Family Law Interdisciplinary Issues Conference
Cross-disciplinary issues in a family law matter can raise more questions than answers. At our 20th Anniversary Conference, we have brought together the best speakers to answer those challenging questions. You’ll learn how to deal with Trusts, Superannuation, Tax, Estate Planning & Family Provision claims in your family law matters. Plus, hear the Hon. Justice Brasch & others discuss how to manage the impact of family violence on parenting matters. A must attend program for advanced practitioners. 2211V05
Description
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
The conference will be followed by a Networking Drinks Reception
Session 1
Family Law Interdisciplinary Issues: Tax, Super, Trusts and Succession
Chair: Peter Szabo, Director, Peter Szabo Family Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Dealing with Constructive, Resulting and Discretionary Trusts in a Family Law Context
- Differences and characteristics of trusts
- How has the Family Court dealt with trusts and the intersection of trusts in a family law context: recent cases
- Practical examples of different trusts and evidence required to support the existence of a particular trust
Presented by Dr Bill Orow, Barrister, Greens List and Anna Domalewski, Special Counsel, Family & Relationship Law, Lander & Rogers; Accredited Specialist in Family Law; Family Law Rising Star, Doyle’s Guide 2021
9.50am to 10.35am Superannuation Orders Are Made: Will Your Client Get the Result You/They Expected?
- What can be put in orders?
- Implementation of superannuation orders
- SMSF
- Government super funds
- Defined benefit super funds
- Accumulation funds
- Who will pay any tax resulting from the superannuation split?
- How to avoid unhappy surprises
Presented by Tricia Peters, Principal, PetersMcKeown Financial Planners; Accredited Mediator, Collaborative Law Financial Planner and Alternative Dispute Resolution Practitioner
10.35am to 10.50am Morning Tea
10.50am to 11.35am Tax Liabilities: For Better or For Worse?
- How does the court treat tax debts that have not yet crystallised?
- When will the court decide that tax debts are not shared equally between the parties?
Presented by Jeanette Swann, Barrister, Foley’s List
11.35am to 12.20pm Estate Planning Opportunities with Family Law Settlements
- Forced estate planning: striking a deal to enable assets to pass properly under the estate plan post settlement
- Revenue opportunities in asset restructures in the family law settlement: making the most of an opportunity to restructure assets as part of the estate plan
- The use of child maintenance trusts for families with young children
- Control mechanisms to ensure one’s ex-spouse does not end up controlling the children’s inheritance
Presented by David Davis, Principal, David Davis and Associates
12.20pm to 1.05pm Family Provision Claims in Light of Financial Property Settlements
- In what circumstances could family provision claims be made during or post the settlement
- What does the court consider when deciding on such claims
- Recent cases
Presented by Ines Kallweit, Principal Lawyer, KHQ Lawyers; Accredited Specialist in Wills & Estates
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Family Violence and the Relevance to Family Law Parenting Cases
Chair: David Goddard, Barrister, Holmes List
Professional Skills
2.00pm to 2.45pm The New Critical Incident List at the FCFCOA: What you need to know
The New Critical Incident List was established by the Court as a fast-tracked process to help families who need to make appropriate arrangements for children where no parent is available or appropriate as a result of death, critical injury, or incarceration relating to family violence.
Presented by The Hon. Justice Jacoba Brasch, Division 1, Federal Circuit and Family Court of Australia
2.45pm to 3.30pm The Intersection of State Protection Orders and Parenting Orders
- Relevance of state protection orders to parenting cases
- Family Law Act 1975 provisions
- Have the 2011 amendments made any difference?
- Latest developments
Presented by Dr Renata Alexander, Barrister, Holmes List; Recommended Parenting & Children’s Matters Barrister, Doyle’s Guide 2020; Author, Family Violence in Australia, The Federation Press
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Admissibility of Evidence
- Commonwealth Evidence Act
- Cross over with Division 12A proceedings
- When does the exception apply?
Presented by Robyn Wheeler, Barrister, Foley’s List
Professional Skills
4.30pm to 5.15pm Sexual Abuse Allegations in Family Law Evaluations
Presented by Dr Simon Kennedy, Clinical and Forensic Psychologist, Psychology Camberwell
5.15pm Networking Drinks
Presenters
Peter Szabo
Peter Szabo is an acknowledged leader among Family Lawyers, Innovative and a trail blazer, he was involved in leading cases such as Ascot Investments v Harper (third party rights) and In Re K (appointment of ICL’s in parenting cases). He was instrumental in the establishment of Specialist Accreditation in Family law. He remains involved as the current Chair of CLE for Accredited Specialists. He has been an Instructor in Family Law at the Leo Cussen Institute for over 40 years. He was a presenter at the very first session on BFA’s at Leo Cussen in 2001. His main focus now on the interaction between Family Law, asset protection and succession planning. He is a strong believer in sharing the knowledge.
Dr Bill Orow
Bill Orow is an expert in the fields of taxation law, superannuation and trusts holding a Ph.D as well as an LL.M and has had many works on taxation published, including authoring Comparative Anti-Avoidance Rules, Jordans, and co-authoring Income Tax and GST Planning Strategies Manual, Thomson Reuters. He practices in Federal and State taxation and has been briefed in matters involving income taxation, GST, superannuation, stamp duty, land tax, general infrastructure contribution tax and payroll tax. In addition, Bill has been briefed in general commercial law matters involving freezing orders, contempt of court, breach of trust, directors duties, insolvency, trade practices and common-law disputes (such as professional negligence and misrepresentation) and administrative law matters where prerogative writs were sought.
Anna Domalewski
Anna is an accredited family law specialist and has worked exclusively in family law for 10 years. Anna commenced her career in Sydney as a Deputy Associate to a Judge in the Federal Circuit of Australia. Her experience at the Court provided her a solid foundation and a thorough working knowledge of the family law system. Anna has practised in Sydney, Parramatta and Brisbane. She has experience litigating matters in court registries across the eastern seaboard. Anna is an experienced litigator and confidently navigates her clients through the family law system. Her strong practical experience ensures that her clients are well prepared and informed of the process. She is committed to providing alternatives to litigation for clients, where possible, and is experienced in alternative dispute resolution, including mediation and arbitration. She is experienced in complex parenting and property matters including spousal maintenance and child support issues.
Tricia Peters
Tricia Peters MBA MPAcc is a Certified Financial Planner (CFP), Mediator, Academic, Author and Collaborative Financial Professional. She is a Director of MELCA, an alternative dispute resolution centre for families, and Director of PetersMcKeown Financial Planning. Tricia works with people going through separation and divorce, assisting them with the many financial issues and decisions they face at this stressful time in their lives. Tricia is an expert in all technical aspects of financial planning and is known nationally for her expertise in superannuation splitting on marriage breakdown, consulting to family lawyers and providing expert evidence in court. She is a regular presenter at family law seminars and conferences. Tricia worked for 25 years as a university lecturer in the areas of financial planning, accountancy and business management in Australia and Asia. She co-authored the financial planning text book 'Personal Finance', writing a chapter on estate planning. She also co-authored 'Breaking Up Without Breaking Down', a book to help people through the maze of separation and divorce.
Jeanette Swann
Before coming to the Bar in 2013, Jeanette Swann was a solicitor for over 18 years and was a director of a boutique city practice. Since being admitted to practice in 1993, Jeanette has worked in city, suburban and rural practices. She has been an LIV Accredited Family Law Specialist since 2001. In addition to her expertise as a family lawyer, Jeanette has many years of experience as a solicitor in handling general commercial, property, insolvency, common law and estate matters. This background has enhanced her abilities as a “well-rounded” family lawyer. Jeanette is available to take briefs in all areas of family law and is also an experienced mediator.
David Davis
David is the head of David Davis & Associates, and practices in all aspects of estate and business succession planning, estate administration and estate litigation including Superannuation Complaints Tribunal, VCAT and the Supreme Court. He has contributed to the development of succession policy at state and federal levels, has led training and education intensives for professional groups including accountants, financial planners and solicitors, and presented at state and national conferences. He is past chair of the Law Institute of Victoria Elder Law Committee, a Certified Tax Adviser with the Tax Institute of Australia, Treasurer of the Northern Suburbs Law Association and a past member of the Human Research Ethics Committee at La Trobe University.
Ines Kallweit
Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and Notary Public. She is also a member of the Society of Trust and Estates Practitioners. Ines advises clients in all areas of estate planning, estate administration and estate litigation. Ines’ practice ranges from estate planning, the preparation of Wills and powers of attorney to complex estate administration and estate litigation. Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters. Ines’ expertise includes succession planning and asset structuring, advice in relation to and preparation of powers of attorney, appointment of medical treatment decision makers and advanced care directives. She also looks after applications for grants of probate and letters of administration, guardianship & administration matters (including VCAT appearances), will and trust disputes, family provision claims (seeking further provision from deceased estates) and resealing international & interstate grants of probate. Her expertise also includes charitable gifts & cy-prés applications, and complex estate administration (including as court appointed administrator). Ines also has a keen interest in promoting legal education. She has a Master of Teaching and is a former adjunct lecturer at the College of Law. She speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is a native German speaker. Ines is widely regarded as one of the country’s leading practitioners in this area of law and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for seven consecutive years (2015-2022).
David Goddard
David Goddard has been practicing in the areas of family law, criminal law and intervention orders since coming to the Bar in 2004. David principally practices in family law and has appeared in numerous defended final and interim hearings in courts exercising jurisdiction under the Family Law Act. He has experience in both parenting and property matters and in family law appeals. David is a nationally accredited mediator and regularly undertakes mediations in property and parenting matters, both pre-litigation and pursuant to court orders. He is able to use his broad experience to assist disputing parties come to agreement. Over his years at the Bar David has also developed a strong intervention order practice, appearing at all stages of proceedings and related proceedings, including on appeal in the County Court and in contested applications under Section 189 of the Firearms Act. David also has experience in criminal law matters in the Magistrates' and County Courts.
The Hon. Justice Jacoba Brasch
The Hon. Justice Jacoba Brasch was admitted to the Bar in 2000 and developed a practice in family law, customs and excise, and, mental health law. Her Hon. has appeared in matters in most states and territories of Australia and often appears in the Full Court of the Family Court of Australia. Her Hon. has also appeared several times in the High Court of Australia, including family law matters, customs & excise, and, the Hague Convention (Child Abduction). In 2000, Her Hon. completed an LLM at New York University as a Fulbright Scholar and NYU Graduate Merit Scholar. In 2010, Her Hon. graduated with a PhD from UNSW where her doctoral thesis concerned what constitutes a fair, independent and impartial trial, using Australian courtsmartial as her subject matter. Her Hon. took Silk in 2014 and joined the bench in April 2022.
Dr Renata Alexander
Dr Renata Alexander was admitted to practice in 1979. From 1980 to 1997 she worked as an in-house solicitor and accredited family law specialist at Victoria Legal Aid in Melbourne. From 1997 to 2002 she was a Deputy Registrar with the former Family Court of Australia in Melbourne. She was called to the Victorian Bar in November 2002. Renata has also pursued post-graduate studies and an academic career. She has a Master of Laws by thesis on domestic violence (Monash University) and a PhD in law from Monash University with her thesis ‘Reflections on gender in family law decision making in Australia’. She has written/co-written books on family law as well as numerous book chapters and articles. She is the co-author of three books on child abuse and family law, the latest being Family Law in Australia (10th ed, Lexis Nexis, 2021). She is also the sole author of two books on family violence, the latest being Family Violence in Australia: The Legal Response (Federation Press, 2018). She is currently working on a book based on her PhD thesis. Dr Alexander has also been with the Faculty of Law at Monash University for many years. She currently teaches family law in the JD/LLM program. As a barrister, Renata practises exclusively in family law, specialising in family violence, child abuse, parenting cases and the separate representation of children.
Robyn Wheeler
Robyn is an experienced trial advocate. She is well known for her papers and presentations for the LIV and other organisations. Her practice involves complex property and children cases, appellate work and she conducts successful mediations. Prior to being called to the bar Robyn was a partner in a national firm heading the Family Law section. Robyn has a particular interest in Equitable interests and “farming cases” given her background. Robyn’s practice has taken her interstate on circuits and to a number of other registries of the Family Court and the Federal Circuit Court. In her spare time she likes nothing better than to ride a fine horse or fly down a fresh run of powdered snow.
Dr Simon Kennedy
Dr. Simon Kennedy is a Clinical & Forensic Psychologist with a specialty in psycho-legal assessment, particularly in family and children’s courts. He is director of Psychology Camberwell, a practice specialising in psycho-legal assessment in family law. Dr. Kennedy has written over 2000 reports in family law matters, over 12,000 independent psycho-legal reports over 35 years in family, children’s, criminal, & civil matters, including single expert family reports, individual psychological and psychosexual evaluations and second opinions, and gives evidence to Australian family courts on a regular basis. He has particular expertise in family, psychosexual & mental health assessment. He trains widely in family & children’s psycho-legal matters.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court