Multi-Disciplinary Issues for Family Lawyers – a live lunchtime online conference

Online Conferences,Family Law,Multi-Disciplinary Issues for Family Lawyers – a live lunchtime online conference
Thursday 29th July 2021

Vic, NSW, ACT, Qld, Tas: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm
REGISTER NOW!
6 WEEKS
UNTIL THE EVENT
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 ABOUT THE ONLINE CONFERENCE

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login (except WA lawyers who must register individually if wishing to claim CPD).

 THE PROGRAM

Session 1: Unravelling Trusts for Family Lawyers

The increasing use of family trusts for distribution of income has had significant consequences, with the courts more regularly having to consider trusts in property settlements. This session will provide practitioners with guidance on key elements in family trust arrangements and the risks of improper behaviour by trustees and beneficiaries, including:

  • Basic trust principles and what to look for in the trust deed
  • What the financial statements and returns of the trust will tell you
  • Is it an asset or a financial resource? In what circumstances does the court have the power to deal with the trust assets
  • Who controls the trust assets?
  • Key issues in control including:
  • Distinguishing legal control and effective control
  • Sham trusts and mere puppets
  • De facto control
  • When can the court restrain a person from acting against the interests of a beneficiary?
  • What can be done when a trustee is not a party to the marriage but may lack independence?
  • Should the trustee be joined as a party to the dispute?
  • What is the ability of the court to make orders in relation to third parties?
  • Relevant cases and examples


Session 2: Mind the Tax on the Way Out: Tax and Family Law Settlements 

The increasing financial complexities of business and holding assets directly impacts family law settlements as parties seek to unravel their arrangements. This session will provide a clear guide to family lawyers on tax implications of property settlements, including:

  • Asset identification and potential impacts
  • Factoring in both immediate and longer-term implications
  • Capital gains tax obligations and exemptions – obtaining the best outcomes for your client
  • Party interests in trusts and companies – what tax considerations apply?
  • Options and consequences where one party has potential tax advantages
  • Avoiding resettlement consequences in trust amendments
  • Share and asset transfers in companies – determining best strategies
  • Factoring in Division 7A implications


Session 3: The Impact of Insolvency on the Asset Pool

After an unspeakable year, it is inevitable that some family law clients may be staring down the barrel of bankruptcy or insolvency. This session examines insolvency and its impact on property settlements, with a focus on the new insolvency reforms. It covers:

  • Property interests where one party is bankrupt:
    • Balancing the interests of the non-bankrupt spouse and creditors
    • What orders can be made in respect of property vested in the trustee?
    • Doctrine of exoneration
    • Treatment of loan accounts
  • Unpacking the new insolvency reforms to support small business:
    • The introduction of a new debt restructuring process for incorporated businesses with liabilities of less than $1 million
    • Moving from a one-size-fits-all “creditor in possession” model to a more flexible “debtor in possession” model
    • Development of restructuring plans – timeframes and requirements
    • A simplified liquidation pathway for small businesses to allow faster and lower cost liquidation
    • The practical implications of the reforms for family law property settlements
 THE FACULTY

Rebecca Dahl, Partner, Nicholes Family Law, Melbourne (Chair)

Malcolm Gittoes-Caesar, Principal, Coleman Greig Lawyers, Parramatta, NSW

Adrian Stone, Principal, Gold Stone Family Lawyers, Melbourne

Stephen Mullette, Principal, Matthews Folbigg Lawyers, Parramatta, NSW

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 FEEDBACK FROM PREVIOUS ONLINE CONFERENCES
  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.
CPD CERTIFICATE

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law).

EARLY BIRD REGISTRATION

If you register and pay by 16 July 2021 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: [email protected]



© Television Education Network Pty Ltd 2021

Product Code: OFLJUL21
 Price:   $495.00 (Inclusive of GST)