Advanced Family Law Financial Property Settlements

Bringing together the issues that constantly challenge you plus the best of the best to guide you through those issues. You’ll spend the morning identifying and dealing with the financial assets, including third party property, complex issue of assets overseas, equitable trusts and other financial resources. Then take a practical look at valuations of complex businesses in family law proceedings, the Forum and how to avoid allegations of undue influence in a BFA.

Thursday, 22 June 2023
3.00pm to 4.00pm Either Here or There: Case Studies on Forum non Conveniens

 

  • What is forum non conveniens
  • How and when might it arise in Australian family law litigation
  • Relevant case law examples

Presented by Paul Livingstone, Barrister, Frederick Jordan Chambers

2.00pm to 3.00pm A Practical look at Valuations of Complex Businesses in Family Law Proceedings

 

  • Key considerations in determining maintainable earnings and the earnings multiple
  • Impact of Shareholder Agreements on valuations
  • Issues arising in large family groups

Presented by Kimberley Thomas-Cook, Director, Delbridge Forensic Accounting

9.00am to 10.00am Third Party Property Issues and S106B Family Law Act

 

  • Dealing with third party property: recent cases
  • Circumstances in which the court can set aside transactions or make orders under s106B and test to prove
  • Where applications can often fail 

Presented by Neil Jackson, Barrister, Frederick Jordan Chambers

Session 1: Identifying the Financial Assets

Chair: Tom Reeve, Partner, Family Law Department, Marsdens Law Group; Accredited Specialist in Family Law

10.00am to 11.00am How to Deal with International Property

 

Dealing with overseas property as a component of financial property settlements can prove to be a complex and demanding task. In this informative session you will delve into how to consider international assets in property distribution and the potential traps to avoid.
Presented by Barry Frakes, Principal Lawyer, Watts McCray; Accredited Specialist in Family Law

4.15pm to 5.15pm Applications to Set Aside BFA and How to Avoid Allegations of Undue Influence

 

  • Basis of the application
  • Practical steps to mitigate the allegation of undue influence

Presented by Malcolm Gittoes-Caesar, Consultant, Lander & Rogers; Accredited Specialist in Family Law

Session 2: Valuations of Complex Entities, Forum non Conveniens, BFA’s and Undue Influence

Chair: Diana Perla, Principal, Diana Perla & Associates; Accredited Specialist in Family Law

Adrian Maroya
11.15am to 12.15pm The Interrelation of Equitable Trusts and Family Law Property Cases

 

  • Equitable trusts including resulting and constructive trusts
  • Marriage and de facto cause of action
  • Relevant relief in Family Court and state courts

Presented by Adrian Maroya, Barrister, Ninth Floor Selborne Chambers

12.15pm to 1.15pm Financial Resources: How They’re Dealt with by the FCFCOA

 

  • Is it a resource or is it an asset?
  • Valuation of resources
  • The danger of double counting: some common problems
  • ‘Negative’ resources

Presented by Elizabeth Rusiti, Barrister, Queen's Square Chambers
Paper written by Roger Harper, Barrister, Culwulla Chambers

11.00am to 11.15am Morning Tea
Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

4.00pm to 4.15pm Afternoon Tea

Presenters


Mr. Tom Reeve, Partner, Family Law Department, Marsdens Law Group
Tom Reeve is the Partner in Charge of Family Law and Immigration and is based at our Liverpool and Sydney offices. Tom joined Marsdens as a Law Clerk and worked initially in our Commercial Department. After graduating as a solicitor, he moved into Family Law and took over the management of that Department. Tom has many years' experience as an Accredited Specialist Family Law solicitor and as such is now considered an expert in this field. He had been involved in all stages of the process and in addition manages a large team of family lawyers with varying case profiles. Tom is also an accredited specialist in Advocacy and has used those skills to conduct matters at all levels in the family law process. Tom has an Honours Degree in English Literature and a Masters Degree in Law. He is a qualified Migration Agent. Tom is actively involved in his local community, he is on the Board of Share Care and is closely involved with various community organisations and projects through his work in Family Law and Migration. Tom is also a Member of the Liverpool Chamber of Commerce and the Spirit Chapter of BNI at Liverpool. Tom is married with two children and enjoys skiing, competition squash and endurance running.


Ms. Elizabeth Rusiti, Barrister, Queen's Square Chambers
Elizabeth Rusiti was a solicitor for 20 years before coming to the Bar. During the first half of her career, she worked for a mid-tier Sydney firm in commercial litigation, specialising in admiralty, shipping and international trade disputes. Subsequently, Elizabeth gained considerable experience at boutique family law firms, developing a reputation as a senior practitioner in that field, representing clients in all aspects of family law disputes. Her focus in family law matters is on assisting clients to resolve their disputes, wherever possible. After a break from legal practice, Elizabeth came to the Bar in 2020. During her first few years at the Bar, as well as accepting Briefs in family law matters and contract disputes, Elizabeth has been junior Counsel in Supreme and Federal Court disputes between customers and their banks, as well as in recent Supreme Court proceedings challenging the validity of the NSW Public Health Orders.


Ms. Diana Perla, Principal, Diana Perla & Associates
After graduating with a BA and an LLB at the University of Sydney in 1982, Diana Perla was admitted to the Supreme Court of NSW and admitted to the Israeli Bar in 1985. She speaks English, Hebrew (Ivrit) and Yiddish. Diana has been an accredited specialist in Family Law since 1994. In 2019, Diana attained qualification as a Notary Public. Diana is highly qualified and experienced in many areas of family law, including, complex financial matters, parenting matters and same-sex couple parenting matters. She also represents clients in the Supreme Court in relation to family provision claims. Diana has been involved with the Eastern Suburbs Family Law Group for many years as an active member and as Chairperson. She is also frequently called upon to present papers at Family Law Seminars to provide continuing education lectures to other lawyers.


Mr. Neil Jackson, Barrister, Frederick Jordan Chambers
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. Barry Frakes, Principal Lawyer, Watts McCray
Barry Frakes has practised in Family Law since 1985. After eight years private practice as a solicitor/advocate in Family Law and Criminal Law, he was recruited to the Family Court at Parramatta as a Deputy Registrar/Mediator in 1993. He became Senior Deputy Registrar in 1998. In the area of Family Law, Barry is an Accredited Specialist and also an Accredited Mediator and Arbitrator. He is considered one of the most experienced Mediators in Family Law in Australia today. Barry is also a Fellow of the International Academy of Matrimonial Lawyers. Prior to joining Watts McCray, he presented the Family Court's mediation training program for Counsellors and Registrars. Barry's experience covers litigation practice in the Family Court and NSW Local, District and Supreme Courts.


Mr. Adrian Maroya, Barrister, Ninth Floor Selborne Chambers
Adrian Maroya is a barrister practising at Ninth Floor Selborne Chambers, Sydney. He is a graduate of the University of Sydney with Honours in Arts and Law. He has appeared in cases covering most areas of civil practice, and has particular interests in the area of commercial law, equity, property, professional negligence, trade practices and contracts of employment.


Mr. Roger Harper, Barrister, Culwulla Chambers
Roger Harper was admitted to the Bar in 2002. He was formerly employed as a solicitor in a general practice in Western Sydney. Between 1996 and 2002, he worked for the Legal Aid Commission of NSW; predominately in the Family Litigation section specialising in the representation of children. In 1999 I was accredited as a specialist in Family Law. He practices primarily in Family Law including property, private and public law children's and appellate work and over the past ten years my practice has shifted substantially to appearances and advice in complex financial matters. He is the contributing author to the Family Law enforcement chapter [205-7465]-, [205-7635] of Halsbury's Laws of Australia and the contributing headnote author to Family Law Reports (LexisNexis Australia).


Ms. Kimberley Thomas-Cook, Director, Delbridge Forensic Accounting
Kimberley Thomas-Cook is a Director of Delbridge Forensic Accounting, is a member of Chartered Accountants Australia and New Zealand, and is recognised as a CA Forensic Specialist and Business Valuations Specialist. Delbridge Forensic Accounting is a Newcastle based practice originally established by Suzanne Delbridge that completes work all over Australia, primarily for the purpose of litigation, with a particular interest in the Family Law jurisdiction. Kimberley is responsible for the preparation of reports in a wide range of matters including the valuation of equity and businesses of all sizes, the investigation of transactions and quantification of losses.


Mr. Paul Livingstone, Barrister, Frederick Jordan Chambers
Paul’s primary area of practice is family law. He also possesses specialist expertise in complex financial disputes, succession and family provision matters, matrimonial property disputes, and matters concerning child welfare and adoption. Paul is also a registered and accredited Arbitrator for Family Law Property matters. The depth of Paul’s practice within these areas extends to appearing in complicated areas, including child gender reassignment, and in leading cases on the international relocation and abduction of children. His High Court practice has included a parenting dispute regarding changing a child’s name and another concerning the constitutional power of the Commonwealth to make laws in relation to the treatment of third parties to a marriage. Other jurisdictions in which Paul regularly appears includes the Family Court of Australia, Full Court of the Family Court and the Federal Circuit Court. His expansive practice also sees him appearing interstate, with regular appearances in the Northern Territory. In addition to his family law practice, Paul frequently appears in the Succession Act / Family Provision Act List. He is familiar with the law and practice in this area and has appeared for both plaintiffs as well as defendants, including major charities. Paul offers a ‘holistic’ service and provides significant support to his instructing solicitors throughout the entire litigation process; from drafting applications, to assisting with collating evidence and drafting affidavits. With considerable experience in mediations, Paul also works hard to reach the most favourable outcomes for his clients. Prior to being called to the Bar, Paul practised as a solicitor at specialist family law firm and was Associate to Judge Bell of the District Court of New South Wales. He holds a Master of Laws from the University of Sydney, a Bachelor of Laws from the University of New South Wales and a Bachelor of Arts from the Australian National University. He was previously a contributing author of the CCH De Facto Relationships loose-leaf service and has delivered various academic papers to the North Shore Family Lawyers Group and at various professional conferences.


Mr. Malcolm Gittoes-Caesar, Consultant, Lander & Rogers
Malcolm is an accredited family law specialist who has practised as a lawyer for 23 years, and solely in the family law jurisdiction since 2003. Malcolm is a consultant in our national Family & Relationship Law team, and brings a breadth of knowledge to all areas of family law, with a particular focus on high-net-worth property matters, complex parenting and advocacy. Malcolm has assisted clients across a broad spectrum of matrimonial and de facto family law disputes, most notably in complex and high value financial settlements and litigation; complex parenting matters involving significant risk issues, family violence and protracted and difficult litigation; drafting Binding Financial Agreements, particularly those entered into by parties at the outset of their relationship, and providing advice on asset protection and appearing in court as Solicitor Advocate in both interim and final hearings. Malcolm prides himself on being a clear communicator and adviser always taking a realistic and pragmatic approach. Where possible, Malcolm is focused on resolving matters without the need for court proceedings, however his experience in advocacy positions him as a market leader in matters involving court disputes. Malcolm was named the Lawyers Weekly Family Law Partner of the Year in 2019 and again in 2020. He was also named Lawyers Weekly Wellness Advocate of the Year in 2020. Malcolm is recognised by the Doyle's Guide as a Recommended Family & Divorce Lawyer and Recommended Parenting and Children's Matters Lawyer.

236N19

Advanced Family Law Financial Property Settlements

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All Sessions
Thursday, 22 June 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 22 June 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 22 June 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Cliftons - Margaret Street

Level 13, 60 Margaret Street, Sydney 2000

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates