Family Law: Advanced Interdisciplinary and Property Issues
Issues covered include: Unrealised tax liabilities, tax issues, property and financial settlements, discretionary trusts, child maintenance trusts, SMSF's, Divorce, inheritance, insurance, bankruptcy impact, kennon adjustment
Description
Financial and property settlements can be anything but straightforward. Many involve the dividing up of complicated business, corporate and trust structures in addition to interdisciplinary crossover with issues such as Division 7A and other tax concerns. The Family Court’s approach to these structures and assets can be equally complex. This comprehensive conference gives you a practical view of these issues, empowering you with the correct information to give the very best advice to your clients.
Attend and earn 7 CPD hours in Substantive Law
This program is applicable to practitioners from all States & Territories
Once seminars are completed, delegates from Western Australia may apply to The Law Society of Western Australia for family law specialist accreditation points. Each application is subject to approval by the Accreditation Committee on a case by case basis and approval is not guaranteed. Your request for points form and attached materials can be emailed to accreditation@lawsocietywa.asn.au
Session 1
Tax, SMSFs and Trusts in Property Settlements
Chair: The Hon. Peter Rose AM QC, Arbitrator, Mediator and Conciliator
9.00am to 10.00am: What the Family Court Doesn’t Realise about Unrealised Tax Liabilities and What you Should Know
- Franking credits and retained profits: an asset or liability and what to do
- Div 7A loan agreements: Do they make future tax liabilities invisible in Family Law matters?
- Can you ‘value’ an unrealised capital gains tax liability and should it be recognised by the Family Court?
Presented by Nick Gaudion, Director Forensic Accounting, Cutcher & Neale
10.00am to 11.00am: A Guide to Tax Issues for Property and Financial Settlements
- 3rd party loans and the ability of the Family Court to make orders to transfer tax debt (or other debts): Commissioner of Taxation v Tomaras [2018] HCA 62
- Div 7A impacts of financial settlements
- CGT and Stamp Duty exemptions
- Small business restructuring: alternatives to family law rollover
Presented by Chris Ardagna, Partner – Tax Consulting, Pitcher Partners
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Practical Guidance on Discretionary Trusts and Child Maintenance Trusts
Examine some of the key considerations related to Div 7A loans from trust to beneficiaries, company to shareholders and between third parties so that you’ll have the answers to your clients’ questions regarding these potentially complex issues.
Presented by Rose Lockie, Partner, Gadens; Accredited Family Law Specialist
12.15pm to 1.15pm: SMSFs: Issues to Consider Pre-Relationship, at Separation and on Property Settlement on Divorce
- Issues to consider pre-relationship
- Superannuation is property of a marriage or defacto relationship under Part IIIVB of the Family Law Act 1975
- Financial agreements pre-relationship (pre-nup)
- Practical tips
- Issues to consider immediately on separation
- Liability as trustee
- Binding death benefit nominations
- Issues to consider in property settlement and divorce
- Valuation of SMSF assets
- Nature of assets
- Indemnities
- Third parties in SMSFs
- Binding death benefit nominations
Presented by Peter Bobbin, Principal, Argyle Lawyers
Session 2
The Treatment of Property in Family Law
Chair: Melinda Winning, Partner, Barkus Doolan; Leading Family & Divorce Lawyer, Doyle’s Guide 2019
2.00pm to 2.45pm: Treatment of Inheritance, Particularly Post Separation
- Treatment of inheritances received during a relationship
- Treatment of inheritances received after a relationship breakdown
- Prospective inheritances
Presented by Catherine Spain, Barrister, Waratah Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2019
2.45pm to 3.30pm: Insurance and Family Law Settlements: Processes, Procedures and Strategies
- Adjusting for pending applications
- Adjusting for insurance payouts made during the marriage: Which proportion of the payment should be deemed a contribution by the party receiving the insurance?
- Defining the different types of insurance payouts: total and permanent disability claims, personal injuries claims, workers compensation claims and income protection claims
- Determining contribution elements when litigation claims are settled as opposed to determined by a judgment
Presented by Glenn Thompson OAM, Partner, Newnhams Solicitors; Accredited Family Law Specialist; Leading Family & Divorce Lawyer, Doyle’s Guide 2019
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: When the World Collides: Bankruptcy Impact on Family Court Proceedings Under S60 of the Bankruptcy Act
Analyse case law applying a stay on family law proceedings under s60 of the Bankruptcy Act where a party applying for family law orders is made bankrupt while those proceedings are on foot so that you’ll know precisely how to deal with these important situations when they arise.
Presented by Andrew Combe, Barrister, Third Floor Wentworth Chambers
4.30pm to 5.15pm: Kennon Adjustment: Domestic Violence and Property Settlement in Relationship Breakdown
- What is the evidentiary burden involved in running this argument?
- Australian Law Reform recommendations
- Family Court Full Court of Appeal: recent decisions
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates