Family Law in WA: Super, Tax and the Amendment Bill

Don't miss getting the heads up on the Family Law Amendment Bill 2023 from this key line up of speakers. Plus, gain a refresher from a tax expert on identifying key tax issues in Family law settlements to watch out so nothing gets missed. Also, get an all-important super update from the perspective of a superannuation expert on some common mistakes made by family lawyers and what you need to consider before advising your clients. 2311W08
Wednesday, 15 November 2023
4.15pm to 5.15pm Tax Issues for Family Law Settlements – What’s New and What’s the Same?
  • Disclaimers after the High Court decision in FCT v Carter
  • Division 7A: How to not fall foul
  • Trusts: what needs to be on your checklist
  • Other tips and traps when drafting property orders
  • Practical examples to bring the theory to life

Presented by Daniel Taborsky, Managing Director and Shivani Jethwa , Associate Director, Birchstone Tax Law

Professional Skills
3.00pm to 4.00pm Superannuation Update - What do Family Lawyers Need to Consider

Presented by Louise Sarracini, Senior Manager, Grant Thornton

2.00pm to 3.00pm Family Law Amendment Bill 2023 – What does it mean for Practitioners? – Panel Discussion

John Hedges SC, Francis Burt Chambers

Elizabeth Needham, Barrister, Francis Burt Chambers

Nicola Jansen, Consultant, O’Sullivan Davies Family Lawyers; Vice-President of FLPA(WA)

Chair

Catherine Leach, CEO, Leach Legal

4.00pm to 4.15pm Afternoon Tea
Description

Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills

This program is based on WA legislation

Presenters


Mr Daniel Taborsky, Director,
Daniel Taborsky, CTA, is a director of Birchstone Tax law specialising in resolving tax disputes for high net worth individuals and private groups. Daniel advises on complex tax matters (with a particular interest in Division 7A), asset protection and estate/succession planning strategies and philanthropic ventures. Daniel works closely with family lawyers in complex financial matters. Daniel also advises not-for-profit entities, including charities, on structuring and tax issues.


Ms. Shivani Jethwa, Associate Director,
Shivani is an Associate Director at Birchstone Tax Law. She specialises in providing advice in relation to complex tax matters, trust law issues and implementing effective tax and commercial strategies for succession planning and asset protection purposes. Shivani has experience in advising high net wealth individuals and private corporate groups across a broad range of tax issues. Shivani holds a Bachelor of Law and Bachelor of Commerce from the University of Western Australia, and was recognised as a Rising Tax Star lawyer in the Doyle’s Guide in 2020 and a recommended lawyer in the Doyle's Guide list of Leading Tax Lawyers in WA for 2022 and 2023.


Ms. Catherine Leach, CEO, Leach Legal
Catherine Leach is a Lawyer and the CEO of Leach Legal, a national Family Law firm. She commenced her Articled Clerkship in 1989 and was admitted to practice in 1996. Under the mentorship of the Honourable Peter Dowding S.C., she developed her skills in complex Family Law cases and in 1998, she became a partner of DCH Legal Group, later co-founding Maughan & Leach and eventually commencing Leach Legal in March 2004. Catherine completed her Masters in Family Law in 2012 and later lectured for the College of Law. She has trained as a collaborative lawyer, mediator and arbitrator and has been a long standing advocate of ADR. She has been a leader in technology and law, including being the first lawyer in WA to undertake a witness video link during a Family Court trial. Catherine is a member of the global Entrepreneur’s Organization, currently serving as the Regional Governance Director for the Asia Pacific Region and as a member of the EO Global Governance Committee which oversees governance for its 18,000 members in 76 countries. She is also a member of LawAustralasia and Business women Australia and is the Deputy Chair for the Family Law Section National Conference in Perth in 2024. Catherine is a regular commentator on national television, radio, and in print media, providing perspective on matrimonial and Family Law matters and leadership and business and is passionate about implementing innovation and technology in law.


Nicola Jansen, Consultant, O’Sullivan Davies Family Lawyers
Nicola was admitted as a lawyer in 2011 and has practised family law exclusively ever since. In 2017, Nicola completed Family Law Accreditation exams making her one of only approximately 50 practitioners in Western Australia recognised by the Law Societies of all States as having specialist knowledge in family law. Further, Nicola has armed herself with a breadth and depth of knowledge required to be a good family lawyer, including aspects of commercial law, banking and finance (both personal and commercial), accounting and some tax, as well as non-legal knowledge involving social science and psychology. For Nicola, working to resolve disputes is a very satisfying problem-solving mission where the end result is helping someone who may not have been able to reach a resolution otherwise. According to her clients, two of Nicola’s most valuable skills are communication and her straight-shooting advice. She considers that her primary function is to resolve a matter in favourable terms and ethically, while minimising costs and stress for her clients. She achieves this by clearly identifying options and making recommendations based on likely Court outcomes along with other considerations, and having a clear plan from the outset. Nicola regularly appears in the Family Court and has experience in all aspects of family law including divorce, simple and complex property settlements, child support and parenting disputes. She is the current Treasurer of the Family Law Practitioners Association, a member of the Law Society’s ethics committee. Motivated to continue to grow as a lawyer, Nicola keeps her knowledge up to date and prides herself on providing impeccable service to her clients. Her thirst for knowledge extends outside the office too. Nicola in an avid reader, enjoys renovation and home improvement and well as travelling to new places. In her spare time, Nicola adores spending time with her pet chickens, Petunia (a retired layer and going a blind) and Clarabelle (the guide chicken).


Mr. John Hedges SC, Francis Burt Chambers
John Hedges graduated from the University of Western Australia with law degrees in 1980 and was admitted to practise in Western Australia in 1981. He was articled and then employed at Talbot & Olivier until 1982, after which he joined the Aboriginal Legal Service of Western Australia until 1985. In 1987 John travelled to the United Kingdom where he was admitted and worked in the area of commercial litigation. He then returned to Perth where he worked at Dwyer Durack in the areas of family law and crime until 1988. He moved to Sydney in 1988 and practised in the areas of equity and family law until he was called to the Bar in Sydney in 1992. John then returned to Perth and has practised as a barrister at Francis Burt Chambers since 1993, primarily in the area of family law. He has also acted as a prosecutor for the Director of Public Prosecutions for Western Australia. He has been the Convenor of the Professional Standards Committee for the Anglican Archbishop's Panel of Advice on Complaints Against Clergy and Church Workers since 1999. He was a member of the Professional Standards Committee for the Medical Board of Western Australia from 2006 to 2008 and served as a Councillor on the city of Fremantle between 1993 and 1997. John's recreational activities include cycling, trekking, art and classical music.


Ms. Elizabeth Needham, Barrister, Francis Burt Chambers
The studies Elizabeth has undertaken include music at Elder Conservatorium (Adelaide), psychology and law with her Masters considering the intersection between criminal law and human rights. Elizabeth elected to join the Independent Bar in 2007, and is at Francis Burt Chambers practicing in Family law, Child protection, Criminal law, Human Rights and Administrative law. Originally admitted to practice is South Australia in 1993 after working as Associate to Justices Prior and Zelling in the Supreme Court of South Australia, Elizabeth moved to Perth to work in human rights. Whilst at Sussex Street Community Legal Centre Inc, Elizabeth appeared as counsel in many successful human rights cases including Taking on government to provide inclusive and appropriate education for children with disabilities; and representative actions resulting in the accessible buses in Perth and against Telstra to provide TTY (Telephone Typewriters) for people who are deaf Australia wide From 1999 to 2003 Elizabeth was the Director of Prosecution and Legal Services at the Department of Consumer and Employment Protection and in that role undertook the more complex counsel work including appeals, criminal matters and civil litigation, as well as many administrative law matters. Between 2003 and 2007 Elizabeth Needham worked as a Principal Legal Officer at the Commonwealth Director of Public Prosecutions, having carriage of, and appearing in the prosecution of, complex frauds, commercial matters (including international money laundering) and appeals. Elizabeth’s connection with Family Law prior to coming to the Bar was with her initial placement in South Australia that involved criminal and family law at the Legal Service Commission and then whilst working with Legal Aid in WA as both a volunteer and later in a consulting capacity. In particular Elizabeth dealt with family matters as part of the mental health pilot project she helped to run that resulted in the funding of what is now the Mental Health Law Service as well as worked on de facto matters in general. Elizabeth has also taught family law, administrative law, criminal law and evidence in the Legal Studies (for para-legals) and Law degrees at Edith Cowan University. As President of the Law Society of WA 2015 and 2016 and a director of Law Council Australia in 2015 - 2017, Elizabeth undertook many discussions about laws, the policies underpinning them and their implementation with both State and Federal politicians. Elizabeth also oversaw the preparation by the Law Society of over 50 position papers about current issues in the law that were then made available to the public. In her role as President of Women Lawyers WA in 2009 and 2010, Elizabeth sought to ensure that women in the legal profession were properly recognized. As a dual national, Elizabeth has been a member of Humanists UK as well as an individual member of Humanists International. In 2014 Elizabeth was the Australian delegate to the General Assembly for the IHEU and subsequently worked with them in reworking their many individual policies into a single, workable policy document.

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Family Law in WA: Super, Tax and the Amendment Bill

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