Advanced Family Law Financial Property Settlements
Master how to deal with difficult legal areas impacting financial property settlements. Examine when and how to successfully obtain a Kennon adjustment and what lump sum contributions should be considered. Explore the impact of the equitable trust on the property settlement and steps to take to deal with family-controlled company disputes. Learn how to value a COVID impacted business, gain an update on SMSF changes, and learn how bankruptcy might be dealt with at different stages of separation. 226N09
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Adjustments, Contributions, Trusts and Family Companies
Chair: Sheridan Emerson, Partner, Pearson Emerson; Accredited Specialist in Family Law; Preeminent Family & Divorce Lawyer, Doyle’s List
9.00am to 10.00am Kennon Adjustments: Domestic Violence and Property Settlement in Relationship Breakdown
- What is the evidentiary burden involved in running this argument?
- Australian Law Reform recommendations
- Family Court Full Court of Appeal: recent decisions
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
10.00am to 11.00am Dealing with Family Controlled Companies and Shareholder Disputes
- Shareholder disputes in the context of financial settlement considerations: how should the parties deal with:
- Third party shareholders
- Derivative actions
- Just and equitable wind-up applications
- Insolvent companies in the context of financial settlements
- Dealing with assetless companies, companies with trading debts or companies in a dubious financial position and how they are dealt with by the Family Court
Presented by Hugh Smith, Senior Associate, Chamberlains
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Lump Sum Contributions
- Gifts: What is the difference between a gift and a loan? Was it given just to one party or both? How to protect your client
- Loans: when might they be statute barred
- Compensation claims
- Insurance claims
- Redundancy
- Inheritance
Presented by Glenn Thompson OAM, Partner, Newnhams Solicitors; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2022
12.15pm to 1.15pm The Interrelation of Equitable Trusts and Family Law Property Cases: Revisited & Updated by Demand
- Equitable trusts including resulting and constructive trusts
- Marriage and de facto cause of action
- Relevant relief in Family Court and state courts
Presented by Michelle Castle, Barrister, 13th Floor St James Hall
Session 2
Valuations, SMSFs and Bankruptcy
Chair: James Richardson, Special Counsel, Dimocks Family Lawyers
2.00pm to 3.00pm Valuing a COVID Impacted Business
- How do we deal with the positive and negative impacts of COVID on business valuations?
- How do we deal with COVID affected financial performance over three accounting year ends?
- Does ongoing economic uncertainty continue to impact the valuation?
- What do we do about the ongoing impact of government stimulus and tax breaks on the valuation outcome?
- Is there a light at the end of the tunnel?
- What can be done to ensure an equitable outcome?
Presented by Suzanne Delbridge, Director, Delbridge Forensic Accounting
3.00pm to 3.15pm Afternoon Tea
3.15pm to 4.15pm Update on Changes to SMSF and How to Apply Them
- How to deal with six member SMSFs?
- What challenges does SuperStream present in a family law settlement?
- The valuation principles for SMSFs: an update on how to deal with penalties and deferred tax liabilities
- Difficult cases: future split to take advantage of the rising real property market
- Difficult cases: use of Superannuation Agreements for unknowns in the base amount
Presented by Stephen Bourke, Director, Super/Splitting
4.15pm to 5.15pm How Bankruptcy is Dealt with at Different Stages: Before Separation, Post Separation and After?
- What vests in the Trustee in Bankruptcy? How is Super dealt with in an insolvent estate? Does the Trustee have the rights to the Super?
- Can non-bankrupt spouse make a claim against the marital property and for how much?
- What are the rights of the Trustee to get access to property that is owned by a non-bankrupt spouse? Can they file a caveat? Do they have a caveatable right to do so?
- How does the Bankruptcy or Liquidation affect the Family law proceedings?
- Understanding the interrelationship between vested bankruptcy property s58 and the distinction between divisible property, s116(1) and non-divisible property s116(2) Bankruptcy Act 1966
Presented by Daniela Naidenov, Principal, Daniela Fazio Lawyers
Presenters
Sheridan Emerson
Sheridan Emerson is a Partner at Pearson Emerson Family Lawyers and is an Accredited Family Law Specialist. Sheridan was recognised as a Preeminent Family & Divorce Lawyer and Leading Family Lawyer (High- Value & Complex Property Matters) in Doyle's Guide 2021. Sheridan is also a Fellow of the International Academy of Family Lawyers (IAFL). Sheridan practices exclusively in family law.
Neil Jackson
Neil Jackson holds a Bachelor of Law and Bachelor of Economics from Sydney University (both obtained in 1986), and a Master of Law from the University of New South Wales (obtained in 1996, majoring in a family law related subjects). He practised as a solicitor in Sydney from July 1986, largely specialising in personal injury litigation, family law and de facto relationships law, before being called to the New South Wales Bar in February 1997. From 1998 he was the National Editor of the CCH De Facto Relationships Service. As a solicitor, he was a member of the New South Wales Law Society Family Law Committee and the Committee of Family Law through the City of Sydney Regional Law Society. Further, he was part of the Sydney Registry of the Family Court of Australia's Duty Solicitor Scheme. He is also an accredited specialist through the Law Society of New South Wales in both family law and personal injury. In 1996 and again in 2003 he obtained a certificate through the Law Council of Australia and National Legal Aid, relating to the representation of children. Currently he practises as a barrister, exclusively in family law and de facto relationships law, at Frederick Jordan Chambers, Sydney. Neil Jackson is also a member of the Conciliators and Arbitrators Association, the Australian Association of Family Lawyers and Conciliators, and the Family Law Section of the Law Council of Australia. Further, he is currently on the Legal Aid Committee of the Bar Association of New South Wales. From 1998 until 2011 he was also an active Director on the Board of Family Planning Association (NSW). Family Planning NSW is the organisation to go to when it comes to reproductive and sexual health in NSW. They are an independent, not-for-profit organisation focused on the promotion, collection and dissemination of reproductive and sexual health knowledge and information. Currently he is a Board Director of 3 Bridges. 3 Bridges is a community based organisation which develops and provides a range of community and welfare services in the St George and Sutherland Districts. In 2002 he was appointed as an Arbitrator of the New South Wales Compensation Commission. This is a position to which he has actively held for over three years. Many of his judgments can be found on the website of the Workers Compensation Commission, at www.wcc.nsw.gov.au/decisions.asp In 2004 he was appointed a Mediator of the New South Wales Supreme Court. In 2004 he was appointed an Arbitrator of the New South Wales District Court. Since 2007 he has been a Commonwealth Government appointed Family Dispute Resolution mediator. Neil Jackson is presently an Arbitrator of the Local Court of New South Wales. He has, in recent years, regularly contributed by way of lectures and seminars in family law related issues through the New South Wales Young Lawyers Association, a branch of the Law Society of New South Wales; and the New South Wales College of Law.
Hugh Smith
Hugh is a Senior Associate at Chamberlains Law Firm which has ranked in the top 10 fasting growing firms at the Australasia Law Awards of two occasions in the last 7 years. Hugh specializes in corporate insolvency and corporate disputes and practices mainly in the Federal Court and the Federal Circuit and Family Court. Hugh has acted numerous for liquidators in proceedings in the Family Court and for companies that have directors and/or shareholders involved in family law proceedings.
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 36 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 became a qualified Arbitrator with AIFLAM on 31 October 2020. 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.
Michelle Castle
Michelle Castle was called to the Bar in 2007. After graduating from the University of Sydney in 1991, Michelle worked as tipstaff to Justice Simon Sheller in the NSW Court of Appeal. Thereafter Michelle practised as a solicitor with Allen Allen & Hemsley in the Construction and Arbitration department before working with, and ultimately being principal of, DGT Thompson. It was there that Michelle became a recognised expert in the law and practice of legal costs. Michelle is also a court-appointed costs assessor and serves on the Costs Assessment Rules Committee established under the Legal Profession Uniform Law Application Act 2014. At the Bar, Michelle has a diverse practice in commercial and equity matters, building and construction, bankruptcy and insolvency, corporations law, administrative law, professional negligence, succession law and costs law. Michelle is a regular presenter of seminars and contributor to LSJ. She presented at Rosie Traill’s 6th Annual National Practical Bankruptcy Congress on the 3rd of December 2018. The topic was s.130 warrants and the use of other compulsive powers to obtain information.
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 focused 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.
Suzanne Delbridge
Suzanne Delbridge is an experienced forensic accountant and is a Director of Delbridge Forensic Accounting. Over the past 30 years Suzanne has been providing valuation reports for, or in anticipation of, litigation, other dispute resolution forums and for commercial purposes. Over this period Suzanne has given evidence as an expert witness in the Federal Circuit and Family Court of Australia and Family Court of Western Australia and the Supreme and District Courts of New South Wales. Suzanne is regularly retained in complex property matters, and has played an integral role at all stages of proceedings from case formulation to implementation of final orders. Suzanne is a regular writer and presenter of valuation, tax and forensic accounting papers and workshops.
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”. Cases where reports have been provided and cases where the text has been cited are listed: W & W [2005] FamCA 430 (2 June 2005); Morton & Morton [2008] FamCA 854 (10 January 2008); Guthrie & Rushton [2009] FamCA 1144 (27 November 2009); Hayton and Bendle [2010] FamCA 592 (16 July 2010); Kane & Kane [2016] FamCA 163 (18 March 2016). Texts cited: Gabel & Yardley [2007] FamCA 1322 (12 November 2007) at para 60 citing a PAJ & GMJ [2003] FamCA 751; Semperton and Semperton [2012] FamCAFC 132; (25 August 2012) para 134.
Daniela Naidenov
Daniela is a Solicitor specialising in personal insolvency, with a particular passion concerning the interaction between bankruptcy and family law. Daniela is highly regarded amongst Bankruptcy Trustees for her commercial, yet firm approach. Daniela founded Daniela Fazio Lawyers in 2015. Holding significant experience acting for Trustees in Bankruptcy, Liquidators, Trustees for Sale, Court appointed Receivers, secured creditors, bankrupts and debtors, Daniela offers proven success supporting corporate clients as well as lay clients to bring finality to all matters efficiently, cost effectively and as expeditiously as possible. Daniela is a Solicitor admitted to practice in New South Wales and has attained the qualifications pursuant to the National Mediator Accreditation System (NMAS) to become a qualified Mediator. Daniela is also an Accredited Mental Health First Aider by Mental Health First Aid Australia. Daniela has the technical skill and knowledge which is well beyond her years. She has over 17 years of experience working in a niche area of the law which only a few know as well as she does. In her spare time, Daniela is a passionate community advocate for mental health and a Speaker/ Ambassador for Beyondblue. As a result, Daniela and her firm have a tailored approach for managing those complex matters involving not only technical legal argument but concerns regarding the mental health of the opponents.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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