Family Law Conference - High-Value & Complex Property & Financial Settlements
Delve into the unique & challenging issues faced by specialists with high-value & complex property family law matter as it brings a unique set of issues to challenge even for the most experienced specialist. Assets are commonly wrapped up in complex ownership & trust structures. Are you aware of the potential tax implications for your settlement. How best to deal with the jurisdiction issues and other issues associated with international assets. 2311N14
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Dealing with Difficult Assets
Chair: Michelle McMahon, Barrister, Culwulla Chambers
9.00am to 9.45am The Kennon Principle, Family Violence & Intentional Tort of Assault
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
9.45am to 10.30am Complex Entities with Minority Interests
- Information gathering
- Disclosure obligations
- Valuation issues
- Minority shareholders in companies
- Dealing with interests in trusts
- Joinder and intervention
Presented by Candice Lau, Special Counsel, Lander & Rogers; Accredited Specialist in Family Law
10.30am to 10.45am Morning Tea
10.45am to 11.30am Tax Implications for Property Settlements and Orders
- Review of tax and duty rollovers
- Whose name can the rollovers of assets be made in?
- Consideration given for unrealised gains or losses of assets rolled over
- Timing of when rollovers should be made
- Division 7A and other tax issues in moving assets out of family companies and family trusts
- What is Division 7A?
- The tax consequences of Division 7A non-compliance
- The tax consequences of Division 7A compliance: Doing it right!
- Traps and tips
- Avoiding tax troubles when drafting property orders
- Who should get what!
- Capital gains and losses in poorly drafted orders or lack thereof
- Practical examples and case study
Presented by Peter Bobbin, Principal Lawyer, Coleman Greig Lawyers
11.30am to 12.15pm Constructive, Resulting and Discretionary Trusts in a Family Law Context
Presented by Denis Barlin, Barrister, Thirteen Wentworth Selborne
12.15pm to 1.00pm End of Year Key Case Update and Changes to Major complex Property List – Practice Management and Pathway
A review of recent, significant cases and trends from the Federal Circuit and Family Court of Australia
Presented by Janai Tabbernor, Barrister, Waratah Chambers
1.00pm to 1.15pm Q&A Session
Session 2
International Assets, Parties and Matrimonial Issues Overseas
Chair: Eleanor Lau, Partner, Lander & Rogers; Accredited Specialist in Family Law
2.00pm to 2.45pm Jurisdictional Issues (When More Than One Option is Available): A Question of Priority and Enforceability
- Choice of forum
- Anti suit injunctions
- Parenting and property proceedings – different forums?
- Enforcement of foreign judgements in Australia
- Enforcement of Australian judgements overseas
Presented by Catherine Spain, Barrister, Waratah Chambers
2.45pm to 3.30pm Other Issues Associated with International Financial Matters
- Dealing with disclosure in relation to assets overseas, including how to deal with countries which are (or are not) parties to the Hague Evidence Convention
- Dealing with service overseas, including countries which are (or are not) parties to the Hague Service Convention
- Financial agreements and their relevance in this context
- International child support liabilities
Presented by John Spender, Principal, Kennedy Partners; Accredited Specialist in Family Law
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm CASE STUDY: Bringing it all together with Real Life Examples: General Discussion
Presented by
Catherine Spain, Barrister, Waratah Chambers
John Spender, Principal, Kennedy Partners
4.30pm to 5.15pm Uncovering Hidden Assets in Family Law Disputes
- Determining the source of the asset and how the asset has been used prior, and in the course of the dispute
- If separate property has been commingled with marital/community property how to undertake a tracing analysis
- Revealing hidden assets, undervalued assets, or undisclosed sources of income
Presented by Kelly Rigby, Partner, Grant Thornton
Presenters
Michelle McMahon
Michelle's obtained her legal qualifications in the UK and was admitted to the Supreme Court of NSW in 2007. She worked as a Senior Associate in a boutique Sydney firm, specialising in building and construction law, before being called to the Bar in 2010. Prior to her legal career, Michelle worked extensively in the field of domestic violence, managing women’s refuges’, domestic violence outreach services and children’s services. She won a funded scholarship from the Manchester Metropolitan University and obtained a M.Phil (law) for her thesis into the Police response to domestic violence, in 1995. In addition to law, Michelle holds qualifications in business management, economics and accounting. She qualified as a mediator in 2013 and in early 2019, completed a foundation course in taxation. Michelle’s qualifications, skills and experience have enabled her to develop a successful legal practice. She specialises in building and construction, family law (children and property), statutory interpretation and appellate law. Michelle appears in all Courts and Tribunals including the High Court of Australia, where she appeared in the recent landmark family law case of Masson and Parsons.
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.goAv.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.
Candice Lau
Candice is an Accredited Family Law Specialist and is a collaboratively trained lawyer, practising exclusively in family and relationship law. Candice has particular experience in high net worth financial matters and complex parenting matters. Candice is deeply committed to achieving the best possible outcomes for her clients, whether by resolution or in Court. Candice has worked in family law since her admission in to practice and attained her accreditation as a specialist in family law in 2018. Candice is also qualified as a collaborative lawyer, having undertaken her training in 2019. Prior to commencing her role with Lander & Rogers, Candice was employed in a leading specialist family law firm where she gained experience in a wide range of complex financial and parenting matters. At the start of her legal career, Candice gained experience in commercial litigation which has enabled her to provide strategic and informed advice to her family law clients. Candice appears regularly in the Family Court of Australia and the Federal Circuit Court of Australia.
Peter Bobbin
Peter Bobbin has a Master of Taxation, Bachelor of Laws and his Commerce Degree in Accounting and Finance System and leads the financial services team in Sydney. His experience covers the areas of superannuation, taxation, estate and business succession planning, commercial structuring, regulatory compliance, and general commercial issues. Peter has also been involved in developing Australia's first Master Financial Planning for University of Western Sydney and continues to act on a project basis for each of Australia's major financial institutions.
Denis Barlin
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.
Janai Tabbernor
Janai Tabbernor was admitted to the Bar in 2019, joining Waratah Chambers as a reader with Chris Othen. She is a member of the NSW Bar Association. Janai comes to the bar after spending two years as the Legal Associate to the Hon. Justice Ryan, Judge of the (then) Full Court of the Family Court of Australia. Since coming to the bar Janai has primarily acted in a broad range of family law disputes, including complex property (including for third parties) and parenting matters, and advised and appeared in matters in respect of forum and jurisdiction. She has particular expertise in appellate matters from her time as a Legal Associate in the Full Court. Janai has appeared in the city, suburban and regional Family Law Courts and Federal Circuit Courts, in cross-vesting matters in the NSW Supreme Court, the Children’s Court and in NCAT matters in respect of Child Support. Janai also accepts briefs in the areas of employment, estate and family provision law. Prior to her time as a Legal Associate Janai was a graduate solicitor at the Crown Solicitors’ Office working in the Inquiries and Torts teams and has worked as a paralegal at a specialist immigration law firm. Prior to studying law Janai worked as a Senior Policy Advisor to various federal and NSW Ministers and Shadow Ministers.
Eleanor Lau
Eleanor is an Accredited Family Law Specialist who practises exclusively in Family & Relationship Law. Eleanor has assisted clients in all areas of family law including property settlement, spousal maintenance, parenting matters, child support, financial agreements and matters involving international issues. Having an accounting background and completed a Master of Laws in Corporation and Commercial law, Eleanor is well-versed in advising clients across the spectrum of family law issues with particular expertise on financial matters involving complex structures such as trusts, companies and partnerships, including where assets are held both within Australia and overseas. Eleanor is also experienced in complex parenting matters, particularly in cases where an overseas element is involved. Eleanor is a member of the Specialist Accreditation Family Law Advisory Committee, which is responsible in overseeing and assessing other family lawyers in gaining their specialist accreditation in Family Law. She has been recognised in the Doyle's Guide as a Recommended Family & Divorce Lawyer and Leading Parenting & Children's Matters Lawyer. Eleanor is one of only a small number of Cantonese and Mandarin speaking family lawyers in NSW whom have attained specialist accreditation in Family Law.
Catherine Spain
Catherine was admitted to the Bar in 2012 and has practised exclusively in the area of family law since that time. Catherine has appeared in the Federal Circuit and Family Court of Australia in both first instance and appeal hearings and in the Supreme Court of NSW. Catherine also completed her mediation training through Bond University and mediates both parenting and property disputes. Catherine has been named as a recommended family law counsel in the Doyle’s Guide each year since 2016. Catherine is also a member of the NSW/ACT AFL Tribunal.
John Spender
John joined Kennedy Partners as an Associate in 2007 and was appointed a partner in 2012. He has been practising in the area of family law since 1993, and in 2003, he obtained accreditation as a specialist family law practitioner from the Law Institute of Victoria. John has extensive experience and a high level of expertise in all areas of family law, representing clients in complex and highly contested parenting proceedings and in property disputes involving intricate corporate and trust structures, and taxation issues. John also has substantial experience in the field of international matrimonial law, including jurisdictional and forum disputes, cross-national property matters and the issues of service and obtaining evidence overseas. He is a Fellow of the International Academy of Matrimonial Lawyers. Since 2003, John has been a member of various committees of the Family Law Section of the Law Institute of Victoria. He is currently a member of the Executive Committee and in 2023 was given a Distinguished Service Award by the Law Institute of Victoria for his service to the legal community. Un Since 2016, John has been recommended in the Doyle’s Guide to the Australian Legal Profession for his expertise and abilities in the family law area.
Kelly Rigby
Kelly works closely with senior executives, boards and their legal counsel to navigate complexities of fraud, corruption, employee misconduct and regulatory enquiry. A forensic expert, Kelly specialises in complex financial investigations and asset tracing, having led a number of high profile civil and criminal investigations across a broad range of industries and the public and private sectors. She has led large teams on complex forensic accounting matters involving the analysis of large volumes of electronic data, reconstruction of accounting records and the quantification of loss. She has extensive experience in high profile restructures and insolvency appointments, particularly identifying and tracing assets and the flow of funds. Kelly previously worked at a ‘Big 4’ firm, CBA and for the NSW Crime Commission pursuing confiscation and investigation of the proceeds of organised crime. Kelly’s experience in the financial services sector involved roles in financial crime investigations, conduct risk and internal audit where she worked closely with compliance, legal, audit and risk committees.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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