Family Law Conference: Settling the Asset Pool
Issues covered include: Tax Considerations, SMSFs, Family Money, Inheritances, Loans and Gifts, Recent Decisions
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, allowing you to gain your CPD mandatory core area points.
Attend and earn 4 CPD points in Competency Area 4: 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
Chair: Natalie Kam, Partner, Lavan
9.00am to 10.00am: Tax Considerations when Splitting the Assets of the Family Trust, Business and Company
- Tax relief
- The basics: CGT and stamp duty exemptions and transferring assets between spouses using CGT roll-over relief
- Drafting risks
- Division 7A risks
- 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
- Planning opportunities
- Companies: e.g. small business restructuring / alternatives to family law rollover
- Discretionary Trusts: e.g. changing control / Family Trust Elections
Presented by Chris Smailes, Partner and Aimee Riley, Senior Associate, EY Law
10.00am to 11.00am: SMSFs: Issues to Consider at Separation and on Property Settlement on Divorce
- Issues to consider immediately on separation
- Trustee obligations and liabilities
- Past, present or emerging compliance issues and their consequences
- Member insurances
- Review superannuation estate planning and documentation
- Review SMSF deeds
- Issues to consider in property settlement and divorce
- Valuation and nature of fund investments
- Future income tax liabilities
- Liquidity, total superannuation balance and contribution rules
- Super splitting tips, traps and SIS compliance
- Updating trustees, deed updates and ATO reporting
- Indemnities
- Third parties in SMSFs
Presented by Tracey Scotchbrook, Director, Superology Pty Ltd
11.00 to 11.15am: Morning Tea
11.15am to 12.15pm: Family Money: Inheritances, Loans and Gifts
- When is it a loan and when is it a gift?
- Resulting trusts and the presumption of advancement in family law
- Timing matters: pre-cohabitation, during the relationship and post-separation - assessment of contributions which have come from outside the relationship
Presented by Trevor O’Sullivan, Special Counsel, O’Sullivan Davies Lawyers; Accredited Specialist in Family Law
12.15pm to 1.15pm: Recent Decisions
Review recent, significant cases from both the Appeal Division of the Family Court of Australia and from the Family Court of Western Australia
Presented by Milos Supljeglav, Managing Director, Barrister and Solicitor, DS Family Law; Accredited Specialist in Family Law
Venue
Mercure Perth
Level 1, 10 Irwin St
Perth 6000
WA
Australia