Family Law Interdisciplinary Issues: Death, Tax, Trusts, Crime & Bankruptcy

Gain strategies for numerous other areas of law besides family law affecting your family law matters Navigate the concerns when you come upon discretionary trusts, the key tax considerations for family property settlements, navigating bankruptcy in family law and effective strategies for engaging with trusteesUnderstand how to manage procedural challenges when a party to proceedings dies? Navigate the cross over of immigration law in family violence and parenting matters, plus the impacts and intersection of criminal actions on family law proceedings including what family lawyers needs to know about running and defending a family violence intervention orderA not to be missed Conference.

Wednesday, 13 November 2024
Description

Attend and earn 7 CPD units including: 
5.5 units in Substantive Law 
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories

Session 1: Exploring Tax, Trusts, Bankruptcy and Death in Family Law

Chair: Rachell Davey, Partner, Lander & Rogers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2024

Session 2: Managing Crime and Violence in Family Law: An Interdisciplinary Approach

Chair: Monica Blizzard, Director, KHQ Lawyers; Accredited Family Law Specialist

2.45pm to 3.30pm The Impacts and Intersection of Criminal Actions on Family Law Proceedings

 

  • A case study on the intersection of crime, intervention orders and parenting
  • What can and can’t be controlled
  • Plea of guilty or not guilty, what are the impacts
  • Consent without admissions or findings of fact?
  • What takes primacy?
  • Strategies to consider: when to fight or concede and common mistakes 

Presented by Simon Kelly, Barrister, Holmes List

3.30pm to 3.45pm Break
Professional Skills
3.45pm to 4.30pm Psychology of Abuse: Recognising Coercive Control and Other Abusive Behaviour

 

  • What are the core features of coercive control vs other forms of abuse and violence including systems abuse
  • Multiple perpetrator abuse and coercive control to maintain privilege and power
  • What is the legal context for coercive control and family violence in Australia
  • Combined risk factors: genetics and environment
  • Psychopathology of abuse: Covert and Grandiose Narcissistic Personality Disorder, Antisocial Personality Disorder, Sociopath vs Psychopath
  • Environmental risk factors: entitlement-cultural and gender based, oppression / power and control / patriarchy, developmental trauma and childhood idolisation, anxiety and insecure attachment, poor communication, and expression skills
  • Victim blaming and gaslighting: how do we identify who the real person using abuse and coercive control is: perfectionism and high entitlement with low levels of responsibility
  • Perpetuating the abuse via: low levels of empathy, responsibility, respect, understanding vs high levels of blaming, denial, deflection, defensiveness
  • Victims feel unsafe and at risk: perpetrator maintains power and control by not admitting fault, focussing on the victim’s reactions, changing the story with little regard for the truth to suit their preferred perfectionistic image
  • Hope for change and men’s behaviour change programs  

Presented by Amanda Goldstein, General Manager Clinical Services, Relationships Australia Victoria; Psychologist

9.00am to 10.00am Family Discretionary Trusts: What are They Good For!

 

  • How to structure and how to deconstruct a family discretionary trust in family court proceedings: traps to guard against
  • When will the assets of a discretionary trust be considered as matrimonial property for the purposes of a s79 Family Law Act adjustment
  • How to structure a blood line trust to protect the assets against being included in the matrimonial pool
  • The role of Appointor and Trustee in discretionary trust
  • The discretionary trust as a financial resources and as matrimonial property
  • Real life examples, case studies and recent cases 

Presented by Gregory Russo, Principal, Greg Russo Law; Wills & Estates Accredited Specialist, Chairperson of the LIV Specialist Accreditation Education Advisory Committee and LIV Wills & Estates Advisory Committee; recognised in Doyle's Guide in Victoria as a Leading Wills Estates and Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer

10.00am to 11.00am Key Tax Considerations for Family Property Settlements

 

  • Tax to be considered as part of a property settlement (including but not limited to Stamp Duty, Capital Gains tax)
  • When does roll over relief apply?
  • How can losses impact tax payable?
  • What special exemptions may apply and when?
  • Tax relating to superannuation
  • How the court deals with unpaid tax liabilities
  • How can child maintenance trusts be utilised in a settlement? 

Presented by Josh Chye, Partner and Head of Tax Consulting, HLB Mann Judd

11.00am to 11.15am Break
11.15am to 12.15pm Navigating Bankruptcy in Family Law: Effective Strategies for Engaging with Trustees and Managing Procedural Challenges

 

  • Understanding the role of Trustees in Bankruptcy
    • Overview of a Trustee's responsibilities and powers
    • Interaction between family law and bankruptcy law
    • Importance of early identification of bankruptcy issues in family law cases
  • Impact of bankruptcy on family law proceedings
    • How bankruptcy affects property settlements and maintenance orders
    • How timing can affect outcomes
    • Should you wait for the Bankruptcy to be resolved
    • Does the non-bankrupt spouse need to negotiate alteration of property interest with the Trustee?
  • Procedural considerations in dealing with Trustees
    • Communication and negotiation strategies with trustees
    • When to join the Trustee in Bankruptcy
  • Practical tips and best practices 

Presented by Alice Ruhe, Managing Principal – Queensland, SMB Advisory; Registered Liquidator; Registered Trustee in Bankruptcy; Restructuring Insolvency and Turnaround Professional; Chartered Accountant 

12.15pm to 1.15pm What Happens When a Party to Family Law Proceedings Dies?

 

  • The continuation of proceedings after death
    • Who can be appointed under s79(8) or s90SM(8)
      • Wills, disputed wills, and intestacy
    • The impact on the conduct of proceedings
  • Interim issues pending a grant of representation
  • Practical tips and traps 

Presented by Lachlan Wraith, Barrister, Foley’s List

2.00pm to 2.45pm Managing the Cross Over of Immigration in Family Violence and Parenting Matters

 

  • The impact of interim and final family violence orders on visa applicants and sponsors
  • Character requirements relating to visas and family violence
  • Victims of family violence and visa requirements / visa types covered by family violence provisions
  • Parenting orders and consent for children to travel / live in Australia
  • Offshore family law disputes and impact it can have on applications in Australia 

Presented by Carina Ford, Managing Partner, Carina Ford Immigration Lawyers; Accredited Immigration and Administrative Law Specialist; Leading Immigration Lawyer & Agent, Doyle’s Guide 2023

Professional Skills
4.30pm to 5.15pm What Family Lawyers Need to Know about Running/Defending a Family Violence Intervention Order

 

  • What is the test to be satisfied?
  • Drafting effective further and better particulars
  • Preparing an effective response
  • Can telephone recordings be adduced as evidence?
  • Effect of orders in family law proceedings  

Presented by James McIntyre, Barrister, Svenson Barristers

Presenters


Rachell Davey, Partner, Lander & Rogers
Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters. Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions. She is highly adept at resolving complex property matters involving corporate entities, businesses, addressing the taxation implications of settlement and third parties. Rachell has extensive experience drafting financial agreements (both pre and post nuptial) and advising clients of the appropriateness of a financial agreement in their circumstances. She also assists clients with complex parenting arrangements involving interstate and overseas relocation. Rachell is an Accredited Specialist in Family Law (2005) and previous member of the Accredited Specialist Committee. She is listed in Doyle's Guide as a Rising Star in Family Law (2016) and a leading practitioner of Parenting and Children's Matters (2018 to 2024). She has been recognised in Best Lawyers (Australia) for her expertise in Family Law. Rachell is also a regular presenter and author covering family law topics.


Gregory Russo, Principal, Greg Russo Law
Greg Russo has almost 30 years’ experience in succession planning, administration and litigation and is one of Victoria’s most experienced and respected succession law solicitors. With a background in pure mathematics, Greg not only understands the implications of planning decisions on future taxation, SMSF, trust and estate administration, he is also able to break down complex concepts and structures logically and explain options to clients in a way that empowers them to take positive action and ownership for their decisions. Using the knowledge and insights that he has acquired over three decades; he crafts unique solutions to complex succession problems. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online. Greg is an LIV Wills & Estates Accredited Specialist, a chairperson of the LIV Specialist Accreditation Education Advisory Committee, a board member of the Mount Eliza Community Bank, a member of STEP, and is recognised in Doyle’s Guide, in Victoria, as a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer.


Alice Ruhe, Managing Principal – Queensland, SMB Advisory
Alice has practised in the Insolvency and Corporate Recovery Industry for over 15 years and is a Registered Trustee in Bankruptcy and a Registered Liquidator. Alice is a member of both the Chartered Accountants Australia and New Zealand and the Australian Restructuring Insolvency and Turnaround Association (ARITA) and has experience in all forms of corporate and personal insolvency administrations. Alice believes that in most instances early diagnosis and accurate prognosis can foster the best results. “All too often, good businesses go by the wayside because the early signs of potential distress have been ignored, or worse, have not been identified at all”. Alice has had experience dealing with administrations involving the building, hospitality, information technology, accounting, legal, medical, retail and various other industries. Alice is a true believer in providing clear and relevant communication to stakeholders and acknowledges that more often than not “things are not always quite as they seem”.


Lachlan Wraith, Barrister, Foley’s List
Lachlan is a barrister at the Victorian Bar. He commenced at the Bar in 1996 following 3.5 years working in a regional Victorian law firm. Lachlan practised primarily in family law until 2007 when he left the Bar to take a position as Head of Personal Estates & Trusts at Equity Trustees Ltd. His time at Equity Trustees gave him a broad and practical exposure to the legal and tax issues related to estates, trusts (testamentary, family, special disability, compensation trusts and charitable trust), representative administrations (VCAT and Powers of Attorney) and issues relating to the licensed trustee companies industry. Lachlan returned to the Bar in early 2013 and now focuses his practice on trust and estate work as well as family law matters involving trust and estate related issues.


Carina Ford, Managing Partner, Carina Ford Immigration Lawyers
Carina Ford is recognised as one of Australia’s pre-eminent migration lawyers. She established her own practice in 2004, having previously worked as an Associate at Gadens Lawyers, Melbourne. She is a practicing lawyer and an Accredited Immigration and Administrative Law Specialist. CFIL supervises a legacy caseload clinic as part of a joint venture between the ASRC and Maurice Blackburn after hours. Carina is a regular contributor to submissions about Bills in this area for the LIV and LCA and has appeared before numerous Australian Senate Committees. She is part of a group providing assistance on split family Applications – applications by refugees under the age of 18 who wished to bring family to Australia. She also writes the Student visa section of the Lexis Nexus Migration service. Carina is also a registered New Zealand Migration Adviser (201100036) and a member of the NZAMI. She has presented papers both in Australia and overseas and teaches both experienced and newly entered migration agents/lawyers. Carina was also awarded the Best Lawyers ‘Lawyer of the Year’ for 2022 and the Lawyers Weekly, “Partner of the Year’ for 2022 in recognition of her outstanding contribution to her field.


Josh Chye, Partner and Head of Tax Consulting, HLB Mann Judd
Josh Chye leads the HLB Mann Judd tax division. With a passion for understanding his clients' commercial drivers, he is able to provide practical tax solutions in order to both solve problems and identify opportunities. Josh's professional tax background of fifteen years extends across working in the tax consulting divisions of reputable international second tier and big four firms which gives Josh the advantage of possessing significant and deep experience advising clients across all sectors and sizes from family offices to foreign government funds. Josh has particular expertise in mergers and acquisitions advisory where he has led complex corporate restructure transactions, offshore/inbound transactions, managed investment scheme structuring, corporate debt refinancing and ASX listings. Outside of HLB Mann Judd, Josh is a Board member and Treasurer of the Property Funds Association of Australia and Board member and Vice Treasurer of the Australia Malaysia Business Council (Victoria Chapter).


Monica Blizzard, Director, KHQ Lawyers
With over 20 years' experience in family law, Monica is an Accredited Family Law Specialist with the Law Institute of Victoria, trained mediator and collaborative lawyer. Monica has a passion for complex parenting and property cases, and also has expertise in the area of reproductive law and family violence.


Simon Kelly, Barrister, Holmes List
Simon is a barrister practicing principally in crime, intervention orders, family law and guardianship law. Simon appears regularly in the Magistrates Court, County Court of Victoria, Federal Circuit and Family Court of Australia, and VCAT regarding child and property disputes, intervention orders and crime. Simon has a particular interest in intervention orders with associated criminal matters and their relationship to family law parenting matters. Simon is the holder of a Victorian Bar Indictable Crime Certificate and has lectured in Evidence at Victoria University. Immediately prior to coming to the bar, Simon was employed as a solicitor in the community legal service sector.  Simon appeared for a range of clients in a variety of criminal, regulatory and traffic matters including as duty solicitor in family violence matters. Previously, Simon was a senior solicitor at the Victorian Government Solicitors Office in the Regulatory Compliance and Enforcement team and appeared on behalf of a range of state and commonwealth departments in a broad range of matters. Prior to admission as a lawyer, Simon was engaged as a prosecutor with Victoria Police and subsequently with the Department of Transport. Simon has worked In East Timor with the UN and in the Solomon Islands, mentoring and monitoring local police. Simon read with Mr R B Hammill.


Amanda Goldstein, General Manager Clinical Services, Relationships Australia Victoria
Amanda has over 20 years of experience in leadership and clinical practice roles in a range of sectors delivering individual counselling and therapy, group work and family work. She strives to deliver innovative and effective evidence-based practice that assists clients to achieve change, create safety, become great parents and connect with themselves and their communities. She has undertaken practice specialist, practice, team leader and clinician roles in adult and child/youth mental health, relationship counselling and family violence services for people who use and experience violence. In recent years, Amanda has focused on developing practice across therapeutic counselling and group work services by using approaches that create safety by reducing shame, promoting regulation, and addressing complex trauma.


James McIntyre, Barrister, Svenson Barristers
James McIntyre specialises in family law and related matters (including de facto relationships), intervention orders, deceased estates, and commercial litigation. Before being called to the Bar, James worked as a Senior Solicitor for the Victorian Commission for Gambling Regulation, giving general advice to stakeholders, appearing on behalf of the Commission at prosecutions and court hearings, instructing counsel and also appearing as Counsel Assisting the Commission at public inquiries relating to applications for approval of premises as suitable for electronic gaming machines, as well as applications to vary the number of electronic gaming machines permitted at venues. James also worked in private practice for a number of years as a solicitor, in family law and general litigation. James was previously a member of the Football Federation Victoria Tribunal and has appeared as an advocate in sports disciplinary tribunals. James has served as a local councillor for Surf Coast Shire Council. James is admitted to practise in New York, United States as an Attorney-at-law, and is also an accredited NMAS mediator.

2411V04

Family Law Interdisciplinary Issues: Death, Tax, Trusts, Crime & Bankruptcy

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Wednesday, 13 November 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Wednesday, 13 November 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Wednesday, 13 November 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here