionary trusts and potential tax liabilities
- GST and CGT implications
- Falling off the high wire common (and not so obvious) tax traps for family law practitioners
Presented by Damian O’Connor, Managing Principal, Tax + Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Insolvency and its Impact on the Matrimonial Asset Pool and Property Settlement Issues
- Alteration of property interests where one party is bankrupt: balancing the interests of the non-bankrupt spouse and creditors
- What orders can be made in respect of property vested in the trustee?
- The impact of bankruptcy/insolvency on family law related debts (for example, how are loan accounts of the spouses in their corporate entities dealt with in family law proceedings when the company has gone into liquidation?)
- The impact of insolvency on family corporate entities on family law proceedings
- The doctrine of exoneration and how it may assist the non-bankrupt spouse in family law proceedings
Presented by Lily Nguyen, Partner, Lander & Rogers; Recommended Insolvency and Restructuring Lawyer, Doyle’s Guide 2020
12.15pm to 1.15pm Analysis of Recent Family Law Parenting and Property Division Cases
Gain a valuable update of the most recent, significant cases and trends from the Family Court of Australia and Federal Circuit Court on property and financial settlements.
Presented by Jeffrey Stanley, Barrister, Holmes List
Session 2
CPD Compulsory Units for Family Lawyers
Chair: John Spender, Partner, Kennedy Partners Lawyers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2020
Practice Management & Business Skills
2.00pm to 3.00pm Dealing with the Mental Health of Clients, Opponents and Work Colleagues
- Strategies for promotion of better mental health
- Mental health of clients and opponents: what to look for and how to triage a mental health situation
- What resources are available specifically for lawyers
Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member, Ethics Committee of the Law Institute of Victoria
Professional Skills
3.00pm to 4.00pm ‘How to’ Set Aside Existing Property/Parenting Orders and Introduce New Evidence
- Pre and post judgment: How to make an application to introduce new evidence
- Applying to submit new valuations pre-COVID-19
- How to set aside and/or vary spousal maintenance orders and binding child support agreements
Presented by Rachell Davey, Partner, Lander & Rogers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Lawyer, Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Non-disclosure in Financial Cases
- Principles and processes with respect to disclosure
- Educating the client and dealing with the errant client
- Solicitors duties and dealing with a ‘Dark Knight’
- Third party disclosure, subpoenas and costs consequences
- Confidentiality and disclosure when engaging ‘shadow experts’ and other professional advisors
Presented by Jim Mellas, Barrister Foley’s List; Leading Family Law and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2020
Presenters
Timothy Puckey SC
Timothy practices at the Bar in all aspects of Family and Domestic Relationships Law including Property and Financial, Parenting, Child Support and related matters: Litigation, advice and mediation. Timothy is a Nationally Accredited Mediator. Timothy practised as a Solicitor in all aspects of Commercial Law, General Civil Litigation and Family Law. Timothy holds a Bachelor of Laws Bachelor of Commerce from the University of Melbourne (1993).
Bronia Tulloch
Bronia Tulloch completed a Bachelor of Economics and a Bachelor of Laws at Monash University in 1993. She undertook articles at Maddock Lonie & Chisholm solicitors (now Maddocks) during 1995 and was admitted to practice on 6 May 1996. Since signing the Bar Roll on 19 November 1998 Bronia has practised exclusively in all areas of family law including children's matters, property, spousal maintenance, child support, de facto relationships and intervention orders. She has appeared in interim and final hearings in the Magistrates' Court, County Court, Supreme Court, Court of Appeal, Federal Magistrates' Court, Family Court, Federal Court and the Full Court of the Family Court.
Damian O’Connor
Damian O'Connor is the Managing Principal of specialist taxation law firm, Tax + Law. He has more than 40 years experience in tax, commercial, SME and family legal issues in Melbourne and Brisbane. His experience includes 23 years with the Australian Taxation Office, and as a tax partner with national law firms. Damian provides practical technical advice on complex tax issues, commercial and family wealth structuring, tax consequences of family law property settlements and tax disputes. He has decades of experience in managing high risk, high stress dealings with revenue authorities. Damian is a Doyle’s Guide Recommended Tax Lawyer and is recognised by Best Lawyers Australia 2020 for his Tax Law expertise.
Lily Nguyen
Lily is an experienced and skilled litigator and negotiator, advising her clients on a range of commercial, insolvency and financial disputes. She provides strategic, candid and pragmatic advice to her clients as she seeks the best commercial outcome for them. Lily's advice is always highly strategic given her detailed knowledge of relevant legislation. She acts for a range of clients including companies, directors (and their spouses and related entities), creditors receivers and managers, liquidators, administrators, and trustees in bankruptcy. Lily’s experience is vast and includes complex disputes and advisory work including voidable transactions claims, insolvent trading claims, restructuring, business and asset sales, fraud investigations and prosecutions, and acting for regulators in pursuing various legislative breaches.
Jeffrey Stanley
Jeffrey Stanley practises exclusively in Family Law and its associated jurisdictions. Largely Jeff's practise is based in the Federal Circuit Court and Family Court of Australia appearing in interim and final hearings for parenting disputes and proceedings for adjustment of property interests. Jeff also has a practice that includes, written advice, Hague Convention matters and child support disputes. He has appeared in the Full Court of the Family Court on appeals in both the Sydney and Melbourne registries. Prior to coming to the bar Jeff was a senior associate and solicitor advocate on the Mornington Peninsula working on significant property cases and difficult parenting matters.
John Spender
John joined Kennedy Partners as an Associate in 2007, and was appointed a partner in 2012. He has been practising in the area of family law since 1993, and in 2003, he obtained accreditation as a specialist family law practitioner from the Law Institute of Victoria. John has extensive experience and a high level of expertise in all areas of family law, representing clients in complex and highly contested parenting proceedings and in property disputes involving intricate corporate and trust structures, and taxation issues. John also has substantial experience in the field of international matrimonial law, including jurisdictional and forum disputes, cross-national property matters and the issues of service and obtaining evidence overseas. He is a Fellow of the International Academy of Matrimonial Lawyers.
Rachell Davey
Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters. Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions. She is highly adept at resolving complex property matters involving corporate entities, businesses, addressing the taxation implications of settlement and third parties. Rachell has extensive experience drafting financial agreements (both pre and post nuptial) and advising clients of the appropriateness of a financial agreement in their circumstances.
Jim Mellas
Jim Mellas is a Barrister at the Victorian Bar who has been practising for over 35 years. He is also a commentator, activist and campaigner with a large following on social media. Jim is currently actively campaigning for the Return of the Parthenon Marbles to Athens. Jim Is a regular speaker at legal seminars and conferences and have spoken on a range of subjects from Family Law and De facto Relationships to succession planning and family business. He has also had a number of papers published on a range of topics and have featured in a number educational DVDs on Family Law.
Caroline Counsel
Caroline Counsel in the principal of Counsel Family Lawyers. She is an accredited Family Law Specialist, Family Dispute Resolution Practitioner and Collaborative Professional ( trained at advanced level). Caroline is a Past President of the Law Institute of Victoria (LIV). Caroline is presently the Chair of the Family Violence Portfolio at the LIV, member of the Family Violence Taskforce (chaired by Chief Magistrate Peter Lauristen), member of the Family Law Section and Collaborative Practice Sections of the LIV. Caroline is a member of the following inaugural Boards: Legal Admissions Board of Victoria under the Uniform Law and the Australian Association of Collaborative Professionals.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court