Family Law: High-Value & Complex Property & Financial Settlements
Dealing with issues that are outside the normal can test even the most experienced family law practitioner. We have identified issues that challenge practitioners & brought together the best of the best to speak. You’ll spend the day identifying the real assets in complicated ownership structures, addbacks, contributions, trusts and crypto currencies. Then take a deep dive into de-facto relationships & BFA’s 5 years on. Make time to upskill, gain your points and come celebrate our 20th Anniversary. 2211N28
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Practice Management & Business Skills
This program is applicable to practitioners from all States & Territories
The conference will be followed by a Networking Drinks Reception
Session 1
Identifying and Dividing Up the Financial Assets
Chair: Jacqueline Dawson, Principal Solicitor, Sexton Family Law; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer and Leading Parenting & Children’s Matters Lawyer, Doyle’s Guide 2022
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Looking Beyond the Veil: Identifying the Real Assets: Who Owns What?
Not all cases fit the ‘house and garden’ mould where assets are held in the names of one or both of the parties, thus making the identity and valuation of those assets a relatively straightforward task. Often parties have interests in companies, trusts, self-managed superannuation funds, and other entities. And those entities may own valuable assets. Now it gets trickier. Examine and discuss:
- Identifying the ownership structure
- Working through complex company and trust arrangements
- Identifying the assets, the liabilities and the contingencies
- Third party interests: To join or not to join?
- Issues in completing the balance sheet
- Practical issues: disclosure, valuers, file management and other frustrations
- Relevant recent cases
Presented by Cathie Blanchfield, Solicitor Director, Blanchfield Nicholls Partners; Leading Family & Divorce Lawyer and Leading Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2022
9.50am to 10.40am 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
- More ‘creative’ approaches: how to deal with some different scenarios with trusts
Presented by Edward Cox SC, Greenway Chambers
10.40am to 10.55am Morning Tea
10.55am to 11.45am Consideration of Contributions: Weight, Timing, Source and Other Factors
- Initial, post separation and during the relationship: does it matter?
- Springboards and gold bars
- Redundancies, inheritances, compensation payments etc.
Presented by John Longworth, Barrister, Frederick Jordan Chambers and Leah Reid, Barrister, Greenway Chambers
11.45am to 12.35pm Treatment of Assets that Have Gone: Where are we at with Addbacks?
- Categories where assets may be notionally added back into the pool
- Did Stanford change the landscape?
- Alternate ways of dealing with dissipation
- Relevant recent cases; Candle & Falkner [2021] FamCA 247; Warbrick & Warbrick [2021] FamCAFC 60; Kwon & Reece [2022] FedCFamC1F 203
- Paid legal fees
- Premature distribution of matrimonial assets
- Wastage
Presented by Heidi Menkes, Partner and Tineka Winter, Senior Associate, Pearson Emerson
12.35pm to 1.15pm What is a Digital Asset? Cryptocurrency and Digital Assets as Transferrable Assets
- What is a crypto asset
- Crypto currency
- NFTs
- Some crypto assets are locked up with some Defi process:
- What does that mean
- What to do when this occurs
- Custody of crypto assets:
- Hardware wallets
- Custodial wallets
- Lost crypto assets
- What does that mean
Presented by Dr Adrian McCullagh, ODMOB Lawyers
1.15pm Final Q&A and Closing Comments by the Chair
Session 2
De Facto Relationships and BFA’s
Chair: Maurice Edwards, Special Counsel, Rafton Family Lawyers; Accredited Specialist in Family Law; Nationally Accredited Mediator and Accredited Arbitrator; Recommended Family Law Mediator, Doyle’s Guide 2020
2.00pm to 3.00pm What is a De facto Relationship? Is it Now settled or Still Open for Interpretation?
- Section 4AA of the Family Law Act: the statutory definition of a de facto relationship
- The High Court’s decision in Fairbairn v Radecki [2022] HCA 18
- Sharing life as a couple: when does a de facto relationship start
- What steps or conduct marks the end of a de facto relationship
- Jurisdictional requirements to bring a de facto financial claim
Presented by Irene Morozov, Partner, Barkus Doolan Winning Family Lawyers; Accredited Family Law Specialist; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2022
Practice Management & Business Skills
3.00pm to 4.00pm Financial Proceedings Involving the Rich and Famous and the FCFCoA's Major Complex Financial Proceedings List: Practical Insights
- Matter handling & client service expectations: Is a different approach required?
- Managing the client entourage & issues of risk
- ‘Project management’ with other professionals for best outcomes
- Alternate dispute resolution and scope for creativity
- Operation of the FCFCoA's Major Complex Financial Proceedings List: What is it, who's in and what to expect
Presented by Shannon Rogers, Partner, Barkus Doolan Winning, Accredited Family Law Specialist
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Are Binding Financial Agreements a Shield to Cupid’s Bow and Arrow?
A review of BFA’s five years on from the decision in Thorne & Kennedy including:
- Are BFAs’ still popular in the legal profession?
- What are the traps to avoid in drafting?
- How easy is it to set aside a BFA in Court?
- Is there a trend evident from recent court decisions?
Presented by Maurice Edwards, Special Counsel, Rafton Family Lawyers; Accredited Specialist in Family Law; Nationally Accredited Mediator and Accredited Arbitrator; Recommended Family Law Mediator, Doyle’s Guide 2020
5.15pm Final Q&A and Closing Comments by the Chair
Presenters
Jacqueline Dawson
Jacqueline Dawson is the Principal of Sexton Family Law and an Accredited Specialist in Family Law. Admitted to practice as a solicitor in 1994 and an Accredited Specialist since 2001, Jacqueline began practice in early 1995 with the firm then known as Robyn Sexton & Associates and remained as a principal of the firm when Judge Sexton was appointed to the Federal Magistrates Court. Jacqueline is a Councillor of the Law Society of NSW. She is presently Chair of the Specialist Accreditation Board of the NSW Law Society, Co-Chair of the Family Law Committee of the NSW Law Society and Deputy Chair of the Professional Conduct Committee of the NSW Law Society. She also serves as a committee member of the Sydney University Law Extension Committee and of the Legal Qualifications Committee of the Legal Profession Admission Board.
Cathie Blanchfield
Cathie was admitted as a solicitor in New South Wales in July 1988. She was appointed a partner with Stuart Fowler and Partners in 2000, and in 2007 established Blanchfield Nicholls with Nigel Nicholls. For over 30 years Cathie has practised exclusively in family law and related matters. Her work has focussed on primarily financial and property matters for married, de-facto and same sex couples. She is expert in resolving complex family financial arrangements and has extensive experience in dealing with parenting matters. Cathie has developed a particular interest and expertise in drafting and advising on Financial Agreements, and this has become a significant part of her practice. Cathie has been recognised as a Leading Sydney Family & Divorce Lawyer since 2016, a Recommended Family & Divorce Lawyer (Australia) since 2017 as well as a Leading Family Lawyer (High-Value/Complex Property Matters) – NSW in 2019, by the independently researched and peer nominated Doyles Guide.
Edward Cox SC
Edward Cox SC is a commercial and equity barrister who also regularly appears in family law property matters. He has extensive experience in international disputes, specialising in shipping and private international law. Edward regularly appears in the Federal Court, Supreme Court of NSW, Federal Circuit and Family Court and District Court of NSW.
John Longworth
John Longworth is a senior member of the Sydney Family Law fraternity who was one of the first lawyers accredited by the Law Society as a specialist. Both as a solicitor-advocate and barrister, John has worked in many state and federal courts, including at first instance and appellate level. In addition, John is a qualified Arbitrator, has completed training as a Family Dispute Resolution Practitioner and has worked on a range of committees and organisations involved in the development of family law policy and strategy. John's extensive legal experience and community involvement has enabled him to develop a broad-based and authoritative view of the Family Law system in the Australian community. John is also featured in Doyles Guide as one of the Recommended Family Law Junior Counsel in New South Wales.
Leah Reid
Leah practises principally in family law. Prior to being called to the Bar, she was a legal associate to a judge in the Family Court of Australia in 2012 and 2013, and also practised as a family law solicitor in complex property, parenting, and child support matters. Leah also worked as in-house counsel at Australia’s leading data analytics firm, advising on a broad range of areas including contract law, intellectual property law and privacy law. Leah’s experience as a commercial in-house lawyer coupled with her background in mathematical economics and statistics is particularly valuable in complex financial proceedings.
Heidi Menkes
Heidi is an Accredited Family Law Specialist and has practised exclusively in the area of family law for over 13 years. Heidi joined Pearson Emerson Family Lawyers in 2017 after having practised in other Sydney CBD based firms since being admitted as a solicitor in 2008. Heidi is also collaboratively trained and can offer this as an alternative way for clients to reach a commercially sound resolution to their dispute. Heidi and is a dynamic and pragmatic lawyer with extensive experience in a wide range of family law matters ranging from complex property matters including high net worth individuals, trust structures and complex corporate structures, to spousal maintenance, financial agreements, and matters involving third parties, child support and parenting. Heidi is a regular presenter at family law conferences throughout NSW and Australia, and was recognised by Doyle's Guide as a Rising Star in family law in the Australian legal market for 2020.
Tineka Winter
Tineka is an Accredited Specialist in family law. She holds a Bachelor of Laws (Honours) and a Bachelor of Arts with Distinction from the University of Newcastle. After graduating from university, Tineka spent a year working for a commercial firm in London before working as an Associate for two years in the Federal Circuit Court of Australia. Tineka’s experience working in the Court allowed her to develop a deeper understanding of how Judges make decisions, which assists in giving considered and practical advice to clients. Tineka developed a passion for family law whilst studying when she volunteered at a community legal centre and then worked as a paralegal in a small firm that specialised in family law. Tineka is motivated by a desire to assist in resolving matters and in helping her clients to navigate the challenges people face following the breakdown of relationships. Tineka assists in a wide range of family law issues for our clients parenting disputes and arrangements and property settlements following separation, as well as preparing financial agreements for the protection of assets during relationships.
Dr Adrian McCullagh
Adrian has degrees in Computer Science and Law as well as a Ph.D. in IT Security. He obtained his Ph.D. from the Information Security Research Centre at the Queensland University of Technology. He has been practicing in IT law for more than 30 years being one of the pioneer IT lawyers within Australia. He is a member of the Queensland Law Society and a member of the American Bar Association and participate in the Information Security Forum. In 1999 he was the QUT Faculty of Information Technology Alumnus of the year. Even though in private practice he continues to undertake research matters with academics at the Griffith University and the University of Queensland and has published in a wide variety of academic journals in the USA, UK and Australia. He is a member of the Intellectual Property and Information Technology Committee for the Queensland Law Society. Adrian?s current research interests include Telecoms security, IT security, IT governance, cryptocurrencies, Blockchain and its uses in supply chain management, Decentralised Autonomous Organisations and Identity Management. He is also investigating the impact of autonomous vehicles and machine learning and their policy considerations.
Maurice Edwards
Maurice Edwards is an Accredited Family Law Specialist, a Registered Family Dispute Resolution Practitioner (FDRP), a Nationally Accredited Mediator and Accredited Arbitrator. He is a Collaborative Family Lawyer and was President of the Greater Sydney Collaborative Family Law Group. Maurice is a Public Notary and a Fellow of the Australian and New Zealand College of Notaries. He is the Rafton Arbitration and Mediation Practice (RAMP) leader and heads a team of mediators, arbitrators and parenting co-ordinators dedicated to providing easier access to allow parties to resolve family law disputes. Maurice has trained in Japan specifically in the mediation of disputes relating to the Hague Child Abduction Convention. He has 38 years’ experience in family law and is Special Counsel at Rafton Family Lawyers.
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.
Shannon Rogers
Shannon has practiced in family law for more than 13 years with a focus on financial and parenting cases that involve complex facts and issues. Shannon is an Accredited Family Law Specialist and is an experienced litigation lawyer with exceptional skills – representing clients at both trial and Appellate level. Shannon developed a passion for this area of law because of his innate understanding of relationships and his ongoing awareness of the difficult emotions that often confront both sides of a dispute. Shannon helps our clients with a strategic and common sense approach that keeps clients at ease and resolves matters as efficiently as possible. Shannon is particularly skilled in dealing with matters that are high in conflict and involve allegations of Family Violence and complex parenting disputes. Shannon also has experience in matters involving Apprehended Domestic Violence Orders in the Local Court of NSW.