Family Law Conference: Settling the Asset Pool
Issues covered include: Tax Consequences in Splitting the Assets of the Family Trust, Business and Company, Significant Decisions, Trends and Legislative Amendments Relevant to and from the Family and Federal Circuit Courts, Inheritances and Property Settlements, Bankruptcy Impact on Family Court Proceedings Under S60 Bankruptcy Act, SMSFs: Issues to Consider Pre-Relationship, at Separation and on Property Settlement on DivorceEvidence: Discovery and Admissibility vs Reliability, Costs in the Family Court
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. This important and comprehensive conference gives you a practical and informative view of these issues, empowering you with the correct information to give the very best advice to your clients and at the same time allows you to gain your CPD mandatory unit.
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit 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
Tax, SMSFs and Treatment of Property in Settlements
Chair: Pippa Colman, Director, Pippa Colman & Associates; Accredited Specialist in Family Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: How to Avoid Tax Consequences in Splitting the Assets of the Family Trust, Business and Company
- 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
- Tax consequences where the assets are owned by an entity, including the operation of Division 7A to private companies
- CGT and Stamp Duty exemptions and transferring assets between spouses using CGT roll-over relief
- Small business restructuring: alternatives to family law rollover
- Planning opportunities and traps to avoid
Presented by Damian O’Connor, Managing Principal, Tax + Law
9.50am to 10.35am: Remarkable Creatures: Significant Decisions, Trends and Legislative Amendments Relevant to and from the Family and Federal Circuit Courts
Presented by Kate Buckley, Barrister, Byth Chambers and Madeleine Murphy, Barrister, Inns of Court
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Inheritances and Property Settlements: Legacies of Cases Past
- Inheritances received during a relationship and post-separation
- Relevance of prospective inheritances and
- Indirect and direct contributions to the other party’s inheritance
Presented by Alison Ross, Partner, HopgoodGanim Lawyers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2019; Leading Family Lawyer (High Value & Complex Property Matters), Doyle’s Guide 2018
11.35am to 12.20pm: When Worlds Collide: Bankruptcy Impact on Family Court Proceedings Under S60 Bankruptcy Act
Analyse case law applying a stay on family law proceedings under s60 Bankruptcy Act where a party applying for family law orders is made bankrupt while those proceedings are on foot. Learn precisely how to deal with these important situations when they arise.
Presented by Greg Shoebridge, Barrister, 19 Inns Chambers; Leading Family Law Junior Counsel and Leading Parenting & Children’s Matters Barrister, Doyle’s Guide 2019
12.20pm to 1.05pm: 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 de facto 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, Coleman Greig Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas for Family Lawyers
Chair: Fiona Caulley, Partner, Phillips Family Law; Accredited Specialist in Family Law; Leading, Family & Divorce Lawyer and Recommended Family Lawyer (High Value & Complex Property Matters), Doyle’s Guide 2019; Leading Parenting & Children’s Matters Lawyer, Doyle’s Guide 2018
Professional Skills
2.00pm to 3.00pm: Evidence: Discovery and Admissibility vs Reliability
- The obligation of disclosure
- Family Court & Federal Circuit Court
- Property & spousal maintenance
- Child support (via the Agency, AAT or Court)
- Parenting
- Implications for your client of a failure to provide disclosure
- A practitioner’s obligations when a client gives you documents/information
- How to deal with another party failing to provide disclosure
- Alternative methods for obtaining disclosure and gathering evidence
- Admissibility vs reliability of evidence
- Parenting proceedings (Div 12A, Subdiv D)
- Protection Order proceedings
- Interim vs Final
- Recorded evidence
Presented by Amity Anderson, Legal Partner, Best Wilson Buckley Family Law; Accredited Specialist in Family Law; Family Law Rising Star, Doyle’s Guide 2018 and Rebecca Horsley, Barrister, Inns of Court; Leading Family Law and Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2019
Practice Management & Business Skills
3.00pm to 4.00pm: Costs in the Family Court of Australia
- Full Court decision of Sfakianakis and impact to costs in family law proceedings
- The importance of costs agreements and disclosures
- Exclusive jurisdiction of the Supreme Court in relation to assessment of all solicitor and client costs
- Effectively dealing with solicitor and client costs issues
- Claiming party and party costs
Presented by Kay Feeney, Principal, Feeney Family Law; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Parenting & Children’s Matters Lawyer and Family Law Mediator, Doyle’s Guide 2019
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm: Your Ethical Responsibility and Legal Obligations When a Client Delivers Suspicious Documents
- Documents obtained ‘innocently’ by your client from the family home, including:
- Privileged documents
- Documents to which the other spouse has an obligation to disclose
- Documents obtained from the other spouse’s inbox and mobile phone
Presented by Freda Wigan, Partner, HopgoodGanim Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Family Lawyer (High Value & Complex Property Matters), Doyle’s Guide 2019
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below. Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by validating tickets at Mercure Reception prior to departure. Click here to view rates .
Directions
Nearby Public Transport:Train Stations - Roma Street StationBus Interchange - George Square Bus Station