Family Law Conference: Splitting the Asset Pool
Issues covered include: Tax Consequences , Family Trust, SMSFs, Family Money, Inheritances, Loans, Gifts, Bankruptcy, Professional Negligence , Evidence, Discovery and Admissibility, Reliability
Description
Financial & property settlements can be anything but straightforward. From this comprehensive conference you will gain a practical & informative view of the many issues involved in dividing up of complicated businesses, corporate & trust structures in addition to the interdisciplinary crossover with issues such as Division 7A & other tax concerns. Spend an afternoon focusing on the all-important CPD mandatory core areas to equip you with the correct information to give the very best advice to your clients.
Attend the full day and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
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, Trusts and Treatment of Other Property
Chair: John Spender, Partner, Kennedy Partners Lawyers; Accredited Family Law Specialist; Recommended Family & Divorce Lawyer, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: 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 Div 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
Presented by Damian O’Connor, Managing Principal, Tax+ Law
9.50am to 10.35am: 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 Tricia Peters, Managing Partner, Peters McKeown Financial Planners
10.35am to 10.50am Morning Tea
10.50am to 11.35am: 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 Bronia Tulloch, Barrister, Foley’s List
11.35am to 12.20pm: When Worlds Collide: 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 and learn precisely how to deal with these important situations when they arise.
Presented by Barry Berger, Partner, Berger Kordos Lawyers
Ethics & Professional Responsibility
12.20pm to 1.20pm: Professional Negligence Claims Against Family Lawyers
- Typical claims made
- Financial agreements: Still a hot topic?
- Claims prevention strategies
Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member of the Ethics Committee of the Law Institute of Victoria
Session 2
CPD Compulsory Units for Family Lawyers
Chair: Rose Lockie, Partner, Gadens; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2019
2.00pm to 3.00pm: Recent Decisions and Legislative Update: Keeping Yourself Up to Date
This session will provide you with a review of recent, significant cases and trends from the Family Court of Australia and Federal Circuit Court on property and financial settlements and relevant legislative amendments.
Presented by Jim Mellas, Barrister, Foley’s List; Accredited Specialist in Family Law; Leading Family & Divorce Junior Counsel, Doyle’s Guide 2019
Professional Skills
3.00pm to 4.00pm: Evidence: Discovery and Admissibility vs Reliability
- The obligation of disclosure and implications of failing to make a full and frank disclosure, and how to deal with another party failing to make disclosure
- Other discovery and evidence gathering methods
- Timing and how this relates to preparation of affidavits
- Division 12A and admissibility vs reliability of evidence
- Attacking the expert’s evidence on the factual basis of the report
Presented by Robyn Wheeler, Barrister and Mediator, Foley’s List
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm: Costs in the Family Court of Australia
- 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 Annabel Speirs, Senior Costs Lawyer, The Australian Legal Costing Group; Accredited Specialist in Costs Law
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
Directions