Family Law: Advanced Interdisciplinary and Property Issues

Cover all the recent developments in property & financial matters in family law. Examine the Family Law Amendment Bill & gain a valuable update on the treatment beneficiaries’ entitlements under trusts from learned counsel & review of addbacks, inheritance, & waste. Hear how to deal with joinder issues of third parties & get your annual case update. Get your CPD points in areas that matter, including identifying tax issues, duty of disclosure & the problem of dealing with difficult clients. 243V06

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1

Key Reforms, Trusts, Third Parties and Other Essential Issues

Chair: Olivia Grobtuch, Principal, Kennedy Partners; Preeminent Family & Divorce Lawyer, Doyle’s Guide 2023

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am NEW FAMILY LAW BILL: Family Amendment Bill: How it Impacts Property Division Matters and Arbitration

Presented by Gary Yan, Partner, Coote Family Lawyers; Accredited Specialist in Family Law; Recommended Family & Divorce Family Lawyer, Doyle’s Guide 2023

9.50am to 10.35am Treatment of Beneficiaries Entitlements Under Trusts: Woodcock

  • To what extent are the rights of a beneficiary under a traditional discretionary trust ‘property’ for purposes of adjustment under s79
  • Can such rights be valued in any event?
  • What mechanism is available to give effect to any such value of rights?

Presented by Leslie Glick KC, List A Barristers

10.35am to 10.50am Morning Tea 

10.50am to 11.35am Refresher on Addbacks, Inheritance and Waste: Recent Developments

A discussion of relevant legal principles and recent decisions to assist you consider the approach to these issues in your family law practice
Presented by Justine Clark, Principal, Tisher Liner SC Law; Accredited Specialist in Family Law

11.35am to 12.20pm When and How Should Third Parties be Added to Property Proceedings

  • In what circumstances is it appropriate or necessary to join an additional party to property proceedings between spouses?
  • How should it be done effectively?
  • Timing: When should it be done?

Presented by Tim Puckey KC, Dever’s List; Leading Family Law Senior Counsel and Leading Family Law Mediator, Doyle’s Guide 2023

12.20pm to 1.05pm Recent Case Update

Analyse a selection of recent decisions that can assist you keep up to date with changes in family law and practice.
Presented by Kepler Ryan, Barrister, Foley’s List; Accredited Specialist in Family Law

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

1.15pm to 2.00pm Lunch Break

Session 2

Ethics, Professional Skills and Practice Management for Family Lawyers

Chair: Natasha Mastroianni, Senior Associate, Sage Family Lawyers; Accredited Specialist in Family Law

Professional Skills
2.00pm to 3.00pm Assessing Tax Issues and Assessing Financial Statements: A Forensic Accountant’s Perspective

  • Enhance awareness of the importance of tax issues in family law settlements
  • Identifying undisclosed tax issues and their potential tax liabilities
  • Unlock the critical elements of Profit & Loss and the Balance Sheet Statements for family law matters
  • Understanding the difference in assessing financial statements between a forensic accountant and a tax accountant

Presented by Darryn Hockley, Partner – Forensic Consulting, Grant Thornton

Ethics & Professional Responsibility
3.00pm to 4.00pm How the Pre-action Procedures Add to the Ethical Obligation in Negotiation and Mediation

Presented by Emma Swart, Barrister, Owen Dixon Chambers

4.00pm to 4.15pm Afternoon Tea Break

Practice Management & Business Skills
4.15pm to 5.15pm Dealing with Difficult Clients with Mental Health Issues: Setting the Boundaries

  • The ones who frustrate, irritate, annoy, exhaust or perplex you
  • Understanding high conflict personalities
  • Understanding what drives high conflict in family law cases
  • Managing high conflict personalities and assessing capacity
  • Survival tips for the lawyer and strategies for dealing with these clients

Presented by Meredith Fuller OAM, Psychologist and Author and Pat (Panayiota) Karnis, Barrister, Foley’s List

Presenters

Olivia Grobtuch
Olivia Grobtuch is a founding partner of Kennedy Partners, one of Doyles Guide "top tier" Melbourne firms. She is a member of the Family Law Section of the Law Institute of Victoria and the Family Law Section of the Law Council of Australia. Olivia has been practising in family law for over 30 years. She obtained her accreditation as a family law specialist in 1990 and has been a member of various committees of the Law Institute of Victoria including sub-committees dealing with family law reform. She has presented numerous papers relating to specialist family law topics and has regularly attended family law conferences in both the national and international arenas. She has been involved in a number of important matters in the High Court of Australia, and has also worked extensively on international family law matters, and is a fellow of the International Academy of Family Lawyers.

Gary Yan
He is consistently ranked by respected legal directory Doyle’s Guide as one of Victoria’s foremost practitioners; honoured for Family and Divorce law for the past four consecutive years, and Parenting & Children’s Matters for the past three. Gary previously worked with the Commissioner for Children in Tasmania, and abroad in the family law department of top-tier UK firm Manches LLP, now Penningtons Manches Cooper. Owing to his UK practice and experience of Asian jurisdictions, he has a specialist interest in the international elements of family law, regularly advising clients on financial and parenting matters involving other jurisdictions. His broad expertise also includes pre-nuptial agreements and same-sex relationships. Testament to his standing in the industry, together with Gillian Coote, Gary wrote the Australian chapter of International Relocation of Children: A Global Guide. He is a mentor to young lawyers with the Asian-Australian Lawyers Association and speaks Cantonese. For Mandarin speaking clients, we can arrange translator services on request. Gary has been a Law Institute Accredited Specialist in Family Law since 2013. 

Leslie Glick KC
Leslie Glick KC is a King's Counsel at the Victorian Bar practising predominantly in the areas of commercial, equity, family law and property disputes.  He graduated from the University of Melbourne with First Class Honours and was awarded the Supreme Court Prize. He spent some years as a lecturer in equity and taxation law both in Melbourne and at London University. He has had extensive experience in Commercial and Family Law cases involving equitable property disputes , equitable principles and the application of the Corporations Act. He appears regularly  both in the trial and appelate divisions of the Supreme Court , Federal Court and Family Court  of Australia, in large and complex commercial and property related cases. He has appeared in test cases in the High Court and also in the Privy Council. He has also extensive exprience as a mediator in each of these areas. 

Justine Clark
Justine Clark is an experienced and formidable lawyer who has an extensive and precise understanding of family law. She is tremendously skilled in running complex family law matters in a strategic and commercially sensible manner. She has a deep and considered understanding of case law and legislation, and is an expert in the appellate jurisdiction. Justine’s particular areas of expertise include: - Complex property / high net worth matters - Property matters involving companies, trusts, SMSFs, businesses, taxation, disclosure and valuation issues - International property matters - International relocation (parenting) matters - Binding Financial Agreements - Child Support Agreements Justine's practice covers all manner of property settlements (modest to high net worth), parenting disputes, child support, financial agreements, de-facto and same-sex relationships / marriages, and advice in relation to parentage. Justine graduated from Griffith University with First Class Honours in Law and Arts (Politics) and the University Medal. Upon graduating, Justine was an Associate to Justice Hugh Fraser QC of Queensland's Court of Appeal, and then Legal Associate to the Honourable Peter Young QC of the Family Court of Australia. Justine is a member of the Family Law Section of the Law Council of Australia, the Law Institute of Victoria (and is a member of the LIV Family Law Accreditation Committee, and the Property and Maintenance Committee), and the LGBT Family Law Institute. Since 2017 she has been a Law Institute of Victoria, Accredited Family Law Specialist. 

Tim Puckey KC
Tim practises at the Bar in all aspects of Family and Relationship Law including Property and Financial, Parenting, Child Support and related matters.  Tim is regularly briefed in complex financial disputes involving commercial, trust and equity issues and valuation disputes.   He is a Nationally Accredited Mediator and Arbitrator.

Kepler Ryan
Kepler accepts briefs to appear in and advise on all matters relating to family law and related jurisdictions. Since 2010, Kepler has worked exclusively in family law, focusing on matters with complex factual and legal elements. He became an LIV family law accredited specialist in 2018 and a qualified family law arbitrator in 2017. Before joining the Bar, Kepler was a senior associate at Lander & Rogers, where he acted in: property settlements involving significant business interests, corporate and real property valuation disputes, international property, third party interests, trusts, spousal maintenance and child support; parenting disputes involving serious allegations of violence, mental health concerns and relocation matters; and financial agreement negotiations. Following his admission, Kepler was a legal associate to the Honourable Justice Young AM, the Honourable Justice Bennett AO and the Honourable Justice Cronin at what is now called Division 1 of the Federal Circuit and Family Court of Australia. He has previously been the Chair of the LIV Family Law Section Education Working Group and a member of the LIV Family Law Section Executive Committee. Doyle’s Guide recognised Kepler as a family law ‘Rising Star’ in 2019, 2020, 2021 and 2022. Kepler is reading with Daniel Sweeney and his senior mentor is Minal Vohra S.C. 

Natasha Mastroianni
Natasha is an Accredited Family Law Specialist and has practiced exclusively in family law since 2018. She also has a Masters in Applied Law (Family Law) from the College of Law. Upon commencing her legal career in 2014 at a generalist legal practice in the northern suburbs, Natasha practised in family law and intervention order matters as well as property law and other litigation matters. Having practical experience in other practice areas assists Natasha when these interrelated issues arise in her clients’ family law matters. Natasha prides herself on providing accurate, realistic, practical, and solution-focused advice to her clients, with empathy and compassion, whilst aiming to achieve the best possible results for her clients. She is a member of the Law Institute of Victoria (LIV). Natasha is the Chair of the LIV’s Family Law Section’s Courts Practice Committee and a member of the Family Law Section Executive Committee. She is also a member of the Family Law Section of the Law Council of Australia and is the Secretary of the Northern Suburbs Law Association.

Darryn Hockley
Darryn Hockley is a Partner in Forensic Consulting at Grant Thornton based in the Melbourne office. Darryn has more than 20 years of local and international experience, working with a diverse range of clients and their advisors. Initially practicing in taxation and accounting compliance in the mid-market he now practices exclusively in the litigation and disputes area of accounting. His areas of practice cover a wide range of commercial and business transactions and disputes across a number of industries often requiring the reconstruction and analysis of accounting records, and financial data. Darryn has been called upon as an expert and given expert testimony in a range of matrimonial matters. Areas of expertise include the valuation of businesses, companies and trusts including complex and international structures. Valuation of intellectual property, share options and executive performance rights and entitlements. Darryn is an accredited business valuer of the Institute of Chartered Accountants of Australia and New Zealand. Darryn is also a regular guest speaker for legal professional development organisations including Legal Wise and Lexis Nexis on accounting and valuation issues.

Emma Swart
Emma Swart practices predominantly in family law and appears regularly in the Federal Circuit and Family Court of Australia and, occasionally, in the Family Court of Western Australia. She is a Nationally Accredited Mediator and Victorian Bar Advanced Mediator, and FDRP and Family Law Arbitrator. She joined the Victorian Bar in 1998 and this year celebrates 25 years as a barrister. 

Meredith Fuller OAM
Meredith Fuller OAM has worked for 40 years as a psychologist in private practice. She has extensive experience counselling legal professionals and consulting to legal firms. She has assisted lawyers with career change, returning to work following stress work cover, and dealing with complex client, collegial, and managerial relationships. Meredith has expertise in psychological type, has been a post-graduate psychology lecturer, and is a psychological commentator for the media. An author of many books, Meredith has recently created a free 150 page eBook with short videos and films for professionals, 'Understanding Family Violence' go to www.meredithfuller.com.au to download or pass on.

Pat (Panayiota) Karnis
Pat Karnis came to the Bar in 2010. Prior to this, Pat worked as a solicitor in a boutique family law firm. As a lawyer, Pat’s practice covered all aspects of family law, including matters for the welfare of children and the rights and responsibilities of parents. She has experience in handling a wide range of property & financial matters, children’s issues, divorce, intervention orders, family violence and mediation. As part of her practice Pat has participated in mediation and conciliation and has established a reputation for assisting clients to reach agreement in highly conflicted circumstances and for sound strategic advice. Pat has experience in family law advocacy having appeared in property & children’s matters, recovery proceedings, relocation proceedings, divorce proceedings, appeals and has been a nationally accredited mediator for 11 years.

Venue

InterContinental Melbourne

495 Collins St
Melbourne 3000
VIC Australia

 

Parking information
Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.

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Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements

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Issues covered include: Informal wills, Succession, Beneficiaries, Testators, Recent cases, Superannuation, Succession Law and Family Law, contested Probate, Undue Influence, Claims for adult children.

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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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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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