Delve into all the current issues for family law property matters in one day! Explore the rights and interests in trusts and the distribution as a part of the asset pool. Unpack the current approach taken towards initial and external contributions and dealing with disputed debts from third-parties. Stay informed with an annual update on recent cases and legislative changes, including the Family Law Amendment Bill (No. 2) 2023 – Property Disputes Amendment. Gain all your ethics and skills points though an in-depth analysis of identifying the assets from a lawyer and forensic accountant perspective, dealing with violence and coercive control in a family law practice and key ethical issues commonly missed in practice.
Accessing the assets contained within discretionary family trusts can offer complex issues in family law. Consider when the rights of a beneficiary in a discretionary trust will be valuable property, and what arguments might be available
- A close analysis of the property interests of a beneficiary to a discretionary trust
- A consideration of the powers in the Family Law Act available to attack the trust
- Consideration of other arguments at equity which may assist, such as setting aside the decisions of trustees or removing the trustee
Presented by Dr Robin Smith, Barrister, Holmes List; Co-Author, Family Law (7th Ed) Thomson Reuters; Leading Family Law Junior Counsel, Doyle’s Guide 2023
Presented by Sarah Fisken, Barrister, Foleys List; Leading Family Law Junior Counsel, Doyle’s Guide 2023
- Revisiting the definition of family violence and coercive control and what practice management tools can we use to detect family violence and coercive control
- What practice management strategies are available to help our clients who are the victims of family violence and coercive control
- How we can manage clients who are the alleged or actual perpetrators of family violence and coercive control
Presented by Simon Kelly, Barrister, Holmes List Barristers, and Keturah Sageman, Senior Partner, Nicholes, Family Lawyers
Through dissecting a case study, you will work through an in-depth exploration of ethical dilemmas in family law and gain practical strategies and insights for addressing today’s ethical challenges in family law practice.
Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers; Accredited Specialist in Family Law; Member of the Ethics Committee of the Law Institute of Victoria
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
Chair: Jason Walker, Partner, Forte Family Lawyers
- The “Bank of Mum and Dad”: Is it a gift or a loan?
- Third party creditors: When should they be joined as a party?
- Caveats: When can they be lodged by creditors?
- Indemnities: Are they worth the paper they are written on?
Presented by Jeanette Swann, Barrister, Owen Dixon Chambers East
Gain that all-important annual case update, highlighting recent trends and practical take aways from recent cases in several following important areas of disputes in Family Law, and an update on the latest reforms impacting Property Disputes.
Presented by Rachell Davey, Partner, Lander & Rogers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2024
Chair: Justine Clark, Partner, Tisher Liner FC Law; Accredited Specialist in Family Law
- Identifying the interests of the parties in property
- What is an ‘entitlement’ or ‘interest’ in property
- Property interests held by third party entities
- How to work though complex company and trust arrangements
- When, why and how to join third parties
- Getting at assets owned by trusts
- How to protect your client from claims against company or trust assets
- How to navigate the disclosure material
- Determining what specific disclosure may be necessary
- Valuing an interest in a business
- Can you value the interest of a Discretionary Beneficiary in a Trust?
Presented by Barry Berger, Director, Dignity EDR; Accredited Specialist in Family Law and Joshua Wheeler, Director, Munday Wilkinson
Presenters
Jason Walker, Partner, Forte Family Lawyers
Jason Walker is a Partner at Gadens and has dual accreditation as specialist in Family Law (2005) and as a specialist in Children's Law (2012), one of the first practitioners in Victoria to hold both qualifications. Jason has served as the Chair of the Family Law Section of the Law Institute of Victoria (LIV). He is a member of the LIV Children's Law Specialisation Advisory Committee, which is responsible for assessing and examining candidates for specialisation in Children's Law. Regarded by his peers as an industry leader, Jason regularly presents to the profession on Family Law issues, to the University of Melbourne Law School on Family Law practice and procedure and has presented at international Family Law Conferences in Indonesia, India and Italy. Jason is also a Fellow of the International Academy of Matrimonial Lawyers, a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries. In 2014 and 2015, Jason was named a "Leading Victorian Family Lawyer" in Doyle's Guide. Doyle's publication is drawn from peer colleague opinion. A former member of the LIV Social Media Taskforce, you can follow Jason on Twitter on @jasonwalkerllb.
Dr Robin Smith, Barrister, Holmes List
Robin joined the Victorian Bar in 2009, and practices exclusively in family law and its associated jurisdictions. He is the co-author of the leading text book, Family Law (7th ed). He specialises in family law matters with complex questions of law, including matters with issues related to bankruptcy, equity, trusts, and third party disputes. Robin regularly provides detailed written advice and appears in court for pre-trial hearings, final hearings, and appeals. He also accepts briefs to draw or settle financial agreements and child support agreements. Prior to coming to the bar, Robin was an associate at the Federal Magistrates Court and a solicitor in a boutique commercial and construction law firm, practicing in both litigious and non-litigious matters. Robin has been a sessional teaching associate at the Faculty of Law at Monash University teaching administrative law and evidence. Robin has also worked for the United Nations at a war crimes tribunal in The Hague. Robin is the Victorian Bar representative on the executive of the Family Law Section of the Law Council of Australia and a fellow of the International Academy of Family Lawyers.
Justine Clark, Partner, Tisher Liner FC Law
Justine Clark is an experienced lawyer who has an extensive and precise understanding of family law. She is a Principal of Tisher Liner FC Law and an Accredited Family Law Specialist. Justine’s particular areas of expertise include Complex property / high net worth matters; Property matters involving companies, trusts, SMSFs, businesses, taxation, disclosure and valuation issues; International property matters; International relocation (parenting) matters; Binding Financial Agreements and Child Support Agreements. Justine was an Associate to Justice Hugh Fraser QC of Queensland's Court of Appeal, and then Legal Associate to the Honourable Peter Young QC of the Family Court of Australia. Justine is a member of the Family Law Section of the Law Council of Australia, the Law Institute of Victoria (and the former co-chair of the LIV Family Law Accreditation Committee), the LGBT Family Law Institute and a member of Pride in Law, Victoria.
Barry Berger, Director, Dignity EDR
Barry graduated from Monash University with a Bachelor of Economics (1972) and Bachelor of Laws (1974). He saw the introduction of the Family Law Act in the mid-seventies from the previous Matrimonial Causes Act, and has practiced through the many and varied changes of Family Law since then. During his career, Barry has been the Head of Family Law at a number of prominent firms and was the co-founder and Managing Partner of Berger Kordos Lawyers and prior to that he was the Head of the Family Law Department of Home Wilkinson Lowry which subsequently became HWLE. In 2021 together with Leon Berger (who is also a Family Law Accredited Specialist FDRP and Mediator), Barry established Dignity EDR - Effective Dispute Resolution and Dignity.Legal, an initiative which specialises in out-of-court settlements through negotiation, Mediation, Collaboration and provides expert guidance in all relationship matters. He has been an Accredited Specialist in Family Law and a Mediator since 1991, and recently became an Accredited AIFLAM Arbitrator. Barry is committed to helping people effectively find family law resolutions at all stages of their relationship. Barry Berger is one of Australia’s most experienced family lawyers and is known in the profession for giving strategic legal advice in complex family law matters, an innovator in Relationship Dispute Resolution and collaborative law , and a champion of value-pricing for professional services. In his spare time, Barry has a keen interest in cycling, art and creativity, Armagnac and urban anthropology.
Simon Kelly, Barrister, Holmes List Barristers
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.
Keturah Sageman, Senior Partner, Nicholes Family Lawyers
Keturah Sageman is a Senior Partner at Nicholes Family Lawyers a boutique specialist family law firm based in Melbourne. Keturah has over 20 years of specialist experience in family law. She is an Accredited Family Law Specialist and a Fellow of the International Academy of Family Lawyers. Keturah has gained admission to practice as a lawyer in NSW, WA and Victoria. Prior to joining Nicholes Family Lawyers in 2012, she was based in Sydney where she held senior roles in two of Australia’s leading family law firms, representing high net worth clients. Keturah’s practice covers all areas of family law, with expertise in complex property and financial settlements, prenuptial agreements, parenting disputes (including interstate and international relocations and abductions) and child support issues. Keturah coaches and mentors junior lawyers, is an active member of the Family Law Section of the Law Institute of Victoria and has presented family law papers at conferences.
Caroline Counsel, Managing Partner, Caroline Counsel Family Lawyers
Caroline Counsel is the principal of Caroline Counsel Family Lawyers: Better Families, Brighter Futures. She is an Accredited Family Law Specialist, trained as a Collaborative Lawyer and Mediator & Arbitrator and Family Dispute Resolution Practitioner of some 35+ years’ experience. Caroline is a Past President of the Law Institute of Victoria (2011) and Honorary Life Member. Caroline has been a Board member of the LIV, LCA and has been Co-Chair of the LIV’s Collaborative Practice Section and presently holds the Family Violence Portfolio for the Institute as well as Co-Chair of the Family Violence Working Group at the LIV. Caroline is a State government appointed member of the Industry Taskforce on Family Violence. She is one of the inaugural board members of the Victorian Legal Admissions Board (appointed by Victorian Attorney General June 2015) and still sits on the VLAB Board as well as the Admissions Committee.
Sarah Fisken, Barrister, Foleys List
Prior to coming to the Bar, Sarah Fisken worked for over three years at Kennedy Partners (formerly Kennedy Wisewoulds), where she practised exclusively in Family/de Facto Law, and related jurisdictions. Before that, she was a solicitor at Fraser Nevett and Frawley where she worked in a broad range of practice areas including Family Law, Criminal Law, Children's Court, and civil matters. Sarah has considerable experience in all aspects of Family Law, including parenting, property and child support matters. Whilst at Kennedy Partners, Sarah also worked in the area of international matrimonial law, dealing with issues such as international relocation and parenting cases, international child support issues, and jurisdictional disputes. In the course of her practice as a solicitor, Sarah appeared regularly for clients as a solicitor advocate in the Family Court of Australia, and the Federal Magistrates Court of Australia (now Federal Circuit Court of Australia). She has also appeared in the Magistrates' Court, the County Court (in both criminal and civil jurisdictions) and in intervention order matters. Sarah has undertaken volunteer work at Community Legal Centres where she has dealt with a wide range of general matters.
Jeanette Swann, Barrister, Owen Dixon Chambers East
Before coming to the Bar in 2013, Jeanette Swann was a solicitor for over 18 years and was a director of a legal practice in Melbourne. Jeanette worked as a solicitor in city, suburban and rural practices. In addition to developing expertise as a family lawyer, Jeanette also gained many years of experience as a solicitor in handling general commercial, property, insolvency, common law and estate matters. Jeanette became a Victorian Accredited Family Law Specialist in 2001. Since coming to the Bar, Jeanette has practised exclusively in the area of family law. She is available to take briefs in all areas of family law and is available for interstate work. Jeanette has a particular interest in parenting cases with a relocation aspect, property matters, Binding Financial Agreements and appellate advocacy. Jeanette is also an experienced mediator. Jeanette has served for several years on the Foley’s List Committee and is the CPD Co-ordinator for the Family Law Bar Association.
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.
Joshua Wheeler, Director, Munday Wilkinson
Joshua has experience in business services and taxation, as well as in business. He started his accounting career in a Chartered Accounting Firm in Sydney under former Mid-Tier partners, which provided him with hands on experience to large clients from diverse industries. After some years working in business and varying industries, Joshua decided to use his knowledge and experience to return to his passion of Public Practice and joined Munday Wilkinson in 2019. Since then, he has specialised in forensic accounting and is recognised by CA ANZ as a CA Business Valuation Specialist. His expert reports have included forensic investigations, quantification of economic loss, and valuations for businesses in a variety of industries for family law, commercial litigation, shareholder disputes, tax restructuring, and sales and acquisitions. His reports have been used for litigation matters in various jurisdictions including the Federal Court of Australia, Supreme Court of Victoria, Supreme Court of New South Wales, Federal Circuit and Family Court of Australia, County Court of Victoria, and the Victorian Civil and Administrative Tribunal.