Breaking Up the Assets in Property Settlements: Family Law Masterclass e-book

The role of family lawyers is both challenging and pivotal, as they assist families in navigating through profoundly emotional and challenging situations. From contentious property settlements to disputes over parental arrangements and financial support, family lawyers must deftly navigate the delicate intricacies of family dynamics while advocating for their clients' best interests.

TEN The Education Network is proud to present this family law masterclass, which examines the key challenges facing family lawyers today. Sessions include assessing initial contributions over time, defending equitable claims in property law disputes, as well as managing valuation issues in a volatile market. It also includes a deep dive into the significant parenting reforms that are on the horizon, along with navigating contravention applications in the FCFCOA.

• Session 1:  Untying the Knot: Validity and Enforcement of Financial Agreements - Financial agreements play a pivotal role in determining the division of assets and financial responsibilities between parties, offering a degree of certainty and security. However, their validity and enforceability may be subject to attack if certain legal requirements are not met. This session explores various strategies for challenging the validity of financial agreements, as well as essential drafting techniques to enhance their enforceability and safeguard the interests of parties involved.
   
• Session 2: Trusts in Family Law – A Trustee's Perspective - Trusts are relatively common in property settlement proceedings. But should you approach the matter differently when you are acting for the Trustee? This session focuses on the strategic and practical implications of running a property settlement case involving a third-party trust from the perspective of acting for the trustee
   
• Session 3:  Defences to Equitable Claims in Family Property Disputes: Time for the Strategy - In a post Thorne v Kennedy landscape, equity can often be seen by an aggrieved party as a way in which to ensure ‘fairness’ prevails in property settlement matters. The equitable doctrine has underpinned property settlement matters and can be pivotal to the alteration of property interests in family law. This session focuses on what happens when the other side is seeking an equitable claim in a family law property settlement. What defences are available and how are these best run?
   
• Session 4: From Erosion to Springboards: The Assessment of Initial Contributions Over Time - The approach of the Court to the assessment of initial contributions and the weight that ought to be properly placed on initial contributions at trial has changed over time. From early arguments of erosion to later discussion of springboards – the language employed when discussing how the Court should assess initial contributions is vital, as use of an incorrect term could arguably lead the court into error.
   
• Session 5:  The Role of Digital Assets in Property Settlements - It was unlikely to have been in contemplation at the time the Family Law Act was drafted that it would one day need to deal with cryptocurrency, non-fungible tokens and other digital assets. It is now estimated that approximately five million Australians own cryptocurrency, with that number on the rise. Digital assets are therefore not only here to stay but will become more common in family law over the next few decades. This session will help family lawyers understand and navigate digital assets during property settlements.
   
• Session 6:  When the Price is not Right: Managing Valuation Issues in a Volatile Market - The stress of family law property settlement litigation can bring out the worst in parties at the best of times, let alone when the economic climate is uncertain. This often leads to disputes about the value of assets and how declining value should be treated by the courts and addressed in final property settlement orders.