7th Annual Family Law: High-Value & Complex Property Disputes and Financial Settlements
In one day analyse how to deal with complex trust structures and assess if contributions and gifts should form part of the pool. Know how and when to seek intervention orders to stop wastage. Learn how to access capital on an interim basis. Understand how to calculate assets wrapped up in defined benefits superannuation. Master the art of dealing with assets in an insolvent estate. Refresh yourself on tax and super-splitting requirements and examine the importance of post estate succession planning. 2111N44
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Identifying, Securing and Interim Access to the Pool
Chair: James Richardson, Special Counsel, Dimocks Family Lawyers; Accredited Specialist in Family Law
9.00am to 10.00am Trusts, Trusts and More Trusts: Constructive, Resulting and Discretionary – Identifying the Assets
- When is a trust asset marital property or property of a third party
- Kennon v Spry: Where are we now?
- How can the rights of a third party to trust assets be set aside
- How is a settlor’s intention established? Does it matter that the settlor was motivated by a breakdown in the marital relationship?
- Post-separation assets: Can they be effectively settled? If so, does it matter?
Presented by Mark Robertson KC, Ground Floor Wentworth Chambers; Preeminent Tax Senior Counsel, Doyle’s Guide 2020
10.00am to 11.00am Contribution Assessments
- Dealing with external contributions and gifts
- Early/initial contributions
- Market forces vs direct contributions
Presented by Glenn Thompson OAM, Partner, Newnhams Solicitors; Accredited Specialist in Family Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm So, You Don't Like How the Ex is Spending the Money…
Gain a guide and strategies on how, why and when to seek intervention orders and injunctive relief.
Presented by Irene Morozov, Partner, Barkus Doolan Family Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2021
12.15pm to 1.15pm Accessing Capital on an Interim Basis
- Costs vs living expenses: when it is and isn’t maintenance
- Ability to access capital: when to seek Interim costs order
Presented by Jeff Marhinin, Partner, Barkus Doolan Family Lawyers; Accredited Family Law Specialist; Leading Family & Divorce Lawyer, Doyle’s Guide 2021
Session 2
Dealing with Special Classes of Assets
Chair: James Richardson, Special Counsel, Dimocks Family Lawyers; Accredited Specialist in Family Law
2.00pm to 3.00pm Valuation and Treatment of Defined Benefits Superannuation Funds
- What is Defined Benefit Super?
- How it is valued: lump sum or payments over period
- Tax Act differences vs normal superannuation funds
- How do you treat them in the proceedings?
- Case example: dealing with Military Super
- Recent cases
Presented by Stephen Bourke, Director, SuperSplitting; Accredited Specialist in Superannuation; Accredited Specialist, Self-Managed Superannuation Fund Association; Author, Super Splitting for Family Lawyers, Certus Law
3.00pm to 4.00pm SMSF Super Splitting Issues: A Refresher / You Can Always Learn Something New
- The tax and preservation aspects of super splitting including sleeper issues
- Strategies to deal with splitting lumpy assets such as real estate or assets the subject of limited recourse borrowings
- The immediate estate planning issues which arise when members in a SMSF divorce
- The SMSF documentation needed to enable an effective superannuation split
Presented by Dung Lam, Principal, West Garbutt; Chartered Tax Adviser, Accredited Specialist in Taxation Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Dealing with Assets in an Insolvent Estate
- Vested bankruptcy property in family law proceedings
- Role of the Trustee in Family court proceedings
- Difficulty of cross-vesting
- Deemed preference payments under the Bankruptcy Act
- Setting aside a transfer of property under family law settlement be set aside under the Conveyancing Act or Family Law Act
- BFA: when a trustee can seek orders to set aside to access the matrimonial property
- Personal guarantees to creditors
- Creditor claims over the assets within the matrimonial pool
- Dealing with the impact of bankruptcy on jointly owned property
Presented by Jim Johnson, Barrister, Frederick Jordan Chambers and Elizabeth Rusiti, Barrister, Queen’s Square Chambers
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 an acting Registrar of the Family Court and is able to share with his clients the benefit of a lengthy and varied practice in Family Law.
Mark Robertson KC
Mark Robertson KC conducts an Australia-wide practice specialising in revenue and trust law. Mark is listed as a leading tax KC by Chambers & Partners Asia Pacific and listed as 'Preeminent' by Doyle's Guide. He has appeared for Commonwealth and State revenue authorities, Australia's leading corporate groups, high net wealth individuals, as well as foreign investors in relation to proposed and completed domestic and cross-border transactions.
Glenn Thompson OAM
Glenn Thompson is an accredited specialist in Family Law who is a Partner of the firm Newnhams Solicitors. Glenn has specialised in Family Law for 35 years, is the Chair of the Specialist Accreditation Board in Family Law for NSW, a current member of the Family Law Committee of the Law Society of New South Wales, a fellow of the International Academy of Matrimonial Lawyers, and is on the Steering Committee of the Greater Sydney Family Law Pathways Network having been in the chair for 12 years. Glenn is also a member of College of Law Family Law Advisory Committee, and is an Adjunct Lecturer, Master of Laws (Applied Law) at the College of Law. Glenn was a member of the Australian Law Reform Commission Advisory Committee in respect of the March 2019 report ‘Family Law for the Future – An Inquiry into the Family Law System’. Glenn was also a member of the of the Family Court’s Steering Committee on the Children’s Cases Program, the organising committee for the 14th National Family Law Conference held in Sydney 7-10 October 2014, and of the organising committee for the National Access to Justice and Pro Bono Conference held in Sydney 18-19 June 2015 as well as being a presenter. In 2010 Glenn was awarded the NSW Law Society President’s Medal in recognition of his significant personal and professional contributions to the betterment of law and justice in NSW. On 12 June 2017 Glenn was awarded the Medal of the Order of Australia (OAM) for his services to Family Law and the Community. On 6 November 2016 Glenn completed the New York Marathon.
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.
Jeff Marhinin
Jeff is an Accredited Family Law Specialist who has practised exclusively in family law for over 19 years. Jeff has assisted and represented clients across the spectrum of family law issues with a special focus on more substantial and complex property settlement cases, parenting disputes, relocation matters, spouse maintenance and child support issues. Jeff is a skilled advocate with an eye for detail, which assists greatly when being involved in matters involving corporate and trust structures, and cases involving high net worth individuals. Jeff is a practitioner who understands the importance of clearly communicating with clients, and adopts a pragmatic and cost effective approach to the resolution of family law disputes. Jeff’s training in law, science/psychology and alternative dispute resolution assists him to successfully serve clients in ways best suited to their matter and with patience and empathy. Jeff is a qualified family law arbitrator registered with AIFLAM, and has undertaken various family law financial arbitrations. Jeff is regularly asked to present at conferences and seminars and has appeared in the media when family law issues have involved public debate and consideration.
Stephen Bourke
Stephen Bourke is an accredited specialist with the Self-Managed Superannuation Fund Association (SMSFA). He is also an affiliate of the Taxation Institute of Australia and has now completed the Graduate Diploma in Applied Tax. He holds the degree of Bachelor of Arts (Public Administration) from the University of Canberra and received the prize for excellence on graduation awarded by the Australian Institute of Management. He also holds the degree of Bachelor of Laws from the Australian National University. Stephen Bourke is the Director in the legal practice, SuperSplitting, an internet-based superannuation law practice that specialises in superannuation law and family law. Stephen Bourke is author of the text “Super Splitting for Family Lawyers” published in February 2011 and co-author of “Super Splitting on Marriage Breakdown”.
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.
Elizabeth Rusiti
Elizabeth Rusiti 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 in 2020.
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.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)