Family Law: Property & Financial Matters Conference

Cover all the recent developments in property and financial matters in family law. Examine the implications of the Family Amendment Bill on property matters plus practical take-aways from recent case law. Gain tips, traps and updates on the treatment Trusts, addbacks, inheritance, waste and third party issues. Plus, get your core CPD points in manners that matter including identifying tax issues, the duty of disclosure and discovery rules and the perennial problem of dealing with difficult clients. 243N37

Tuesday, 19 March 2024
Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1: Family Law Property Matters: Key Reforms, Trusts, Third Parties and other Issues in Family Law

Chair: Rachel Slat, Director, Slat Family Lawyers; Accredited Specialist in Family Law

9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am NEW FAMILY BILL: Family Amendment Bill: What Practitioners Need to Know about how it impacts Property Division Matters and Arbitration

Presented by Neil Jackson, Barrister, Frederick Jordan Chambers

10.35am to 10.50am Morning Tea
10.50am to 11.35am Property Matters Involving Inheritances, Pre-Mature Distributions, Addbacks, and Waste: Recent Developments
  • Treatment of inheritance received post separation
  • Dealing with pre-mature distributions
  • Different categories of addback
  • How to successfully argue an addback
  • Current position on waste
  • Recent decisions

Presented by Tijana Petkovic, Director, Blanchfield Nicholls

11.35am to 12.20pm Third Party Issues: Loans and Joinder Issues
  • Who may and who must be joined as a third party to property proceedings
  • Whether to join a third party - pros and cons
  • When and how to join a third party 
  • I’m a third party.  What do I do?
  • Alternatives to third party joinder

Presented by Robyn Druitt, Barrister, Lachlan Macquarie Chambers

9.50am to 10.35am If it Walks Like a Duck and Talks like a Duck: Treatment of Trusts and Equitable Interests in Family Law
  • The anatomy of a trust
  • The treatment of trusts post Kennon v Spry
  • Shams, alter egos and puppets
  • Rights and interests of beneficiaries
  • The (seemingly) divergent approaches to treatment of equitable interests as property by the Courts

Presented Phillip Ridgway, Partner, Pearson Emerson Family Law; Accredited Specialist in Family Law and Marco Bianchino, Senior Associate, Person Emerson Family Law

Session 2: Ethics, Professional Skills and Practice Management for Family Lawyers

Chair: Maurice Edwards, Special Counsel, Rafton Family Lawyers & Rafton Arbitration and Mediation Practice (RAMP) Leader; Accredited Specialist in Family Law; Nationally Accredited Mediator AIFLAM; Accredited Arbitrator Family Dispute Resolution Practitioner (FDRP)

Professional Skills
2.00pm to 3.00pm How to Identify Potential Tax Issues: A Forensic Accountant’s Perspective
  • Review of profit and loss accounts and balance sheets:
    • Loans to shareholders and trust beneficiaries and their prospective discharge  
    • Unpaid present entitlements due to a company
    • Embedded capital gains - recognised and unrecognised
    • Valuations of other assets – stock, plant etc
    • Franking credits and prospective tax on company retained earnings
    • Tax losses, future income tax benefits and deferred tax liabilities
  • Consideration of accruing tax liabilities on past, current and future income until settlement; lodgment of tax returns
  • Tax implications vs valuation implications of undisclosed income
  • Issues to be considered in drafting orders:
    • removal of one spouse as a trust beneficiary
    • availability of rollovers
    • importance of identifying ownership
    • consideration of Division 7A / deemed dividends

Presented by Trevor Vella, Principal, Trevor Vella & Co; Chartered Accountant, Valuer and Forensic Accountant

12.20pm to 1.10pm To Leave or Not to Leave

A consideration of how the principles of exclusive occupancy have changed as a result of recent cases.
Presented by Irene Morozov, Practice Director, York Law

1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Ethics & Professional Responsibility
3.00pm to 4.00pm Duty of Disclosure and Discovery Rules
  • The obligation of disclosure and implications of failing to make a full and frank disclosure
  • How to deal with another party failing to make disclosure
  • Your obligations when your client fails to disclose
  • Claims of privilege
Presented by   Maurice Edwards, Special Counsel, Rafton Family Lawyers & Rafton Arbitration and Mediation Practice (RAMP) Leader; Accredited Specialist in Family Law; Nationally Accredited Mediator AIFLAM; Accredited Arbitrator Family Dispute Resolution Practitioner (FDRP) and   Stephanie Azzi, Senior Lawyer, Rafton Family Lawyers Prepared by  Sarah Bevan, Principal, Sarah Bevan Family Lawyers; Accredited Specialist in Family Law; Accredited Arbitrator
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Panel Discussion: Dealing with Difficult Clients: Weighing up Officer of the Court vs Duty to Client
Facilitator: Maurice Edwards, Special Counsel, Rafton Family Lawyers & Rafton Arbitration and Mediation Practice (RAMP) Leader

Panelists: Monique Robb, Partner & Practice Group Leader, Lander & Rogers; Accredited Family Law Specialist Matthew Shepherd, Special Counsel, Ramsden Lawyers; Accredited Specialist in Family Law; Accredited Specialists Family Law Arbitrator; Recommended Family Law Mediator   Doyle’s Guide  2023 David Roberts, Principal, David Roberts Consulting

Presenters


Mr Phillip Ridgway, Special Counsel,
Doyle's Guide has recognised Phillip as a Rising Star in family law in the Australian legal market for 2021. Having worked in specialist family law firms since 2011, Phillip understands the impact which underlying motivators often play in family law. With a background in law and business, and an interest in psychology, Phillip provides his clients with pragmatic, level-headed advice to assist to cut through the minutiae, and focus on resolving their matters quickly, efficiently and cost-effectively. Phillip has a particular interest in property settlements involving businesses and complex asset structures, and takes a holistic approach to assisting his clients by working with their accountants, financial advisors and commercial lawyers to achieve the best outcomes. Phillip also regularly assists his clients with asset protection strategies for those entering into new relationships or planning to marry. Phillip is also experienced in assisting clients dealing with contentious and high conflict parenting matters which involve mental health issues, family violence, drug and alcohol issues, child protection aspects, international and domestic relocations, and recovery of children to name a few. Phillip often works with experts in other fields to assist his clients to achieve the best outcomes in these matters, including family therapists, social workers, psychologists and psychiatrists. Phillip was recognised by Doyle’s Guide as a rising star in 2018 and 2021 and as a Recommended Parenting Lawyer in 2018 and 2019. Phillip was accredited as a specialist family lawyer in 2017, and has contributed to legal commentary by CCH on developments in family law since 2015. Most recently Phillip has updated the CCH commentary on the intersection of Corporations Law and Family Law in Australia.


Mr. Neil Jackson, Barrister,
Neil Jackson holds a Bachelor of Law and Bachelor of Economics from Sydney University (both obtained in 1986), and a Master of Law from the University of New South Wales (obtained in 1996, majoring in a family law related subjects). He practised as a solicitor in Sydney from July 1986, largely specialising in personal injury litigation, family law and de facto relationships law, before being called to the New South Wales Bar in February 1997. From 1998 he was the National Editor of the CCH De Facto Relationships Service. As a solicitor, he was a member of the New South Wales Law Society Family Law Committee and the Committee of Family Law through the City of Sydney Regional Law Society. Further, he was part of the Sydney Registry of the Family Court of Australia's Duty Solicitor Scheme. He is also an accredited specialist through the Law Society of New South Wales in both family law and personal injury. In 1996 and again in 2003 he obtained a certificate through the Law Council of Australia and National Legal Aid, relating to the representation of children. Currently he practises as a barrister, exclusively in family law and de facto relationships law, at Frederick Jordan Chambers, Sydney. Neil Jackson is also a member of the Conciliators and Arbitrators Association, the Australian Association of Family Lawyers and Conciliators, and the Family Law Section of the Law Council of Australia. Further, he is currently on the Legal Aid Committee of the Bar Association of New South Wales. From 1998 until 2011 he was also an active Director on the Board of Family Planning Association (NSW). Family Planning NSW is the organisation to go to when it comes to reproductive and sexual health in NSW. They are an independent, not-for-profit organisation focused on the promotion, collection and dissemination of reproductive and sexual health knowledge and information. Currently he is a Board Director of 3 Bridges. 3 Bridges is a community based organisation which develops and provides a range of community and welfare services in the St George and Sutherland Districts. In 2002 he was appointed as an Arbitrator of the New South Wales Compensation Commission. This is a position to which he has actively held for over three years. Many of his judgments can be found on the website of the Workers Compensation Commission, at www.wcc.nsw.gov.au/decisions.asp In 2004 he was appointed a Mediator of the New South Wales Supreme Court. In 2004 he was appointed an Arbitrator of the New South Wales District Court. Since 2007 he has been a Commonwealth Government appointed Family Dispute Resolution mediator. Neil Jackson is presently an Arbitrator of the Local Court of New South Wales. He has, in recent years, regularly contributed by way of lectures and seminars in family law related issues through the New South Wales Young Lawyers Association, a branch of the Law Society of New South Wales; and the New South Wales College of Law.


Mr Trevor Vella, Director,
"Trevor Vella holds a degree in Economics from the University of Sydney (1973), an Honours degree in Law from the University of Technology, Sydney (1986), and the degree of Master of Business (Banking and Finance) from the University of Technology, Sydney (1995). He was admitted to the Roll of Solicitors of the Supreme Court of New South Wales in 1989. He is a member of the Institute of Chartered Accountants in Australia, the Law Society of New South Wales and the Taxation Institute of Australia. Trevor currently holds the position of Director of Valuation Services with Horwath Investment Services Pty Limited. He has extensive experience in the preparation of expert reports in connection with the acquisition of companies, shares and businesses. He is an authorised representative of Horwath Investment Services Pty Limited pursuant to its Dealers Representative Licence held under Part 7.2 of the Corporations Act. Trevor also has extensive experience in the preparation of expert reports and the giving of expert oral testimony in various courts in relation to valuations of businesses and companies, and the assessment of damages. He is the co-author of the first seven editions of the text entitled Australian Revenue Law CCH Australia Limited) originally published in 1987 and now in its 11th Edition, one of the leading publications in the tax field."


Ms Irene Morozov, Partner,
Irene Morozov has 30 years’ experience exclusively in Family Law and her formidable reputation and advocacy marks her out as a leading and pre-eminent lawyer in Australia. She specialises in complex financial matters and is often engaged by high net worth clients across intricate family law litigation involving companies and trusts. Irene has acted in some of the largest property cases heard in the Family Law courts not only in NSW, but across all the States of Australia. Irene is known by her clients and industry peers as a tenacious lawyer who works passionately and meticulously on her cases, leaving no detail uncovered. Since 2016 she has been recognised in the Doyle’s Guide – the definitive listing for law firms and lawyers – as a Leading and Recommended Family Divorce Lawyer (High-Value & Complex Property Matters). She lives in Sydney and away from work, she enjoys travelling for relaxation and spending time with friends.


Ms Monique Robb, Partner & Practice Group Leader, Lander & Rogers
Monique is an accredited specialist in family law. Monique has acted for clients in all areas of family law, including parenting (custody) and property matters, child support, spouse maintenance and financial agreements (including pre-nuptial agreements). Monique is known for providing clients with pragmatic, commercial advice and robust representation in both negotiating and litigating a resolution to their family and relationship law concerns. Monique has worked solely in the area of family law since 2007, including as the associate to a judge in the Federal Circuit Court. As a result, she provides clear, strategic advice and representation in matters which require litigation, and, more importantly, to assist clients to avoid litigation wherever possible. In addition to her work as a solicitor, Monique has taught Family Law at the University of Notre Dame, Australia, since 2014. Monique’s family law experience includes handling disputes where one or both parties live overseas. She also has significant experience in drafting financial agreements, including drafting mirror agreements to foreign pre-nuptial agreements. Monique also acts for third parties, including corporate entities, in family law matters. Monique became an accredited specialist in family law in 2015, and additionally has completed a Master of Laws at the University of Sydney, with a focus on family law and areas of law affecting children. Her strong academic and practical expertise are applied to ensure her clients receive efficient, effective advice, particularly in areas where novel issues arise. Monique has been named as a Rising Star in family law in Doyle's Guide. She is also a member of the Family Law Section of the Law Council of Australia.


Ms. Tijana Petkovic, Director,
Tijana is one of the Directors at Blanchfield Nicholls, a leading Family Law practice in Sydney and Australia as recognised by the independently researched and peer nominated Doyles Guide from 2015-2023 inclusive. Tijana has practiced exclusively in family law for 15 years, and has experience in a variety of parenting and property matters, including acting for parties with significant asset pools, matters involving complex business structures, spousal maintenance claims, child abuse and child sexual abuse matters, overseas relocation, as well as representing third parties who have been joined to family law litigation. Tijana has a special interest and expertise in complex financial matters and matters with international elements including where jurisdiction is in dispute, assets are held across other jurisdictions, where a parent wants to relocate with the child overseas and matters pursuant to the Hague Child Abduction Convention. While Tijana regularly appears in the Federal Circuit and Family Court of Australia as well as the Supreme Court and is a confident litigator, she is also trained and has experience in Collaborative Practice. She advises and guides families and individuals towards practical, amicable and respectful solutions to their family law problems and understands that litigation is a last resort for most clients. Tijana is a member of the Family Law Section of The Law Council of Australia, International Academy of Collaborative Professionals, Collaborative Professionals NSW, Central Sydney Collaborative Forum and is an occasional guest lecturer at the University of Technology, Sydney, lecturing in the family law undergraduate program and juris doctor program. Tijana regularly presents papers to members of the legal profession, as well as other professionals on family law issues. Tijana has been recognised as a ‘Family Law Rising Star NSW 2018’ by the Doyles Guide for 2018.


Mr Matthew Shepherd, Special Counsel, Ramsden Lawyers
Matthew Shepherd is a mediator, arbitrator, family dispute resolution practitioner, and accredited family law specialist. Matthew has a Masters of Dispute Resolution (Honours) from the University of Technology Sydney, where he taught Dispute Resolution Advocacy from 2014 to 2020. Matthew has studied advanced negotiation theory at the Harvard Project on Negotiation. He has sat on the NSW Society Dispute Resolution Committee. He works with clients and their lawyers to consider not only the best legal and financial outcomes, but also to consider the best dispute resolution process to achieve those outcomes. The choice of dispute resolution process has a big impact on the quality of agreements reached and how well they are implemented.


Mr. David Roberts, Principal, David Roberts Consulting
David assists parents through the difficult and often emotionally charged times of relationship difficulties. He is a careful and empathetic listener who works to create a calm space in which in which your situation can be discussed. David’s approach is to find ways to minimise stress and the negative impact separation can have on both children and parents. As a qualified family dispute resolution practitioner, counsellor and child consultant, David offers a unique set of skills to his clients. For over twenty years he has worked in the area of family law. His extensive experience assist clients as they navigate through the legal process. As an industry leader David lectures to lawyers, mediators and counsellors on family dispute resolution and collaborative practice.


Mr Marco Bianchino, Senior Associate,
Marco has practiced exclusively in family law since his admission in 2018 after graduating in arts and laws (honours) at the Australian National University. Marco has been recognised as a Rising Star in the 2024 Doyle’s Guide to the Australian legal market. Marco has experience across the breadth of family law, including complex property and maintenance matters (including acting on behalf of third parties), jurisdictional disputes, international family law, parenting matters (including relocation matters and matters involving allegations of family violence, sexual abuse, and drug and alcohol issues), child support, and the preparation of pre-nuptial and inter-nuptial Financial Agreements involving high net worth individuals and families. Marco has extensive experience in both litigation and dispute resolution events, including mediations and Conciliation Conferences. In the course of his practice Marco routinely works with accountants, commercial, estate and criminal lawyers, and psychologists and psychiatrists. Marco also volunteers at the Marrickville Legal Centre, providing family law advice to vulnerable individuals.


Mr. Maurice Edwards, Special Counsel, Rafton Family Lawyers
Maurice is an Accredited Family Law Specialist, Registered Family Dispute Resolution Practitioner (FDRP), Nationally Accredited Mediator and an Accredited Arbitrator. He is a Fellow of the International Academy of Family Lawyers. Maurice has developed an expertise in International Family Law parenting matters and has represented clients in cases under the Hague Child Abduction Convention in the Family Court of Australia, the Full Court of the Family Court and the High Court of Australia. He has trained in Japan specifically in the mediation of disputes relating to the Child Abduction Convention. For the last 20 years he has notarized the Intercountry adoption documents for the NSW Department of Communities and Justice. Maurice is named in the Doyles Guide of Leading Family Law Mediators – NSW 2023. Maurice has over 40 years experience in family law and is Special Counsel at Rafton Family Lawyers.


Ms Robyn Druitt, Barrister, Lachlan Macquarie Chambers
Robyn Druitt is a barrister at Lachlan Macquarie Chambers. She was admitted to the bar on 4 February 1991. Prior to this Robyn practiced as a solicitor from 1977-1991 in country New South Wales then suburban Sydney. Robyn's bar practice is now mainly in the area of Family Law, where she has a particular interest in advocacy in Family Law, child abuse and family violence. Robyn has extensive experience in the Children's Court (including Children of God litigation) and Common Law Claims against DOCS and NSW Department of Education (for the Crown in indigenous and non-indigenous claims by wards as to abuse in care and sexually abused pupils in public schools).

243N37

Family Law: Property & Financial Matters Conference

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All Sessions
Tuesday, 19 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 19 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 19 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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Venue
Cliftons - Spring Street

Level 3, 10 Spring Street, Sydney

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m

Bus Interchange - Clarence Street 450m

Parking Information

Parking not included in you registration. Here are some options below.

Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates