Family Law Conference: Property, Practice and Procedure
Attend and learn from our esteemed selection of top profile family law specialists as they navigate you through the latest changes and the impact of inheritance windfalls, international disputes, arbitration, binding financial agreements and litigation costs. Examine social media and the ramifications of its use in evidence in the family courts and stay completely up to date as we explore all the latest issues that will affect your practice.
Description
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 13 September 2018
Session 1
Property and Financial Matters
Chair: James Richardson, Special Counsel, Dimocks Family Lawyers
9.00am to 10.00am: Tax Related Matters and Property Settlements
Issues of the impact of tax on family law related property matters is often a forgotten but nevertheless very important aspect for practitioners to consider.
- Assessment of tax related issues associated with family law property matters with particular reference to Capital Gains Tax (CGT) and Goods and Services Tax (GST)
- Ellison v Sandini Pty Ltd [2018] FCAFC 44
- Does a Family Court order result in a change of ownership within the meaning of s104-10 of the Income Tax Assessment Act 1997 (Cth)?
Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
10.00am to 11.00am: Post Separation Windfall/Inheritances
- How has the Court previously dealt with windfalls: Bonnici, Farmer & Bramley, Eufrosin
- Recent case study: Calvin v McTier
- Factors to consider when dealing with post separation windfall cases
Presented by Sheridan Emerson, Partner; Accredited Family Law Specialist; Preeminent Family & Divorce Lawyer and Leading Family Lawyer (High-Value & Complex Property Matters), Doyle’s Guide 2018 and Louise Carter, Associate, Pearson Emerson Meyer Family Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Recovering Costs from the Fruits of Litigation
- Acquiring a right to have costs paid out of a client’s judgment or award or compromise for the payment of money
- Equitable liens over the fruits of litigation: Is the equitable lien really a lien?
- How the right is activated and the provision of notice
- What constitutes collusion and taking caution in intervening too precipitately on the basis of perceived collusion
Presented by Luke Fermanis, Barrister, Edmund Barton Chambers
12.15pm to 1.15pm: The Love Boat Cruises Through the Troubled Waters of Binding Financial Agreements
- All aboard as we revisit some previous landmarks including Wallace v Stelzer, Fewster v Drake, Hoult v Hoult and Saint Claire following the High Court's Landmark decision in Thorne v Kennedy.
- We shall consider the impact of the High Court's decision and chart a new course for the Love Boat through less troubled waters surrounding Binding Financial Agreements.
Presented by Maurice Edwards, Special Counsel, Watts McCray Lawyers; Accredited Family Law Specialist
Session 2
Practice and Procedure
Chair: Glenn Thompson OAM, Partner, Newnhams Solicitors; Accredited Specialist in Family Law; Leading Family and Divorce Lawyer, Leading Family Lawyer (High-Value & Complex Property Matters), and Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2018
2.00pm to 3.00pm: Social Media and the Law of Evidence in the Family Court
- Using and obtaining social media as evidence
- Admissibility tests
- Discretionary powers and observations
- Family court cases: case studies
Presented by Giles Stapleton, Barrister, 9 Selborne Chambers
3.00pm to 4.00pm: International Property Disputes and Child Support
- How to determine the most appropriate jurisdiction for your client
- What factors need to be considered when determining the most appropriate jurisdiction
- What happens when proceedings are commenced in another jurisdiction? What can your client do to prevent the proceedings being prosecuted?
- How do you enforce Australian Orders/agreements overseas, and vice versa, how do you enforce overseas Orders/agreements in Australia?
- What happens when the children are in Australia and the payer of child support is a resident overseas? How is child support dealt with?
- Practical hints and tips for dealing with relationship breakdown and the financial consequences where the relationship and the assets of the relationship cover more than one country including Australia
Presented by Melinda Di Condio, Special Counsel, Horton and Rhodes
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: The Arbitrator and The Judge: The Court's Role in the Management and Review of Arbitrations in Family Law Financial Cases
- Referral
- Case management, disclosure, discovery and subpoenas
- Registration of Awards
- Review of Awards
- Setting aside Awards
Presented by Chris Othen, Barrister, Waratah Chambers, Leading Family Law Junior Counsel, Doyle’s Guide 2018