Family Law Symposium
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.
Description
Avoid the stress and conflict that can erupt in your by gaining the clarity and knowledge needed to achieve successful (and as painless as possible) outcomes for your clients. Delve into complex financial and property matters in the morning and then switch focus in the afternoon to key issues in the Family Court, including jurisdiction, arbitration and contravention applications. Our unrivalled assemblage of experts will offer high level insights and practical guidance.
Attend and earn 7 CPD units in Substantive Law
This symposium was recorded in NSW on 20 June 2019
Session 1
Unravelling Complex Financial and Property Matters
Chair: Judy Swan, Principal, Swan Lawyers
9.00am to 9.25am: VIEW FROM THE BENCH: Appropriate Dispute Resolution in Financial Proceedings
Presented by The Honourable Judge Joe Harman, Federal Circuit Court of Australia
9.25am to 10.05am: International Aspects of Family Law Property Proceedings
- Jurisdiction to make orders
- Does it exist?
- What relationships are covered? Married/de facto/same sex
- Will jurisdiction be exercised if it does exist?
- International Injunctions and Protective Orders
- Pre-nuptial and nuptial agreements
- Registration and Enforcement of Overseas Orders
Presented by Justin Dowd, Partner, Watts Mcray; Recommended Family and Divorce Lawyer, Doyle’s Guide 2019
10.05am to 10.45am: Tax and Loan Implications in Family Law Settlements
- Transfer of tax debt between spouses
- Treatment and characterisation of monies owed
- The Court’s approach to applications
- Case study: a recent High Court case analysed
Presented by Suzanne Christie, Barrister, Culwulla Chambers; co-author LexisNexis Annotated Family Law Legislation, LexisNexis; contributing author, Financial Agreements chapter, Halsbury's Laws of Australia
10.45am to 11.00am Morning Tea
11.00am to 11.45am: Bankruptcy and Family Law
- Property and after acquired property, s.58 and s116 of the Bankruptcy Act: What is vested bankruptcy property?
- Section 60 of the Bankruptcy Act: NWC Finance Pty Ltd v Borsellino (No.2) [2016] NSWSC 1338
- Needham v the Trustees of the Bankrupt Estate of Needham [2017] FamCAFC 94: considering a trustee’s interest in jointly owned matrimonial real estate, special leave refused
- Official Trustee in Bankruptcy v Galanis & Anor [2017] FamCAFC 20, a Binding Financial Agreement is a transfer of property for the purpose of s.120 and s.121 of the Bankruptcy Act and can be clawed back
Presented by Sally Nash, Consultant Solicitor, O'Neill Partners; author, Australian Bankruptcy Law, ‘Consumer Debt Book’ (INSOL 2011)
11.45am to 12.25pm: Spouse Maintenance: Achieving Successful Outcomes for Your Clients
- How to prove claims for interim, urgent and lump sum spouse maintenance (and by inference how to defeat them)
- The limits on the variation of spouse maintenance orders
- Dealing with spouse maintenance as part of an overall financial settlement
Presented by Rachel Slat, Director, Slat Family Lawyers; Recommended Leading Family and Divorce Lawyer, Doyle’s Guide 2019
12.25pm to 1.15pm: Treatment of Post-Separation Contributions
Focus on the treatment of post-separation contributions in the overall assessment of contributions in family law property matters, including:
- Income earned post-separation
- Assets acquired post separation
- Inheritances and other windfalls received post-separation
- Consideration of homemaking and parenting contributions post separation
- Helpful hints in preparation of evidence dealing with post-separation earnings and accumulation of assets
Presented by Giles Stapleton, Barrister, 9 Selborne Chambers and Melinda di Condio, Special Counsel, Horton Rhodes
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Specific Issues in Family Law Proceedings
Chair: Catherine Spain, Barrister, Waratah Chambers
2.00pm to 3.00pm: Accrued Jurisdiction of the Family Court for State and other Commonwealth Statutes
Presented by Dr Martha Barnett, Barrister, Culwulla Chambers
3.00pm to 4.00pm: Contravention Applications in the Family Courts
- What does your client hope to achieve with a contravention application?
- What approach might the Court take when dealing with your application?
- What are the alternatives to contravention applications?
- Meeting a contravention application
- Drafting issues
Presented by Mark MacDiarmid, Lawyer, Mark MacDiarmid Family Law Specialist and Mediator; Accredited Specialist in Family Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Family Law Arbitrations in the Spotlight: Confessions of an Arbitrator
- Rules and regulations explained
- Types of arbitrations explored
- Practice and procedures discussed
- Appeals, including the reasons in Braddon and Pavey, are expounded
Presented by Maurice Edwards, Special Counsel, Watts McCray
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia