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.