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
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.