Advanced Family Law Conference

Master some of the most challenging issues facing family law specialists dealing with high-value & complex property issues. Examine assets wrapped up in intricate equitable trusts, complex 3rd party loans, complicated tax issues when dividing businesses & investments, and how to enforce financial orders. Explore how to assess company valuations and financial statements, the follow on impacts of insolvency, and key interdisciplinary issues between succession law and family law. 216N20

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1

Trusts, Third Party Loans and Tax in Family Law

Chair: James Richardson, Special Counsel, Dimocks Family Lawyers; Accredited Family Law Specialist

9.00am to 10.00am Dealing with Third Party Loans or Gifts: When Should a Third Party be Joined to Proceedings?

  • Who or what is a third party?
  • Is it a loan or is it a gift?
  • What is a legal interest vs a beneficial interest? Why does it matter?
  • When should a third party be joined to proceedings?

Presented by Catherine Spain, Barrister, Waratah Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2021

10.00am to 11.00am The Interrelation of Equitable Trusts and Family Law Property Cases

  • Equitable trusts including resulting and constructive trusts
  • Marriage and de facto cause of action
  • Relevant relief in Family Court and state courts

Presented by Giles Stapleton, Barrister, 9 Selborne Chambers

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Dividing the Family Business and Investments Tax Effectively: Advanced Issues

  • Tax and duty issues on the transfer of assets out of trusts and companies and the Division 7A dividend traps
  • Tax and duty issues on transferring control of trusts and companies
  • What are the tax and duty concessions available to allow for a tax effective break up of a family group?
  • How to tax effectively deal with related party loans associated with family entities, and what are the tax traps

Presented by Dung Lam, Principal, West Garbutt - Sydney office

12.15pm to 1.15pm Enforcing Financial Orders: Money for Nothing

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 2021

Session 2

Insolvency, Valuations and Succession Law Concerns in Family Law

Chair: James Richardson, Special Counsel, Dimocks Family Lawyers; Accredited Family Law Specialist

2.00pm to 3.00pm Dealing with the Liquidator and Trustee in Bankruptcy: Family Law and Insolvency

  • Interrelationship of position of trustee following Rahman and Rahman and in particular the operation of s. 59A Bankruptcy Act 1966
  • Problems and ‘best practice’ in dealing with a trustee of a Regulated Debtors estate in bankruptcy: a practical approach and guide

Presented by Jim Johnson, Barrister and Elizabeth Rusiti, Barrister, Frederick Jordan Chambers

3.00pm to 4.00pm How to Assess Company Valuation and Financial Statements

  • How do you apply business valuation theory and practice to events like COVID-19?
  • Do I need to get a past valuation updated for COVID-19? If so, should I wait?
  • How do you value a business from a family law perspective?
  • What information is needed to competently value a business?
  • Do I need a business valuation or a share valuation? What is the difference?
  • How can a solicitor know what a questionable business valuation looks like?
  • What are the top 10 mistakes made by solicitors engaging a business valuer?

Presented by Trevor Monaghan (CAANZ Business Valuation Specialist), Managing Director, Climax Valuations and Forensics Pty Ltd

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Succession and Family Provision Claims: Important Issues for Family Law

Examine some of the key legal issues that Family Law practitioners need to consider before providing any advice on succession and the potentiality of a Family Provision claim.
Presented by Judge Ian Coleman SC, Culwulla Chambers; Recommended Family Law Senior Counsel, Doyle’s Guide 2021; Acting Judge of the District Court of New South Wales

Venue

The Grace Hotel
77 York St
Sydney 2000
NSW
Australia

Map of The Grace Hotel

Plaza Parking is located beneath the hotel with its entrance on Clarence Street. There are limited car spaces and they are available on a first-in basis. Plaza Parking attendants can provide directions to alternative parking facilities nearby. Day rate  (Single Entry) for conference guests only and to be paid at Plaza Parking: $45.00 per car, per day. (Conference guest tickets must be validated at conference concierge on level 2). Other nearby parking is located on Kent Street and York Street.
 
Wynyard Station - Take the York Street exit. Head south on York St toward Erskine St. Turn right and continue onto York Street for 300 metres. At that point you will arrive at The Grace Sydney.

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 focussed on Family Law, but at the same time James maintained his expertise in the areas of conveyancing, wills and estates. 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; helping clients to achieve a cost-effective and equitable outcome. James became an Accredited Specialist in Family Law in 1998. James has appeared in complex matters such as the High Court decision in U & U [2002] HCA 36. He has previously worked as a Registrar of the Family Court and is able to share with his clients the benefit of a lengthy and varied practice in Family Law.

Giles Stapleton
Giles Stapleton is a barrister at 9 Selborne Chambers, Sydney. His main practice areas are property, equity and family law. His family law practice is mainly property cases with increasing focus on rights of parties to a marriage as against third party creditors and trustees. He also frequently acts for third parties defending claims against them by parties to a marriage. He specialises in matters that involve family law, property law and equity questions between and in both the NSW Supreme Court and Family law Courts. Giles also accepts difficult parenting briefs and matters in other Australian States. His other practice areas include general civil litigation including corporate and commercial law and professional negligence.

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.

Dung Lam
Dung Lam is a tax and superannuation lawyer with years of experience advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as payroll tax and land tax. Dung also assists taxpayers in obtaining rulings from and managing tax disputes with the Australian Taxation Office and state revenue authorities. Dung has extensive experience in advising on the taxation of trusts, superannuation issues concerning self managed superannuation funds and tax issues related to estate planning. Dung advises a broad range of clients ranging from small to medium enterprises, high net worth individuals, professional firms, accountants and their clients. Dung is a Chartered Tax Adviser, a full member of the Society of Trusts and Estates Practitioners and an accredited Taxation Law Specialist with the New South Wales Law Society.

Irene Morozov
Irene has practiced exclusively in family law for over 20 years and has been a partner of the firm since 2009. ‘Doyle’s Guide to the Australian Legal Market’ has ranked Irene as ‘Recommended’ nationally each year since 2016 and one of the 'Leading' Family and Divorce Lawyers in New South Wales each year since 2016. She has successfully represented clients in all areas of family law, including de facto relationships, parenting, property, spouse maintenance and contravention applications in the family courts and at 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 favorable outcome to the resolution of their matter, either through negotiation, mediation or litigation.

Jim Johnson
Jim Johnson was admitted to the Bar in August 1991 having practised as a solicitor since 1975. He is currently also a casual lecturer at UTS in the insolvency elective. Jim has lectured extensively in relation to insolvency topics over the last 20 years including interrelationship and crossover between deceased Estates and bankruptcy and family law and bankruptcy. Whilst his practice is generally regarded as personal and corporate insolvency that brings into play most areas of general commercial securities and conveyancing practice.

Trevor Monaghan
Trevor Monaghan is an accredited CAANZ Business Valuation Specialist providing business valuation and forensic accounting expert reports to courts and businesses around Australia. He has written more than 700 business valuation and forensic accounting reports and has given written, in-person and phone evidence in various jurisdictions around Australia including the Family Court, Federal Circuit Court, NSW Supreme Court, WA Supreme Court, NSW District and Local Courts, Qld Land Court and VCAT. Trevor is also a registered tax agent, business agent and has qualifications in financial planning. He regularly provides training to lawyers and accountants on a range of business valuation topics and has released a free business valuation app on the iOS store (Business Valuation Expert) which he coded himself from scratch. Trevor is the managing director of Climax Valuations and Forensics Pty Ltd. Trevor enjoys presenting and always has a treasure trove of war stories to share.

Ian Coleman SC
Ian Coleman 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. Ian now practises at the Sydney Bar in the areas of agriculture, environment, mining, equity, commercial and insolvency, complex family law property settlement and appeals. 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. Other positions he has held are Judge Advocate-Australian Defence Force 1992-1997 and Commissioner, Australian Law Reform Commission January 1993- December 2003. He is currently an Acting Judge of the District Court of New south Wales, a principal member of NCAT and a registered Arbitrator.

Elizabeth Rusiti
Elizabeth was a solicitor for 20 years before coming to the Bar. During the first half of her career, she worked for a mid-tier Sydney firm in commercial litigation, specialising in admiralty, shipping and international trade disputes. Subsequently, Elizabeth gained considerable experience at boutique family law firms, developing a reputation as a senior practitioner in that field, representing clients in all aspects of family law disputes. Her focus in family law matters is on assisting clients to resolve their disputes, wherever possible. After a break from legal practice, Elizabeth came to the Bar and joined Frederick Jordan Chambers in 2020.

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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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