Advanced Family Law Conference

213Q07: Gain insights & practical guidance from a stellar line-up of leading family law practitioners. Analyse the latest and most significant cases in Family law, add backs, asset pools, and the impact of tax liabilities and insolvency on financial settlements. Plus, earn your core CPD units by examining how to set aside existing orders & introduce new evidence; ethics during settlements, and how to recognise and deal with clients, opponents & colleagues displaying signs of mental illness.

Description

Attend and earn 7 CPD units including:
4 CPD units in Legal Knowledge
1 CPD unit in Practical Legal Ethics
1 CPD unit in Practice Management & Business Skills
1 CPD 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

Session 1

What’s in the Asset Pool, Tax, Insolvency and Recent Case Update

Chair: Rebecca Horsley, Barrister, Level 14, Inns of Court Chambers; Leading Family Law Junior Counsel and Parenting & Children’s Matters Barrister, Doyle’s Guide 2020

9.00am to 10.00am Analysis of Recent Family Law Property Settlement 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 settlements, with a focus on practical considerations.
Presented by Ann-Maree McDiarmid, Barrister, Win Paten Chambers; Recommended Family Law Junior Counsel and Family Law & Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2020

10.00am to 11.00am Add backs: What Goes in vs What Stays Out

  • Current legal issues surrounding the formulation of an asset pool
  • What did the High Court say in Stanford
  • What has the Full Court said post-Stanford
  • Some recent examples of first instance decisions in Queensland
    • Legal fees
    • Waste (wanton, negligent or reckless dissipation of assets)
    • Interim or partial property settlement
  • The alternative argument: Section 75(2)(o)

Presented by Guy Waterman, Barrister, Level 27 Santos Place Chambers

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Navigating Tax Liabilities: Division 7A, Trusts and Other Tax Complications

  • Division 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

12.15pm to 1.15pm 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?
  • Dealing with non-vested property in property settlement matters
  • The impact of bankruptcy on family law related debts

Presented by Alison Ross, Partner, HopgoodGanim Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer; Recommended Family Lawyer (High-Value & Complex Property Matters) and Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2020

Session 2

CPD Compulsory Units for Family Lawyers

Chair: Kathryn McMillan QC, Quay 11; Leading Senior Counsel Parenting & Children’s Matters Barrister and Recommended Family Law Senior Counsel, Doyle’s Guide 2020

Professional Skills
2.00pm to 3.00pm 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
  • Submitting new valuations pre-COVID-19
  • How to set aside and/or vary spousal maintenance orders and binding child support agreements

Presented by Genevieve Dee, Partner, Lander & Rogers; Leading Family & Divorce Lawyer and Parenting & Children’s Matters Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2020

Practice Management & Business Skills
3.00pm to 4.00pm LEGAL & MEDICAL PERSPECTIVES: Dealing with the Mental Health of Clients and Other Family Law Practitioners

  • How to deal with clients displaying signs of mental illness
    • Recognising the signs
    • Practice steps to take to manage their demands
  • Tips to dealing with the mental health and welfare of other family law professionals

Presented by Fiona Caulley, Director, Phillips Family Law; Accredited Specialist in Family Law; Leading Parenting & Children’s Matters Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2020; Dr Megan Morris, Psychologist and Accredited Family Dispute Resolution Practitioner and Dr Jemima Patch, Psychologist, Head of Practice, Relationships Australia, Queensland

4.00pm to 4.15pm Afternoon Tea

Practical Legal Ethics
4.15pm to 5.15pm How Ethical Practice and Settlement Focus can Help your Family Law Client

Ten ethical tips to consider implementing into your family law practice.
Presented by Pippa Colman, Director, Pippa Colman & Associates; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer – Sunshine Coast, 2020 and Parenting & Children’s Matters Lawyer, Regional Queensland, Doyle’s Guide 2020

Presenters

Rebecca Horsley
Rebecca Horsley is a Barrister, Mediator, Family Dispute Resolution Practitioner, Accredited Family Law Arbitrator and Accredited Specialist in Family Law.  Rebecca is a committee member of the Family Law Practitioners' Association of Queensland board.  In addition to her practice at the bar, Rebecca is a sessional academic at QUT lecturing in Family Law. Her qualifications include a Bachelor of Arts, Bachelor of Laws and Master of Laws. She was admitted as a legal practitioner in 2008, and called to the bar in February 2014.

Ann-Maree McDiarmid
Ann-Maree McDiarmid, LL.M is very experienced advocate, Ann-Maree was first admitted to the Bar in Queensland 1992 and has also practised at the Victorian Bar.  She specializes in  family law and has acted in a wide range of complex family law disputes, including appellate work.  Ann-Maree has held various appointments as a member of tribunals.  She is also a qualified arbitrator and nationally accredited mediator. She enjoys academic writing and is a frequent presenter at legal conferences.  In the early years, Ann-Maree conducted a general practice and prior to admission to the Bar she worked as Associate to a Supreme Court Judge.

Guy Waterman
Guy Waterman was admitted as a Solicitor and practised extensively in the area of De Facto and Family Law and as a Mediator prior to being called to the Bar in 1993. Guy has continued to practice in the Family Law/De Facto areas as a Barrister and Mediator and during this time and has presented at seminars dealing with Family Law & Practice including: Disclosure, compliance with Orders, Making the most of financial experts in financial matters in conjunction with Joe Box, forensic accountant and Greg Jorgenson, registered valuer at BAQ, Cost - Orders, Offer and Risks, How to Deal with a Client Raising That The Solicitor For The Other Party Has A Conflict Of Interest And Should Be Restrained From Acting and Family Law Legislative Reform and Case Update.

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.

Alison Ross
Alison Ross specialises in complex property matters and other financial matters arising from relationship breakdowns. She has worked exclusively in family law since 1996 and has extensive experience in both matrimonial and de facto relationship law. An Accredited Family Law Specialist, Alison is the immediate past Chair of the Queensland Law Society's Family Law Committee.  She is a member of the Queensland Law Society Continuing Professional Development Committee.  She is also a member of the Family Law Practitioners' Association, the Law Council of Australia's Family Law Section, the Child Protection Practitioners' Association of Queensland and Queensland Collaborative Law. Alison has been ranked a leading lawyer in Doyles Guide to Leading Family and Divorce Lawyers - Brisbane since 2012.

Kathryn McMillan QC
Kathryn McMillan was called to the Bar in 1987 and was appointed Silk in 2006. She is an Adjunct Professor of Law at the University of Queensland. Kathryn is a specialist in personal injuries (particularly cases concerning complex medical evidence), public law, disciplinary matters, discrimination proceedings together with a long-established practice in family law and child protection proceedings. She is currently Senior Counsel for the State of Queensland in the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Genevieve Dee
Accredited Family Law Specialist Genevieve is a partner at Lander and Rogers and has worked exclusively in family law and has fifteen years’ experience. Genevieve specialises in all aspects of family law, including parenting and property matters, financial agreements, surrogacy, spousal maintenance and child support issues. Doyle’s Guide 2019 has recognised Genevieve as a Leading Family & Divorce Lawyer, Leading Parenting & Children’s Matters Lawyer and Recommended Complex and High-Value Property Matters Lawyer in Brisbane. In addition, Genevieve has been named as a Pre-eminent Family & Divorce Lawyer in the Doyle’s Guide 2019, 2020 and 2021 national listings.

Fiona Caulley
Fiona is well appraised of the court processes and cases as an Accredited Family Law Specialist, recognised by the Queensland Law Society and having worked exclusively in family law for fifteen years. She has been recognised as a Leading Queensland Family and Divorce Lawyer in the peer reviewed Doyle's Guide. Fiona is experienced in property matters, including where there are complex company and trust structures and where there are third party interests. Fiona has a particular interest and expertise in parenting matters, including those involving interstate or international relocation, having previously been appointed to the panel of Independent Children's Lawyer.

Dr Megan Morris
Dr Megan Morris is a registered psychologist (MAPS), originally from Brisbane and has spent more than 10 years residing overseas in Thailand and Vanuatu where she worked in voluntary and non- voluntary roles in psychological support and education. On her return to Australia in 2006, Megan became an accredited Family Dispute Resolution Practitioner, and worked with separated families providing family mediation for resolving separated parents disputes in parenting and financial matters. She also worked for the federal government funded Family Relationship Centers, Relationships Australia Queensland (RAQ) and the National Telephone Dispute Resolution Service providing mediation. 

Dr Jemima Patch

Pippa Colman
Pippa Colman, the Founding Director of Pippa Colman & Associates Law Practice, was admitted in February 1979. She became a Family Law Accredited Specialist in 1997 and is also a mediator and arbitrator. Pippa has worked in every aspect of Family Law, including Property, Children, Spousal Maintenance, Child Support, Domestic Violence, Binding Financial Agreements and Hague Applications. She has appeared as an advocate in the Magistrates Court, District Court & Supreme Court of Queensland, and in the Family Court of Australia and Federal Circuit Court of Australia. Pippa has been presenting for providers of Continuing Professional Development since the 1980s. She is passionate about Family Law and continuing education and mentoring younger practitioners.

Venue

Hilton Brisbane

190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia

Map of Hilton Brisbane

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking

Parking is not included in your registration. There is valet parking available for AU$58.00

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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