Family Law Forum: Navigating Complex Relationship Property Settlements
Complex relationship property settlements bring a unique set of issues to challenge even for the most experienced specialist. Hear from the experts and take a dive into the impact of inheritance before and after separation, gain tips for drafting s 21 agreements and dividing companies and trusts, and examine the process and standards involved in business valuations. WEB216NZA16
Description
Attend and earn 3 CPD hours
Chair: Jo Naidoo, Partner, Norris Ward McKinnon
1.30pm to 1.35pm Opening Comments by the Chair
1.35pm to 2.20pm Inheritance Before and After Separation
- Impact of not maintaining separate status of property
- Latest case law
- Significance of classification of assets
- Death and inheriting an asset
Presented by Debbie Bryan-Lamb, Partner, Ward Adams Bryan-Lamb
2.20pm to 3.05pm S 21/21A Agreements: Avoiding Problems and Making Them Work for Your Clients
- Highlighting some common issues when drafting s 21 agreements
- Some cases when problems have arisen
- Tips and best practice guidance
Presented by Helen Tyree, Senior Associate, McWilliam Rennie Lawyers
3.05pm to 3.15pm Break
3.15pm to 4.00pm Difficult Assets to Divide: Companies and Trusts
- Limitations of the Family Court and how far does its power extend?
- Untangling family controlled companies and trusts
- Trust Act 2019: how it can help
- Law Commission's roadmap for change
Presented by Shelley Stevenson, Barrister, Kumutoto Chambers
4.00pm to 4.45pm Business Valuation for Relationship Property Disputes
- Legal principles and policy
- Valuation approaches and methods
- The valuation process
- Valuation standards
- The settlement process
Presented by Don Sloan, Principal, Sloan Consulting Limited
Learning Objectives:
- Examine the impact of inheritance before and after separation on relationship property settlements
- Gain best practice guidance on drafting s 21 agreements and how to navigate the common problems
- Understand how to navigate the complex division of companies and trusts
- Receive insight into business valuation and settlement process
Presenters
Jo Naidoo, Partner, Norris Ward McKinnon
Jo is a Partner in the firm’s Family Law team and has a focus on providing practical advice to clients in matters relating to parenting and relationship property. Jo’s expertise allows her to work across a range of family law areas, such as providing advice about care arrangements for clients, considering clients’ needs to protect their assets while in a relationship and advising about the division of assets on separation. Jo is on the Lawyer for Child list and is appointed by the Family Court to act for children in the Family Court.
Debbie Bryan-Lamb, Partner, Ward Adams Bryan-Lamb
Debbie is passionate and committed in providing her valued clients with practical legal solutions in all areas of her practice. As an experienced litigator specialising in family law, Debbie has a particular interest in division of relationship property matters involving complex trust and company entities. Debbie also has expertise in Care of Children Act and Protection of Personal Property Rights Act proceedings, assisting clients in other general practice areas - including the sale and purchase of property, employment, immigration, wills and trusts, elderly law, retirement village and small business advice. Debbie joined the firm in 2000. She became an Associate in 2003 and the firm’s first female partner in 2004. Debbie is an approved AMINZ (Arbitrators’ and Mediators’) Institute of NZ Inc., FDR Mediator/Provider, a credentialed Associate FDR Member and an accredited member of the NZ Law Society’s Panel of Mediators as a Family Specialist.
Helen Tyree, Senior Associate, McWilliam Rennie Lawyers
Helen Tyree is a specialist in family law. Helen graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Laws in Child Law and Policy (with distinction). From 2003 she worked in firms in Taranaki specialising in family law, and has been with McWilliam Rennie in Wellington since 2014. As well as acting for clients in all areas of family law, Helen undertakes regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act. She is also a co-author and editor of the Relationship Property section of Brookers Family Law- Family Property.
Shelley Stevenson, Barrister, Kumutoto Chambers
Shelley is an experienced family lawyer based in Wellington, New Zealand. She specialises in all aspects of family law and has special interest in relationship property and cases involving Oranga Tamariki. She is regularly appointed by the Family Court to represent children in parenting disputes and child protection cases. Earlier in her career Shelley was a youth advocate, criminal defence lawyer and civil litigator and has worked in family law since 1995.
Don Sloan, Principal, Sloan Consulting Limited
Over the last 30 years Don has been extensively involved in the sale and valuation of a wide range of businesses and professional practices. Don was responsible for the design and concept development of the Bizstats™ database which stores and supplies statistics on the previous sales of businesses in New Zealand for valuation purposes. He has co-presented two national seminar series on buying, selling and valuing the SME on behalf of the (then) New Zealand Institute of Chartered Accountants and in recent years has been course facilitator for an annual two-day business valuation masterclass. Don holds a Master of Commerce degree with First Class Honours from the University of Canterbury, and has frequently given business valuation evidence as an expert witness in court hearings.