Family Law: Property Division Trusts and Companies
Attend and you will receive a timely update on significant family law case developments including a case study on spousal maintenance from the perspective of the applicant and respondent’s respective Counsel. Master how to distinguish a gift from a loan and also the disputes that ensue in property division claims. Familiarise yourself with the taxation consequences in a settlement by working through common situations encountered by tax specialists, and receive an in-depth analysis of trusts
Description
Attend and earn 7 CPD Hours
This conference was recorded in NZ on 30 October 2018
Session 1
Untangling Gifts, Spousal Maintenance and Tax
Chair: Lynda Kearns, Barrister, Bastion Chambers
9.00am to 10.00am: Gifts and Loans in Family Law Property Disputes
- Indicia of gifts and loans: how to tell the difference and how much to repay
- Relevant legislation: India, Australia and New Zealand
- Managing conflicts
Presented by Jane Hunter, Barrister
10.00am to 11.00am: CASE STUDY: Spousal Maintenance: McQueen v Penn [2016] NZFLR 795 (High Court)
- A review of the facts and the various judgments in this case for final spousal maintenance
- The case from the perspective of the applicant and respondent from their respective Counsel
- Implications for your future cases
Presented by Jennie Hawker, Partner, Wynyard Wood Lawyers & Notaries and Louise Reed, Barrister, Southern Cross Chambers
11.00am to 11.15am Morning Tea Break
11.15am to 12.15pm: Taxing Relationships
Although it is often not front of mind, the tax implications that may arise due to relationship property settlements can have significant consequences for the parties and it is important for these tax costs to be factored into any agreement to ensure an appropriate settlement is reached. The nature of what is being divided, the legal ownership of the property and agreement on how this transaction is managed all need to be considered. Look at common situations involving corporate and trust ownership, property based transactions, GST matters and factoring tax elements into settlement calculations.
Presented by Dan Lowe, Associate Tax Director, Grant Thornton
12.15pm to 1.15pm: Collaborating and Negotiating in the Mutual Interests of Clients and their Lawyers
- Transforming the negotiation mindset
- Making sense of interests: What’s in the heart of the shark?
- Listening & coaching: self-determined problem solving
- Negotiation resilience for the children’s family-apart
- The collaborative lawyer and mental health
Presented by Dr Gaye Greenwood, Senior Lecturer, Auckland University of Technology
Learning Objectives
- Gain a deeper understanding of what constitutes a gift and a loan
- Hear the McQueen v Penn case from different perspective and the implications for Spousal Maintenance claims
- Examine tax issues that arise in relationship property matters
- Develop professional negotiation skills to incorporate into your practice
Session 2
Family Law Trusts and Case Law Intensive
2.00pm to 3.00pm: Constructive Trusts in Family Law
New Zealand has more express trusts per capita than any other country in the world. As a result, trusts frequently feature in family law disputes. One tool available to seek provision from an express trust at the end of a relationship is a constructive trust.
You will walk away with practical guidance in either bringing or defending constructive trust claims, including an:
- Overview of the law relating to constructive trusts
- Analysis of recent decisions concerning constructive trust claims over assets held in an express trust
Presented by Georgia Angus, Senior Solicitor, and Aria Newfield, Solicitor, Morris Legal
Paper prepared with Sally Morris, Partner, Morris Legal
3.00pm to 4.00pm: Case Update: Relationship Property, Trust and Estate Litigation
Be updated on recent key cases in the area of relationship property, trust and estate litigation and their implications for your family law matters.
- Valuation issues: Scott v Williams, Supreme Court
- Intention to defeat and common intention trust: Horsfall v Potter, Supreme Court
- Trustee indemnities Courteney v Pratley, High Court
- Estate claims under section 182 of the Family Proceedings Act: Thakurdas v Wadsworth High Court
Presented by Stephanie Ambler, Partner and Kate Sullivan, Partner Tompkins Wake
4.00pm to 4.15pm Afternoon Tea Break
4.15pm to 5.15pm: Clayton v Clayton: s182 Family Proceedings Act
Revisiting the Supreme Court decision in Clayton v Clayton [2016] 1 NZLR 590 - s 182 Family Proceedings Act and an overview of the impact of that decision in subsequent Court decisions
The presentation will incorporate an overview of law reform initiatives:
- Review of the Law of Trusts by the Law Commission NZLC R130
- Dividing Relationship Property – time for change by the Law Commission NZLC IP41
Presented by Penelope Stevenson, Barrister, Vulcan Chambers
Learning Objectives
- Analyse recent and important family law and property division cases
- Understand how constructive trusts can affect relationship property division
- Gain insight into s182 from the perspective of potential law reform