High-Value and Complex Property and Parenting Family Law Matters
Issues covered include: family law, dealing with high-value and complex property, parenting issues, dealing with personality disorders, financial abuse and domestic violence, parenting arrangements, asset pool, ownership structures including a complex company, trust, family law settlement
Description
High-value and complex property and conflict parenting Family Law matters bring their own unique set of issues to challenge even the most experienced specialist. Parenting matters complicated by personality disorders, financial abuse and domestic violence often need to be dealt with before appropriate parenting arrangements can be settled upon. In addition, identifying the asset pool is becoming more difficult with the more common use of intricate ownership structures involving complex company, trust.
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
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
Aspects of Conflict Parenting and Property Matters
Chair: Glenn Thompson OAM, Partner, Newnhams Solicitors; Leading Family & Divorce Lawyer, Recommended Family Lawyer (High-Value & Complex Property Matters) and Parenting & Children’s Matters Lawyer, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Who is a Parent? What are the Implications of Massons vs Parsons?
- Which court has jurisdiction
- Definition of a parent
- Defacto: Are they in a defacto relationship?
Presented by Stephen Page, Director, Page Provan Family and Fertility Lawyers; Recommended Parenting & Children’s Lawyer, Brisbane, Doyle’s Guide 2019
9.50am to 10.35am: Dealing with Financial Abuse and Cohesion: Impacts on Property Settlement Entitlements
- The relevance of family violence in property settlement entitlements: How do things stand now and do they need to change?
- Kennon adjustment and evidentiary burden in running this argument: Is it worth the concessions?
- Rights of the victims of domestic violence to cross claim in the Family Court for damages
- Family Law orders to prevent the alleged perpetrators from cross examining the alleged victims
- Seeking preliminary directions in domestic violence: s58 Jury Directions Act 2015
Presented by Rachell Davey, Special Counsel, Lander & Rogers; Accredited Family Law Specialist; Recommended Parenting & Children’s Lawyer, Victoria, Doyle’s Guide 2018
10.35am to 10.50am Morning Tea
Professional Skills
10.50am to 11.35am: Dealing with Personality Disorders and Substance Abuse: Experts, Evidence and Capacity
- Diagnosis
- Key characteristics of personality disorders(PD): distinguishing between traits, transient states and key behaviours, the issue of severity and relapse
- How does the expert communicate the implications of the diagnosis?
- Issues in understanding substance abuse: dependence, problem use and recreational users and the effect of drug use on competence
- Implications of diagnosis for decision making, capacity and parenting
- Treatment: options for PDs and substance abusers
- Therapeutic avenues for PDs and substance abuse
- What to expect from treatment
- The report and expert in court
- Testing the underlying assumptions, clinician experience, knowledge and skills
- Reliability and validity of assessment approaches and how to challenge experts on this
- Challenging the report
- Key issues in diagnosis (e.g. dimensions of behaviour vs categorical diagnosis; mutability of behaviour, responsiveness to treatment and the role of context in understanding behaviour)
- Assessment methods and limitations of the role of expert assessors and treating experts
- Capacity to instruct
- Cognitive competence, reasoning and understanding, communication competence
Presented by Dr Christopher John Lennings OAM, Director, LSC Psychology
11.35am to 12.20pm: Evidence of Family Violence and Other Forms of Abuse: Admissibility and Reliability
- Surveillance and recording evidence: recent cases
- Division 12A and admissibility vs reliability of evidence
- Attacking the expert’s evidence on the factual basis of the report
- Has there been contamination in the evidence?
- How to challenge the report and the allegations made in the report
Presented by Roger Harper, Barrister, Culwulla Chambers; Recommended Family Law and Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2019; contributing author, Family Law Enforcement, Halsbury's Laws of Australia and contributing headnote author, Family Law Reports, LexisNexis Australia
12.20pm to 1.05pm: Magellan List Matters: Protocol and Court’s Expectations of Practitioners Working in this List
- What is deemed a Magellan list matter?
- Magellan report
- Update on procedural paths and dealing with the inconsistences
- How to deal with serious allegations of sexual abuse in this list
Presented by Robyn Druitt, Barrister, Lachlan Macquarie Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Identifying the Asset Pool in Complex Property Matters
Chair: Cathie Blanchfield, Solicitor Director, Blanchfield Nicholls Partners; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2019
2.00pm to 2.45pm: Advanced Ownership Structure: Who Owns What?
- Identifying ownership and who owns what
- Working through some complex company and trust arrangements
- Third party interests: To join or not to join? How do they affect the property pool?
Presented by Nicolas Ford, Barrister, Edmund Barton Chambers
2.45pm to 3.30pm: Tracking Down Hidden Assets Overseas or Within Australia
The remedies available and required evidence for parties who do not trust the other side and are convinced there is a pot of gold.
Presented Irene Morozov, Partner, Barkus Doolan Family Lawyers; Accredited Family Law Specialist; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2019
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Recent Case Update: Property and Financial Settlements
Focus on discussing the most timely and relevant decisions relating to property and financial settlements relevant to your day to day practice.
Prepared by Gayle Meredith, Principal, Gayle Meredith & Associates
Presented by Bill Karras, Partner, Karras Partners Lawyers
Professional Skills
4.30pm to 5.15pm: How to Avoid Tax Consequences in Splitting the Assets of the Family Trust, Business and Company: What you Need to Consider
- Transferring assets between spouses using CGT roll-over relief
- Tax consequences where the assets are owned by an entity, including the operation of Division 7A to private companies
- Planning opportunities and traps to avoid
Presented by Andy Milidoni, Partner, Johnson Winter & Slattery
Prepared by Chris Ardagna, Partner – Tax Consulting, Pitcher Partners
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 your 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