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Complex Property Matters in Family Law Masterclass e-book

Factoring Uncertain Times in Family Law Property Valuations The flow-on effect of COVID-19 continues, and the future of the virus, both as a public health and economic issue, is unpredicta

Date

23-02-2022

About the eBook

  • Factoring Uncertain Times in Family Law Property Valuations
    • The flow-on effect of COVID-19 continues, and the future of the virus, both as a public health and economic issue, is unpredictable. This session will provide a guide to what practitioners need to consider when advising their clients, and how courts are reacting, to re-valuation of businesses, properties and other economic considerations in family law property assessments.
  • Initial Contributions and Income in Property Assessments
    • The biggest cause of litigation in family law arises from disputes over contributions. This session will examine two types of contribution that courts regularly need to consider when deciding on entitlement and recent decisions.
  • Identifying Complex Assets in Property Settlements
    • As the High Court made clear in Stamford, an essential part of any family property matter is to identify the legal and equitable interests of the parties in any property. However, determining the size of the asset pool can be difficult, particularly where parties have interests in complex company and trust arrangements.
  • Binding the Financial Agreement
    • In a post Thorne v Kennedy landscape, clients may be wondering whether a financial agreement can be truly binding. While a completely watertight financial agreement may be a pipe dream, there are things you can do to increase their effectiveness. This session examines the Court’s current approach with financial agreements and how you can draft a financial agreement that sticks.
  • Third Parties in Property Settlements: Invited Guests and Gatecrashers
    • Third-party involvement in property settlement matters is becoming increasingly common, with complex family financial structures leading to more litigation involving third parties such as trusts, companies and creditors. This session looks at practical and procedural issues with the joining or intervention of third parties.
  • Unrealised Tax Liabilities and the Family Court
    • The Family Court often ignores unrealised capital gains tax and other tax liabilities. But does this approach result in a just and equitable outcome for the parties? Why should one party receive tax free assets and the other party receive assets with future tax liabilities that have not been taken into account? This session examines looks at how the Family Court’s views on tax liabilities have evolved and considers the arguments you can raise to assist with obtaining a just and equitable outcome for your clients.

The Faculty

Neil Jackson, Barrister, Frederick Jordon Chambers, Sydney

Antonella Sanderson, Principal Solicitor/Director, Family Law Matters, Sydney

Carly Middleton, Partner, Barkus Doolan Family Lawyers, Sydney

Malcolm Gittoes-Caesar, Principal Lawyer, Coleman Greig Lawyers, Sydney, NSW

Collette McFawn, Partner, Lander Rogers, Sydney

Nick Gaudion, Director, Cutcher Neale, Sydney

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Officer, Natasha De Paola on (03) 8601 7721 or email: [email protected]

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