This presentation will look at the approach of the FCFCOA to cases involving the division of these items of property and how best to prepare your evidence (and draft orders) for that outcome. The extras which will be discussed include:
- Pets
- Engagement rings
- Frequent flyer/ reward points
- Family heirlooms and paintings
Presented by Kylie Sanders, Principal, Taussig Cherrie Fildes Family Lawyers
Presented by Peter Fary SC, Londsdale Chambers, Foley’s List
Chair: Monica Blizzard, Director, KHQ Lawyers; Accredited Specialist in Family Law
Chair: Monica Blizzard, Director, KHQ Lawyers; Accredited Specialist in Family Law
- SMSF and multi-member funds
- Life insurance in superannuation
- Defined Benefit Super Funds: DFRDB, MSBS, CSS, PSS
- Practical examples
Presented by Tricia Peters, Director, PetersMcKeown Financial Planners
- What did Bonnici actually say?
- When will asset-by-asset approaches be applied?
- Does the section 75(2) roundabout give you back what you lose on the section 79(4) swing?
Presented by Dr Richard Ingleby, Barrister, Patterson’s List, Adjunct Professor, School of Law, University of Western Australia
- In what circumstances could family provision claims be made during or post the settlement?
- What does the court consider when deciding on such claims
- Recent cases
Presented by Ines Kallweit, Principal Lawyer, KHQ Lawyers; Accredited Specialist in Wills & Estates
- Is it a gift or a loan?
- How does the Court deal with loans, does it have to be paid back, is it taken into account, is the loan enforceable, does the lender need to apply to the court to recover the loan?
- How does the Court take into account gifts to one or both the parties, does it matter when the gift was given, does it matter what the gift was or was used for?
- Cases where loans have been considered.
- If the loan is intended to be enforceable what does the lender and borrower need to do.
- How are loans treated in terms of wills and estate administration?
Presented by Peter Carew, Director, Carew Counsel Solicitors; Specialist in Family Law and Wills & Estate Planning
- Binding the right party / entity
- Dealing with beneficiary loans
- Indemnities, guarantees and debt forgiveness
- Taxation consequences
Presented by Jeff Stanley, Barrister, Holmes List of Barristers
- How have the Courts viewed how to treat unrealised tax liabilities and losses when assessing the value of the property pool
- Availability of potential tax concessions that may be available to mitigate against tax liabilities at separation
Presented by Josh Chye, Partner and Head of Tax, HLB Mann Judd
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Ms 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 surrogacy matters, having presented numerous seminars for Surrogacy Australia and Families Thru Surrogacy. Last year, Monica was awarded Family Law Partner of the Year by Lawyers Weekly and was also recognised by Doyles Guide as a leading parenting lawyer.
Jeffrey Stanley, Barrister, Holmes List of Barristers
Jeffrey Stanley practises exclusively in Family Law and its associated jurisdictions. Largely Jeff's practise is based in the Federal Circuit Court and Family Court of Australia appearing in interim and final hearings for parenting disputes and proceedings for adjustment of property interests. Jeff also has a practice that includes, written advice, Hague Convention matters and child support disputes. He has appeared in the Full Court of the Family Court on appeals in both the Sydney and Melbourne registries. Prior to coming to the bar Jeff was a senior associate and solicitor advocate on the Mornington Peninsula working on significant property cases and difficult parenting matters.
Ines Kallweit, Principal Solicitor & Notary Public, KHQ Lawyers
Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and Notary Public. She is also a member of the Society of Trust and Estates Practitioners. Ines advises clients in all areas of estate planning, estate administration and estate litigation. Ines’ practice ranges from estate planning, the preparation of Wills and powers of attorney to complex estate administration and estate litigation. Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters. Ines’ expertise includes succession planning and asset structuring, advice in relation to and preparation of powers of attorney, appointment of medical treatment decision makers and advanced care directives. She also looks after applications for grants of probate and letters of administration, guardianship & administration matters (including VCAT appearances), will and trust disputes, family provision claims (seeking further provision from deceased estates) and resealing international & interstate grants of probate. Her expertise also includes charitable gifts & cy-prés applications, and complex estate administration (including as court appointed administrator). Ines also has a keen interest in promoting legal education. She has a Master of Teaching and is a former adjunct lecturer at the College of Law. She speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is a native German speaker. Ines is widely regarded as one of the country’s leading practitioners in this area of law, and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for seven consecutive years (2015-2022).
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 surrogacy matters, having presented numerous seminars for Surrogacy Australia and Families Thru Surrogacy. Last year, Monica was awarded Family Law Partner of the Year by Lawyers Weekly and was also recognised by Doyles Guide as a leading parenting lawyer.
Ms. Kylie Sanders, Principal, Taussig Cherrie Fildes Family Lawyers
Kylie Sanders is an Accredited Family Law Specialist and has practised exclusively in the area of family law since her admission in 2009, including under the guidance of the late Michael Taussig QC. Kylie Sanders was admitted to practice in 2009 after completing her Legal Traineeship with Taussig Cherrie Fildes. Kylie was previously employed as a Legal Associate to the Honourable Justice Young and the Honourable Justice Cronin in the Family Court of Australia. During this time she gained considerable experience in researching and was exposed to all areas of family law. Kylie's personal understanding of the Courts complements her strong commercial skills, together with conducting litigation in both the Family and Federal Circuit Courts. Kylie's focus is on achieving the best results for clients, in a practical and understanding manner during what can be a difficult time. She has assisted clients to reach settlement out of court, but also guides her clients with expertise through the often complicated court processes. She has worked on many diverse matters, including an application for special leave to appeal to the High Court, and brings expertise in all areas from financial agreements, complex financial and property matters to parenting disputes. In 2014 she was selected by the Family Law Section of Australia to contribute to the Latest and Greatest, a roundup of significant family law cases from the last 12 months. Her work garnered much recognition from Judges and fellow colleagues. The paper was presented by the Honourable Chief Justice Bryant of the Family Court and Judge Altobelli of the Federal Circuit Court at the Melbourne Family Law Intensive. She is a member of the Family Law Sections of the Law Council of Australia and the Law Institute of Victoria.
Josh Chye, Partner and Head of Tax, 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).
Ms. Tricia Peters, Director, PetersMcKeown Financial Planners
Tricia Peters MBA MPAcc is a Certified Financial Planner (CFP), Mediator, Academic, Author and Collaborative Financial Professional. She is a Director of MELCA, an alternative dispute resolution centre for families, and Director of PetersMcKeown Financial Planning. Tricia works with people going through separation and divorce, assisting them with the many financial issues and decisions they face at this stressful time in their lives. Tricia is an expert in all technical aspects of financial planning and is known nationally for her expertise in superannuation splitting on marriage breakdown, consulting to family lawyers and providing expert evidence in court. She is a regular presenter at family law seminars and conferences. Tricia worked for 25 years as a university lecturer in the areas of financial planning, accountancy and business management in Australia and Asia. She co-authored the financial planning text book 'Personal Finance', writing a chapter on estate planning. She also co-authored 'Breaking Up Without Breaking Down', a book to help people through the maze of separation and divorce.
Peter Fary SC, Londsdale Chambers, Foley’s List
Peter Fary was admitted to practice in 1994 and signed the Bar Roll in 2001.Since signing the Bar Roll, Peter has practiced in insolvency and general commercial litigation. He appears regularly in appeals, trials and interlocutory proceedings in the Federal and Supreme Courts as well as other courts and tribunals. His clients include trustees in bankruptcy, company liquidators, administrators and receivers, companies and directors. Peter is also an experienced mediator having conducted over 500 mediations. Prior to signing the Bar Roll, Peter was a Deputy District Registrar of the Federal Court of Australia and a Registrar of the Federal Magistrates Court of Australia. In those capacities, Peter heard numerous bankruptcy and other applications. Before that Peter was an Associate with Gadens Lawyers (formerly J.M. Smith & Emmerton), where he worked from 1993 to 1998. Peter is a co-author of Bankruptcy Law and Practice (Butterworths) and a former co-author of the High Court and Federal Court Practice and Procedure (Butterworths) chapter on Bankruptcy.
Peter Carew, Director, Carew Counsel Solicitors
Peter Carew is the principal of Carew Counsel Solicitors having commenced the practise in 1979. Peter became Accredited as a specialist in Family Law in 1990 and recently retired after ten years from the Family Law Specialist Accreditation Committee of the Law Institute of Victoria. Peter has a degree in both Economics and Law from Monash University and is a graduate of the Leo Cussen Institute for continuing Legal Education. He is the current President of Kooyong Lawn Tennis Club and the immediate past President of Law Australasia a group of 19 law firms in Australia that share legal practise skills, management knowledge and information. Peter brings 38 years of legal practice to the table and has a keen ability to get to the nub of the problem and to find sensible and pragmatic solutions to the most complex issues. Peter works with and mentors the 14 family lawyers in his practise and actively promotes work life balance. Peter believes that all lawyers need to pursue excellence in every aspect of legal practise and that relationships with clients should be more of a partnership than a master servant relationship.
Dr Richard Ingleby, Barrister, Patterson’s List
Dr Richard Ingleby is a member of the Victorian Bar with a significant interstate practice. He specialises in appellate matters and complex financial cases. He holds the following degrees: D.Phil. October 1987, Wolfson College, Oxford; LL.M. June 1984, Trinity Hall, Cambridge; B.A. (Jurisprudence) June 1983, (M.A. 1987), University College, Oxford, He is currently an Honorary Fellow of the Law Faculty at University of Western Australia and has previously had academic or visiting appointments at the following institutions: North China University of Technology; Deakin University; The University of Melbourne; Centre for Socio-Legal Studies, Wolfson College, Oxford; Ohio State University; Manchester University He has written 3 books: In the Ball Park: Alternative Dispute Resolution and the Courts Australian Institute of Judicial Administration, Melbourne: 117pp (1991); Solicitors and Divorce Oxford University Press, Oxford: 200pp (1992); Family Law and Society Butterworths, Sydney: 420pp (1993) and co-written (with HUNTER, R., and JOHNSTONE, R.,) Thinking About Law: Perspectives on the History, Philosophy and Sociology of Law Allen and Unwin, Sydney: 254pp (1995), He has written or co-written 20 chapters in books and 41 journal articles., He is on the Editorial Board of the Australian Journal of Family Law and was the National Examiner for Family Law Specialization Accreditation in 2011 and 2013.