Family Law Financial Settlements: Key Issues
Delve into some of the key issues of the day for family law financial settlements. You’ll understand how to apply the new FCFCOA rules over valuation disputes. Consider the impacts of succession law on family law matters. Find answers on the question as to whether embryos should be deemed to be property. Explore the potential remedies at common law and equity when setting aside financial agreements. Examine all these issues in detail with an eminent panel of experts. WEB223V22
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Diana Perla, Principal, Diana Perla & Associates; Accredited Specialist in Family Law
1.00pm to 2.00pm Disputing Valuations: Application of the New Rules
- Appointment of a single expert witness
- Appointing another expert
- Clarification of single expert reports
- Cross examination of a single expert
- Disputing a real estate valuation
- Disputing a business Valuation
- Other types of valuations: cars, chattels, plant and equipment
Presented by Bronia Tulloch, Barrister, Foley’s List
2.00pm to 3.00pm Intersection of Family Law and Succession Law
- Capacity, family law and the role of substitute decision makers
- The treatment of testamentary trusts from a family law perspective
- Inheritances and their relevance in family law disputes
- Family provision claims post-separation: Are de facto relationships & marriages treated equally?
- Superannuation entitlements post-death: competing claims in a post-separation environment
Presented by Alison Ross, Partner; Accredited Specialist in Family Law; Best Lawyers 2022, Family Law and Family Law Arbitration; Leading Family & Divorce Lawyer and Family Lawyer (High-Value & Complex Property Matters) and Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2021 and Margaret Arthur, Special Counsel, HopgoodGanim Lawyers
3.00pm to 3.15pm Break
3.15pm to 4.15pm Can Embryos be Property?
Presented by Stephen Page, Partner, Page Provan Family Lawyers; Accredited Specialist in Family Law; Leading Parenting & Children’s Matters and Recommended Family & Divorce Lawyer, Doyle’s Guide 2021
4.15pm to 5.15pm Setting Aside Financial Agreements: What is the Impact of Common Law and Equitable Relief? Stanford Revisited
- Breach, variation, waiver, laches and estoppel
- Grounds for setting aside of a Financial Agreement
- Fraud
- Void, voidable, or unenforceable agreements
- Duress, undue influence, and unconscionability
- Impracticable performance
- Contractual remedies
- Recent cases
Presented by Daniel Kaufman, Special Counsel, Lander & Rogers
Presenters
Diana Perla
After graduating with a BA and an LLB at the University of Sydney in 1982, Diana Perla was admitted to the Supreme Court of NSW and admitted to the Israeli Bar in 1985. She speaks English, Hebrew (Ivrit) and Yiddish. Diana has been an accredited specialist in Family Law since 1994. In 2019, Diana attained qualification as a Notary Public. Diana is highly qualified and experienced in many areas of family law, including, complex financial matters, parenting matters and same-sex couple parenting matters. She also represents clients in the Supreme Court in relation to family provision claims. Diana has been involved with the Eastern Suburbs Family Law Group for many years as an active member and as Chairperson. She is also frequently called upon to present papers at Family Law Seminars to provide continuing education lectures to other lawyers.
Bronia Tulloch
Bronia Tulloch completed a Bachelor of Economics and a Bachelor of Laws at Monash University in 1993. She undertook articles at Maddock Lonie & Chisholm solicitors (now Maddocks) during 1995 and was admitted to practice on 6 May 1996. Since signing the Bar Roll on 19 November 1998 Bronia has practised exclusively in all areas of family law including children's matters, property, spousal maintenance, child support, de facto relationships and intervention orders. She has appeared in interim and final hearings in the Magistrates' Court, County Court, Supreme Court, Court of Appeal, Federal Magistrates' Court, Family Court, Federal Court and the Full Court of the Family Court.
Alison Ross
Alison Ross specialises in complex property matters and other financial matters arising from relationship breakdowns. An Accredited Family Law Specialist, Alison is the immediate past Chair of the Queensland Law Society's Family Law Committee. She is a member of the Queensland Law Society Continuing Professional Development Committee. She is also a member of the Family Law Practitioners' Association, the Law Council of Australia's Family Law Section, the Child Protection Practitioners' Association of Queensland and Queensland Collaborative Law. Alison has been ranked a leading lawyer in Doyles Guide to Leading Family and Divorce Lawyers - Brisbane since 2012.
Margaret Arthur
Margaret Arthur is a Special Counsel with HopgoodGanim Lawyers and specialises in the area of Succession law and Elder Law. In 2015 Margaret achieved accreditation in Succession law and is one of only 45 accredited Succession law specialists in Queensland. Margaret’s main areas of practice are: Disputes arising out of Wills and Estates including family provision claims; All aspects of Estate Planning including simple and complex Wills, Superannuation and Trusts; Appointment as an Independent Administrator or Litigation Guardian in Estate administrations and disputes; Executorship issues and Estate administrations; All aspects of Guardianship & Administration matters including applications to the Queensland Civil & Administrative Tribunal (QCAT); Intra-family matters such as co-residency arrangements, granny-flat agreements and reviews of Retirement Village and Residential Aged Care Agreements; Disputes arising out of Enduring Powers of Attorney and compensation claims for breach of duties. Margaret is the Chair of the Health & Disability Committee of the Qld Law Society, and a member of the Qld Law Society’s Succession law Committee. Margaret is also a member of the Management Committee of the Caxton Legal Centre.
Stephen Page
Stephen Page is a director of Page Provan, Brisbane. Stephen was admitted as a solicitor in 1987 and has been a Queensland Law Society family law accredited specialist since 1996. He has spoken extensively about family law, domestic violence and surrogacy issues at local, national and international conferences. Stephen is a Fellow of the International Academy of Family Lawyers (including being a member of its Surrogacy/Parentage Project and LGBT Committees) and of the Academy of Adoption and Assisted Reproduction Attorneys, and is an international representative on the ART Committee of the American Bar Association. Stephen is the founder of the LGBT Family Law Institute in Australia.
Daniel Kaufman
Daniel has practised exclusively in family law since his admission to practice in 2003. He takes a particular interest in complex property matters and has successfully represented clients in cases involving third parties. Daniel's areas of expertise include property matters involving large and complex asset structures and offshore assets; financial agreements including 'pre-nuptial' agreements and child support agreements; taxation aspects of property matters; the interaction of family law and estates law; children's matters, including residence/contact negotiations, child abuse cases and child abduction matters; spousal maintenance; de facto matters, including property settlement and cohabitation and separation agreements; guardianship and administration matters; family violence issues; and international children's and property cases.