Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
Equitable Rights of the Beneficiary: What are Your Rights of Interest in the Trust
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 Tim Gough, Partner, Kennedy Partners Lawyers, Accredited Specialist in Family Law
Prepared by Dr Robin Smith, Barrister, Holmes List; Co-Author, Family Law (7th Ed) Thomson Reuters; Leading Family Law Junior Counsel, Doyle’s Guide 2023
Chair
Jason Walker, Partner, Forte Family Lawyers
Presenters
Tim Gough, Partner, Kennedy Partners Lawyers
Tim is an accredited family law specialist and advises clients in complex commercial family law property matters. He specialises in commercially focussed negotiations and strategic litigation to ensure he obtains the best possible outcomes for his clients. When he is not in court, Tim focusses on the estate planning aspects of family law and prepares Pre-Nuptial Financial Agreements for married and de-facto couples.
Jason Walker, Partner, Forte Family Lawyers
Jason Walker is a partner of Forte Family Lawyers and has over 20 years of experience helping clients through family and relationship breakdown. He is accredited by the Law Institute of Victoria as a specialist in Family Law (2005). Jason has particular expertise in complex parenting matters and complex financial litigation. Jason’s practice includes international family law, often involving jurisdictional and forum disputes. He is a Fellow of the International Academy of Family 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. Jason is a member of the IAFL Executive Committee. In December 2018, Jason was elected as the Victorian solicitor representative to the Executive of the Family Law Section of the Law Council of Australia, the peak national body for Lawyers. He is the current Deputy Chair of the Family Law Section. Jason is the editor of Australian Family Lawyer and regularly presents on family law issues. Jason has also served as the Chair of the Family Law Section of the Law Institute of Victoria. He was a founding member of the LIV Children’s Law Specialisation Advisory Committee, responsible for assessing and examining candidates for specialisation in Children’s Law. Jason is regularly named in the Doyle’s Guide list of Leading Family and Divorce Lawyers (Melbourne). Jason has also been ranked in the Doyle’s Guide list of Preeminent Family & Divorce Lawyers (Melbourne), Leading High-Value & Complex Property Matters Family Lawyers (Melbourne), and list of Preeminent Parenting & Children’s Matters Lawyers (Victoria). Doyle’s Guide is drawn from peer opinion. Jason is also named in Best Lawyers Australia.
