Family Law: Advanced Interdisciplinary and Property Issues

Examine essential key cross-disciplinary areas in family law practice. Consider succession planning in property settlements & the impacts from third parties. Understand when a family provision claim might be instigated post settlement. Explore caveatable interests in family law proceedings & the evidence required to support an application. Gain insights in dealing with trustees & liquidators in bankruptcy. Finally, delve into superannuation, tax & unrealised tax liabilities in property settlements.WEB219N08

Description

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

Session 1

Family Law Interdisciplinary Issues: Succession, Property and Insolvency

Chair: Dr Martha Barnett, Barrister, Culwulla Chambers, Leading Family Law Junior Counsel, Doyle’s Guide 2021

9.00am to 10.00am Succession Planning: Property Settlement and Secondary Issues

  • Which should come first, succession planning or family law property settlement?
  • Issues to consider
    • What unilateral actions can the client take?
    • Mutual wills or contractual wills: What is their relevance to succession law and family law?
    • What is coming through inheritance

Presented by Robert Monahan, Director, Monahan Estate Planning

10.00am to 11.00am Family Provision Claims Post a Family Law Property Settlement

  • In what circumstances would a family provision claim be made after a property settlement
  • What the court considers when deciding such claims
  • Case law studies

Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Caveats in Family Law Property Proceedings

  • Analysis of what interests can support a caveatable interest in relation to family law proceedings, i.e. resulting and constructive trusts
    • What evidence is required to prove these interests?
    • Consideration given to what is not considered a valid caveatable interest in relation to family law proceedings, i.e. claims under the Family Law Act and rights to the proceeds of sale of a property 
  • Alternatives to lodging a caveat to protect an interest in property, i.e. injunctions
    • What is correct forum to seek such relief?
  • Tips on how to draft caveats effectively to avoid defects in form and substance
  • General procedure relating to removal of caveats and seeking their extension in various states
  • Consequences of lodging a caveat without reasonable cause 

Presented by Vikram Misra, Barrister, Clarence Chambers

12.15pm to 1.15pm Family Law and Insolvency: Dealing with the Liquidator and Trustee in Bankruptcy

  • Extent to which a Trustee in Bankruptcy, Liquidator, Administrator or Receiver has access to, and interest in, property and the matrimonial pool
  • What debts and claims are and aren’t caught by bankruptcy or liquidation
  • Settlement: now a ‘three (or more)-way’ game
  • Problems and ‘best practice’ in dealing with a Trustee in Bankruptcy, Liquidator, Administrator or Receiver: a practical approach and guide

Presented by Colin Brown, Partner, O’Neill Partners and Aaron Lucan, Partner, Worrells; Registered Trustee in Bankruptcy and a Registered Liquidator

Session 2

Advanced Super and Tax Issues for Family Law Property Settlements

Chair: Duncan Holmes, Director, Holmes Donnelly & Co Solicitors; Accredited Specialist in Family Law

2.00pm to 3.00pm Beyond Super Splitting: Key Risk Areas in Complex Family Superannuation

  • SMSF and multi-member funds
  • Practical issues
  • Life insurance issues
  • Practical examples
  • Defined Benefit Super Funds: military service super

Presented by Peter Bobbin, Principal Lawyer, Coleman Greig Lawyers

3.00pm to 4.00pm Tax Implications of Property Settlements

  • Tricks and Traps of tax rollovers
  • Duty rollovers
  • Division 7A and dividends
  • Moving assets out of family companies and trusts
  • Drafting property orders for tax

Presented by Greg Vale, Legal Practitioner – Director Principal, Charter Law

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Dealing with Unrealised Tax Liabilities to Produce Equitable Outcomes

  • What has changed since Rosati
  • Unrealised and hidden tax liabilities you should be aware of
  • Why and how unrealised tax liabilities should be recognised by the Family Court
  • How to deal with unrealised tax liabilities to produce an equitable outcome

Presented by Nick Gaudion, Director Forensic Accounting, Cutcher & Neale; Part-time Member of the Administrative Appeals Tribunal

 

Presenters

Dr Martha Barnett, Barrister, Culwulla Chambers
Martha R M Barnett was called to the New South Wales Bar in 2010 and practices mainly in family law. For the past eight years she has been a member of Culwulla Chambers, Sydney. She was awarded a PhD in law from the University of Sydney, for a thesis titled Evolution: Procedural Innovation in Abduction Convention Determinations in Australia. Originally from Canada, she completed a B.A. at the University of Alberta before migrating to Australia. She undertook an LLB at the University of Sydney and graduated with first class honours.

Robert Monahan, Director, Monahan Estate Planning
Since 1998 Robert has been a Law Society Accredited Specialist in the area of Wills and Estate Law. Robert is the General Editor of the Lexis Nexis Estate Planning Service, a regular contributor to the Retirement & Estate Planning Bulletin, and an author of a number of other publications dealing with Estate Planning. In 2018 he authored the chapter on estate planning in “Elder Law – A Guide to Working with Older Australians” published by The Federation Press. In September 2018 the Doyle’s Guide named Robert as a leading Wills & Succession Lawyer in NSW.

Linda Clarke, Barrister, Second Floor Wentworth Chambers
Linda is a barrister and NMAS mediator practising primarily in the areas of estate litigation (with an emphasis on family provision and probate) and family law. She appears regularly in the Probate and Family Provision Lists. Linda has a particular interest in claims involving the protective jurisdiction, the use and misuse of POA’s and EPOA’s, and the growing area of elder abuse.

Vikram Misra, Barrister, Clarence Chambers
Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice. Vikram currently contributes regular posts to Legalwise Seminars on: Caveats; Practice and Procedure; and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents for BenchTV and CPD for Me. Vikram is also a contributing author to the Security of Payment (NSW) section of  the looseleaf Commercial Arbitration Law and Practice Service for Thomson Reuters. Vikram was previously employed as a casual academic for the University of Sydney Law Extension Committee, Sydney NSW.

Colin Brown, Partner, O’Neill Partners 
Colin specialises in the areas of insolvency and reconstruction and commercial litigation. A member of the Australian Restructuring Insolvency and Turnaround Association (ARITA), Colin acts for secured and unsecured creditors, commercial entities, administrators, liquidators, bankruptcy trustees and other insolvency practitioners across a range of industry sectors, as well as advising individuals, boards and company directors on all aspects of insolvency law. Colin also acts for private and corporate clients involved in a broad range of commercial disputes, particularly in respect of contractual and commercial transaction, resolving a number of large and complex commercial disputes for the firm’s clients.

Duncan Holmes, Director, Holmes Donnelly & Co Solicitors
Duncan Holmes is a solicitor of over 39 years of practice experience. He is a Director of the CBD specialist family law firm, Holmes Donnelly & Co Solicitors, in Sydney, with Laura Donnelly and Alicia Elliott. He is an accredited specialist in family law, obtaining accreditation upon the inception of the scheme by the Law Society of NSW in 1993. His practice encompasses both complex parenting cases, variously for parents or as an Independent Children’s Lawyer (for the past 27 years), and also the usual spectrum of financial cases. He is the author of two books in the Lexis Nexis “Case Summaries” series for law students, one being Family Law, which is now in the 6th edition, the other being Torts, which is now in the 8th edition

Peter Bobbin, Principal Lawyer, Coleman Greig Lawyers
Peter Bobbin has a Master of Taxation, Bachelor of Laws and his Commerce Degree in Accounting and Finance System and leads the financial services team in Sydney. His experience covers the areas of superannuation, taxation, estate and business succession planning, commercial structuring, regulatory compliance, and general commercial issues. Peter has also been involved in developing Australia's first Master Financial Planning for University of Western Sydney and continues to act on a project basis for each of Australia's major financial institutions.

Greg Vale, Legal Practitioner – Director Principal, Charter Law
Greg Vale is an accredited specialist in Business and Personal Tax as accredited by the Specialist Accreditation Board of the Law Society of New South Wales. Greg provides advice to clients, particularly professional firms and their clients, in respect of: business restructuring, federal taxes (including income tax, capital gains tax and goods and , services tax), state taxes (including stamp duties, pay roll tax and land tax), tax disputes including Project Wickenby matters, superannuation, asset protection planning, estate planning; and Corporations Act matters.

Nick Gaudion, Director Forensic Accounting, Cutcher & Neale
Nick Gaudion is the Director of Cutcher & Neale Forensic Accounting and a part-time member of the Administrative Appeals Tribunal. Nick specialises in damage quantification and valuations for litigation and other dispute resolution forums. He has assisted in many areas of law including Breach of Contract/Warranty, Trade Practices, Personal Injuries and Family Law matters. His experience covers all stages of dispute resolution from preparation of preliminary estimates to assist with case strategy through to giving evidence in court, including the Federal Magistrates Court, the Family Court of Australia and the Supreme Court of New South Wales. In 2013 Nick was appointed to the Administrative Appeals Tribunal as a part-time member with accounting experience.

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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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