Family Law Conference
Issues covered include: recent cases, unrealised tax liabilities, tax implications, interim financial relief, sperm donors, arbitration, costs, ethical considerations, suspicious documents
Description
Gain insights and practical guidance to ensure you’re up to date on the latest cases and strategies from a stellar line-up of leading family law practitioners, all while gaining your CPD compulsory units.
Attend the full day and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Professional Skills
1 unit Practice Management & Business Skills
1 unit Ethics & Professional Responsibility
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
Property and Parenting Updates
9.05am to 9.50am: Analysis of Recent Family Law and Property Division Cases
Gain a valuable up of the most 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 Neil Jackson, Barrister, Frederick Jordan Chambers
9.50am to 10.35am: 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
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Tax Implications for Property and Financial Settlements
- Third party loans and the ability of the Family Court to make orders to transfer tax debt (or other debts): Commissioner of Taxation v Tomaras
- 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
11.35am to 12.20pm: Applications for Interim Financial Relief
- Jurisdiction and power of the court to make orders for interim financial relief
- Spouse maintenance
- Child support departure
- Partial property settlement/ costs orders/ litigation funding
- Properly gathering evidence in support of your client's application including practical hints and tips when drafting financial statements and affidavits in support
- Considering other litigation tools available to ensure the necessary evidence is before the court
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
Prepared by Collette McFawn, Partner, Lander & Rogers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Recommended Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2019 and Skye Owen, Lawyer, Lander & Rogers
12.20pm to 1.05pm: Is the Sperm Donor a Parent?
In this session, you will explore the legal parentage implications following the High Court decision of Massons and Parson.
Presented by Michelle McMahon, Barrister, 6 St James Hall Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Family Lawyers
Chair: Rachel Slat, Director, Slat Family Lawyers; Accredited Specialist in Family Law
Professional Skills
2.00pm to 3.00pm: Family Law Arbitration on the Move
Delve into the best strategies and practices to achieve a positive outcome for your client in family law arbitration matters.
Presented by The Hon Peter Rose AM QC, former Justice of the Family Court; Mediator and Arbitrator; Adjunct Professor University of Sydney Law School
Practice Management & Business Skills
3.00pm to 4.00pm: Costs in the Family Court of Australia
- Recent Full Court decision of Sfakianakis in relation to costs in family law proceedings
- Solicitor and client regime: What disclosure is adequate under the Uniform Law?
- Solicitor limitation period to seek an assessment: recent changes and where you can come unstuck
Presented by Kerrie Rosati, Principal DGT Costs Lawyers; Court Appointed Costs Assessor Queensland
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm: Ethical Responsibilities When Your Clients Turn Up with Suspicious Documents
- Privileged, but otherwise accessible because of the location in the home, or the joint computer, post separation
- Obtained from the other spouse’s inbox/mobile phone post separation
- Documents which would arguably form part of the other party’s disclosure but which a party has accessed and provided to the lawyer
- Collected via surveillance mechanisms: recent cases
- What to do when your client provides to you a bundle of recorded communications with the other party and his/her lawyer and ethical and legal obligations
Presented by Jacqueline Dawson, Solicitor Director, Sexton Family Law; Accredited Specialist in Family Law: Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2019
Venue
Cliftons Sydney
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia