Register Now

Complex Assets in Family Law Property Settlements: Tax, Trusts, Companies and SMSFs

How are complex assets treated in family law property settlements? This practical family law session guides you through the key tax, valuation and structuring issues involved in dividing trusts, companies, business interests and self-managed superannuation funds. Explore recent ATO developments affecting Division 7A arrangements, examine common tax traps in business and company settlements, understand the impact of Caldwell & Caldwell on discretionary trust interests, plus examine critical SMSF compliance, valuation and superannuation splitting issues. Gain practical strategies to identify financial and tax risks, collaborate effectively with accountants, valuers and other financial experts, and achieve better outcomes in complex family law property matters.

Wednesday, 24 February 2027
11.15am to 12.15pm Treatment of the Quantification/Valuation of Interests in Discretionary Trusts, Arising from the High Court Decision of Caldwell & Caldwell

Caldwell's application for special leave to appeal to the High Court was dismissed so the Full Court decision of the Federal Circuit and Family Court of Australia in Caldwell & Caldwell [2026] FedCFamC1A 81 remains the settled law.

  • Examine the decision’s ongoing implications for the treatment and valuation of discretionary trust interests in property settlements

Presented by Andrew Davies, Principal, O’Sullivan Davies Family Lawyers: Accredited Specialist in Family Law; Preeminent Family & Divorce Lawyer and Preeminent Family Lawyer High-Value and Complex Property Matters, Doyle’s Guide 2026

Chair:

Susan Pearson, Partner, Pearson Emerson; Accredited Specialist in Family Law; Preeminent Family & Divorce Lawyer and Preeminent  Family Law High-Value & Complex Property Matters, Doyle’s Guide 2026

9.00am to 10.00am Division 7A in Family Law Settlements: Managing the Tax Risks and Recent ATO Developments
  • Recognising common Division 7A issues arising in family law property settlements
  • Explore current ATO compliance priorities and their impact on the treatment of Division 7A loans
  • Managing tax exposures and structuring settlements to minimise post-separation risk

Presented by Chris Ardagna, Partner – Tax Consulting, Pitcher Partners

11.00am to 11.15am Break
Description

Attend and earn 4 CPD units including: 
2 units in Substantive Law 
2 units in Professional Skills 
This program is applicable to practitioners from all States & Territories

Professional Skills
12.15pm to 1.15pm SMSFs in Family Law: Risks and Challenges
  • Understanding what to ask for and what to do with it
  • Obtaining complete and appropriate information
  • Valuing member interests
  • Splitting and its challenges

Presented by Peter Crump, Senior Consultant, Private Wealth, BDO Australia

Professional Skills
10.00am to 11.00am Separating Interests in Companies and Businesses: The Tax Traps Family Lawyers Miss
  • CGT rollover relief, foreign resident withholding certificates and beneficiary accounts within discretionary trusts, FTEs, GST issues
  • Financial statements: what are we looking for?  Div 7A, UPEs, s100A
  • Differences between accounting book treatment and what happens in practice or real life

Presented by Julie O'Reilly, Partner, Business Advisory, William Buck

Presenters

Andrew Davies, Principal, O’Sullivan Davies Family Lawyers
Andrew graduated from the University of Western Australia with a B. Juris and LLB, was admitted to the Supreme Court of Western Australia and has been practising Family Law for over 40 years. He is nationally accredited as a Family Law Specialist, mediator, an FDR Practitioner and is also qualified as a Reg 67B Arbitrator. Andrew has presented numerous papers and lectures at state, national and international conferences and has been a guest lecturer at Murdoch University Law School, a fellow of the International Academy of Family Lawyers (IAFL), a former executive member of the Asia-Pacific Chapter of IAFL, former Chair of the Family Law & Family Rights Section of LawAsia, current Chair of Australian Institute of Family Law Arbitrators and Mediators (AIFLAM), a member of the Society of Trust and Estate Practitioners (STEP) and sits on the executive committee of the WA Chapter.


Peter Crump, Senior Consultant, Private Wealth, BDO Australia
Peter Crump is a Senior Consultant at BDO Adelaide. As a licensed financial adviser he provides his clients with ongoing advice and support to make their lives less stressful when it comes to money related matters. A lifetime spent in superannuation has given Peter a deep understanding of anything related to superannuation, including self-managed superannuation funds, which is a specialisation. Peter has been providing expert advice and evidence on Family Law superannuation related issues for over 20 years and is a regular presenter on these issues. A previous Chairman and board member of the SMSF Association, Peter has numerous professional credentials, including Fellow of the Institute of Actuaries of Australia, Chartered Tax Adviser, SMSF Specialist Adviser and CERTIFIED FINANCIAL PLANNER.

Chris Ardagna, Partner, Pitcher Partners
Chris Ardagna is a partner in the tax consulting group of Pitcher Partners Sydney and has been advising on tax issues affecting large privately-, owned businesses and listed companies for over 15 years. Chris re-joined the firm in December 2018, having previously been a partner from 2007 - 2011. Prior to re-joining the firm, he was a tax partner at a boutique law firm for a number of years. Chris has experience in advising clients on a broad range of tax issues, including tax efficient structuring for investing in and out of Australia, corporate reorganisation strategies and cross-border employment issues. In addition, Chris has considerable experience dealing with disputes with the revenue authorities, including managing reviews and audits, seeking private rulings, objecting to assessments, appealing objection decisions and settling disputes with the revenue authorities. Chris has also been working with high wealth families and privately held groups in relation to business succession and estate planning matters for almost 10 years. Having been involved in a number of family disputes arising from both a lack of planning for generational change and poorly drafted estate plans, Chris draws from that experience to ensure the appropriate estate and succession plans are in place for clients. This experience extends to: Structuring and managing inter-generational wealth transfer during the principal's lifetime; Structuring new and updating existing estate plans including the use of testamentary trusts ; Business succession planning including structuring buy-sell agreements, shareholder/unitholder agreements, and employee equity arrangements ; General asset protection strategies; Resolving disputes involving trust and estate assets and entitlements both through negotiation and litigation.


Susan Pearson, Partner, Pearson Emerson
With over 35 years’ experience in family law, and as one of the first lawyers to be accredited as a family law specialist by the Law Society of New South Wales, Susan is consistently recognised as one of the leading family lawyers Australia-wide. In 2021 Susan was once again recognised in Doyle’s Guide to the Australian Legal Market as one of only five pre-eminent family lawyers in Sydney and one of only four leading family lawyers for high-value & complex property matters) in New South Wales. Susan is a Fellow of the International Academy of Family Lawyers (IAFL), and a Contributor to the World Bank Women, Business and the Law & Civil Society Organisation Reports. a Contributor to the World Bank Women, Business and the Law & Civil Society Organisation Reports.

Julie O’Reilly, Partner, Business Advisory, William Buck
Julie O’Reilly is a Partner in Business Advisory at William Buck, providing strategic accounting, taxation and structuring advice to business owners, families and professional practitioners. She has extensive experience advising on asset protection, succession planning, transaction structuring and the financial complexities that can arise through divorce and separation. Known for her practical, commercially focused approach, Julie helps clients navigate complex financial decisions with clarity and confidence

WEB272N11

Complex Assets in Family Law Property Settlements: Tax, Trusts, Companies and SMSFs

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

Single Session
Wednesday, 24 February 2027
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
Online 20261026 20270224

Online

Register
Register
On Demand 20261026 20270224

Post Seminar Recording

Register
Register
dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}

dddd 60097930816 - 60097930816 - {has_more=false, offset=0, total=0, results=[]}