Family Law in WA: Super, Tax and the Amendment Bill

Don’t miss getting the heads up on the Family Law Amendment Bill 2023 from this key line up of speakers. Plus, gain a refresher from a tax expert on identifying key tax issues in Family law settlements to watch out so nothing gets missed. Also, get an all-important super update from the perspective of a superannuation expert on some common mistakes made by family lawyers and what you need to consider before advising your clients. WEB2311W08Z

Description

Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills

This program is based on WA legislation

Chair: Catherine Leach, CEO, Leach Legal

2.00pm to 3.00pm Family Law Amendment Bill 2023 – What does it mean for Practitioners? – Panel Discussion

Panellists:
John Hedges SC, Francis Burt Chambers
Elizabeth Needham, Barrister, Francis Burt Chambers 
Nicola Jansen, Consultant, O’Sullivan Davies Family Lawyers; Vice-President of FLPA(WA)

Professional Skills
3.00pm to 4.00pm Superannuation Update - What do Family Lawyers Need to Consider

Presented by Louise Sarracini, Senior Manager, Grant Thornton

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Tax Issues for Family Law Settlements – What’s New and What’s the Same?

  • Disclaimers after the High Court decision in FCT v Carter
  • Division 7A: How to not fall foul
  • Trusts: what needs to be on your checklist
  • Other tips and traps when drafting property orders
  • Practical examples to bring the theory to life

Presented by Daniel Taborsky, Managing Director and Shivani Jethwa, Associate, Birchstone Tax Law

Presenters

Catherine Leach
Catherine Leach is a Lawyer and the CEO of Leach Legal, a national Family Law firm. She commenced her Articled Clerkship in 1989 and was admitted to practice in 1996. Under the mentorship of the Honourable Peter Dowding S.C., she developed her skills in complex Family Law cases and in 1998, she became a partner of DCH Legal Group, later co-founding Maughan & Leach and eventually commencing Leach Legal in March 2004. Catherine completed her Masters in Family Law in 2012 and later lectured for the College of Law.  She has trained as a collaborative lawyer, mediator and arbitrator and has been a long standing advocate of ADR.  She has been a leader in technology and law, including being the first lawyer in WA to undertake a witness video link during a Family Court trial.  Catherine is a member of the global Entrepreneur’s Organization, currently serving as the Regional Governance Director for the Asia Pacific Region and as a member of the EO Global Governance Committee which oversees governance for its 18,000 members in 76 countries. She is also a member of LawAustralasia and Business women Australia and is the Deputy Chair for the Family Law Section National Conference in Perth in 2024. Catherine is a regular commentator on national television, radio, and in print media, providing perspective on matrimonial and Family Law matters and leadership and business and is passionate about implementing innovation and technology in law.

John Hedges SC
John Hedges graduated from the University of Western Australia with law degrees in 1980 and was admitted to practise in Western Australia in 1981. He was articled and then employed at Talbot & Olivier until 1982, after which he joined the Aboriginal Legal Service of Western Australia until 1985. In 1987 John travelled to the United Kingdom where he was admitted and worked in the area of commercial litigation. He then returned to Perth where he worked at Dwyer Durack in the areas of family law and crime until 1988. He moved to Sydney in 1988 and practised in the areas of equity and family law until he was called to the Bar in Sydney in 1992. John then returned to Perth and has practised as a barrister at Francis Burt Chambers since 1993, primarily in the area of family law. He has also acted as a prosecutor for the Director of Public Prosecutions for Western Australia. He has been the Convenor of the Professional Standards Committee for the Anglican Archbishop's Panel of Advice on Complaints Against Clergy and Church Workers since 1999. He was a member of the Professional Standards Committee for the Medical Board of Western Australia from 2006 to 2008 and served as a Councillor on the city of Fremantle between 1993 and 1997. John's recreational activities include cycling, trekking, art and classical music. 

Elizabeth Needham
The studies Elizabeth has undertaken include music at Elder Conservatorium (Adelaide), psychology and law with her Masters considering the intersection between criminal law and human rights. Elizabeth elected to join the Independent Bar in 2007, and is at Francis Burt Chambers practicing in Family law, Child protection, Criminal law, Human Rights and Administrative law. Originally admitted to practice is South Australia in 1993 after working as Associate to Justices Prior and Zelling in the Supreme Court of South Australia, Elizabeth moved to Perth to work in human rights. Whilst at Sussex Street Community Legal Centre Inc, Elizabeth appeared as counsel in many successful human rights cases including Taking on government to provide inclusive and appropriate education for children with disabilities; and representative actions resulting in the accessible buses in Perth and against Telstra to provide TTY (Telephone Typewriters) for people who are deaf Australia wide From 1999 to 2003 Elizabeth was the Director of Prosecution and Legal Services at the Department of Consumer and Employment Protection and in that role undertook the more complex counsel work including appeals, criminal matters and civil litigation, as well as many administrative law matters. Between 2003 and 2007 Elizabeth Needham worked as a Principal Legal Officer at the Commonwealth Director of Public Prosecutions, having carriage of, and appearing in the prosecution of, complex frauds, commercial matters (including international money laundering) and appeals. Elizabeth’s connection with Family Law prior to coming to the Bar was with her initial placement in South Australia that involved criminal and family law at the Legal Service Commission and then whilst working with Legal Aid in WA as both a volunteer and later in a consulting capacity. In particular Elizabeth dealt with family matters as part of the mental health pilot project she helped to run that resulted in the funding of what is now the Mental Health Law Service as well as worked on de facto matters in general. Elizabeth has also taught family law, administrative law, criminal law and evidence in the Legal Studies (for para-legals) and Law degrees at Edith Cowan University. As President of the Law Society of WA 2015 and 2016 and a director of Law Council Australia in 2015 - 2017, Elizabeth undertook many discussions about laws, the policies underpinning them and their implementation with both State and Federal politicians. Elizabeth also oversaw the preparation by the Law Society of over 50 position papers about current issues in the law that were then made available to the public. In her role as President of Women Lawyers WA in 2009 and 2010, Elizabeth sought to ensure that women in the legal profession were properly recognized. As a dual national, Elizabeth has been a member of Humanists UK as well as an individual member of Humanists International. In 2014 Elizabeth was the Australian delegate to the General Assembly for the IHEU and subsequently worked with them in reworking their many individual policies into a single, workable policy document. 

Nicola Jansen
Nicola was admitted as a lawyer in 2011 and has practised family law exclusively ever since. In 2017, Nicola completed Family Law Accreditation exams making her one of only approximately 50 practitioners in Western Australia recognised by the Law Societies of all States as having specialist knowledge in family law. Further, Nicola has armed herself with a breadth and depth of knowledge required to be a good family lawyer, including aspects of commercial law, banking and finance (both personal and commercial), accounting and some tax, as well as non-legal knowledge involving social science and psychology. For Nicola, working to resolve disputes is a very satisfying problem-solving mission where the end result is helping someone who may not have been able to reach a resolution otherwise. According to her clients, two of Nicola’s most valuable skills are communication and her straight-shooting advice. She considers that her primary function is to resolve a matter in favourable terms and ethically, while minimising costs and stress for her clients. She achieves this by clearly identifying options and making recommendations based on likely Court outcomes along with other considerations, and having a clear plan from the outset. Nicola regularly appears in the Family Court and has experience in all aspects of family law including divorce, simple and complex property settlements, child support and parenting disputes. She is the current Treasurer of the Family Law Practitioners Association, a member of the Law Society’s ethics committee. Motivated to continue to grow as a lawyer, Nicola keeps her knowledge up to date and prides herself on providing impeccable service to her clients. Her thirst for knowledge extends outside the office too. Nicola in an avid reader, enjoys renovation and home improvement and well as travelling to new places. In her spare time, Nicola adores spending time with her pet chickens, Petunia (a retired layer and going a blind) and Clarabelle (the guide chicken).

Daniel Taborsky
Daniel Taborsky, CTA, is a director of Birchstone Tax law specialising in resolving tax disputes for high net worth individuals and private groups. Daniel advises on complex tax matters (with a particular interest in Division 7A), asset protection and estate/succession planning strategies and philanthropic ventures. Daniel works closely with family lawyers in complex financial matters. Daniel also advises not-for-profit entities, including charities, on structuring and tax issues. 

Louise Sarracini
With over 15 years’ experience in superannuation, Louise has seen the dramatic change from the days of RBL’s and $1 million contribution opportunities to the now strict contribution caps and $1.6 million total superannuation balances. Through all these changes, Louise continually works closely with clients to grow and preserve their retirement wealth through superannuation. In July 2016, Louise was appointed as an authorised representative of Grant Thornton Wealth Advisory Services Pty Ltd and is licenced to provide superannuation advice. Louise provides strategic superannuation advice to clients surrounding establishments, pensions, lump sums and contributions. She also provides technical superannuation advice in relation to compliance of the SIS Act and SIS Regulations. Louise is a member of Grant Thornton’s national superannuation committee which seeks to enhance client experience on a national basis.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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