Property and financial disputes rarely run in a straight line. Practitioners are often faced with difficult strategic decisions — whether the court will make orders at all, how to deal with urgent interim issues, and how to navigate competing valuation evidence. This series examines these practical challenges and offers clear guidance on how family lawyers can approach complex financial matters with greater confidence.
Asset protection is a key concern for all business owners and entrepreneurs, and superannuation is frequently a substantial asset which needs to be managed. This session explores the impact of bankruptcy on a self-managed superannuation fund and provides tips and strategies for managing the risks associated with bankruptcy.
Featuring: Hein Preller, Superannuation Warehouse Australia, Mentone Vic.
[27.53 minutes] [0.45 CPD hours]
Andrew Verspaandonk interviews Carolyn Sparke, QC
18 May 2021
A group of individuals decide to carry on business together with a view to profit. What can possibly go wrong? Quite a lot, actually. This practical session examines the law of partnership and how advisers to partners can best navigate disputes when relationships sour. It covers:
The law of partnership through a ‘dispute lens’
Disputes involving ‘company partners’ – lessons from Chickabo Pty Ltd Ors v Zphere Pty Ltd Ors [2019] VSC 73
When will a Court dissolve a partnership?
Estate planning can be a risky business in the face of ever -changing legislation, changing family circumstances and economic pressures. What are the duties of practitioners in this area and how can you protect yourself from complaints and challenges from your clients, their family, beneficiaries and others affected by your advice? This session will look at recent cases in this area and provide some guidance on what steps to take to minimise your risks, including:
Money makes the world go round. For some families, this can often translate into challenges to the will and claims against the estate after the death of the testator. While it is too late to prevent litigation once it has commenced, there are many practical strategies estate planners can employ to prevent or reduce the risk of legal challenges and claims made against the estate after death. This practical session examines the following:
The provisions of the margin scheme are familiar to tax advisers and taxpayers in the property space. However, the practical application of the rules can lead to unexpected results, especially with the need to trace through historical transactions. This session provides a practical exploration of how the margin scheme operates and understanding the importance of tracing historical transactions, including:
The sale of a going concern still raises compliance issues. The transaction has to be considered from the supplier’s perspective. This session covers an essential compliance checklist for gaining the GST exemption, including:
It is unfortunate that in recent times allegations can be enough to impose a guilty finding on the alleged perpetrator, and the complainant is perceived as truthful and wronged. In the context of an employment complaint, employers need to take a step away from this mob mentality and ensure their investigations and actions accord with the law and good governance.
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2020. This is a national webinar and is suitable for property lawyers Australia wide.
Session 1: Ethics: Ethics in Communication – Giving Undertakings and Keeping Promises