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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
Attend and earn 7 CPD Hours
This conference was recorded in NZ on 30 October 2018
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
Presented by Jane Hunter, Barrister
10.00am to 11.00am: CASE STUDY: Spousal Maintenance: McQueen v Penn [2016] NZFLR 795 (High Court)
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
Presented by Dr Gaye Greenwood, Senior Lecturer, Auckland University of Technology
Learning Objectives
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:
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.
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:
Presented by Penelope Stevenson, Barrister, Vulcan Chambers
Learning Objectives