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.

Session 1: The Role of Kennon in Property Settlements: Is it Time to Move On? 

It is rare these days to run a Kennon argument. The evidence required coupled with the further trauma experienced by the victim-survivor giving that evidence does not usually outweigh the minimal adjustment which may be ordered if the Court accepted a Kennon argument. This raises the question of whether a new approach is required to ensure that the impact of family violence on a parties’ property settlement is just. This session will examine:

• What is required to successfully run a Kennon argument and practical issues practitioners and clients face when attempting to run Kennon arguments
• Alternative options for family violence to be taken into account by family law courts in property settlement matters and the advantages and disadvantages of each option
• Legal remedies which may exist outside the Family Law Act (e.g. tortious claim for damages) and how such claims may affect and be dealt with as part of a family law property settlement

Session 2: Ink on the Wedding Dress: Duress and other Ticking Time Bombs in Financial Agreements

Financial agreements are often drafted, signed and tucked away in the bottom drawer with the hope that they will never be looked at again. Yet, at the time when they are most needed, ticking time bombs can destroy any reliance placed upon them. This session will examine the make or break aspects of financial agreements and relevant cases, including:

• Section 90K of the Family Law Act
• Obtaining independent and sound legal advice: Adame & Adame [2014] FCCA 42; Renard v Geach [2015] FCCA 617
• Compliance with the technical requirements of the Act: Black & Black [2008] Fam CAFC 7; Abrum & Abrum [2013] Fam CA 897; Grant & Grant-Lovett [2010] FMCA Fam 162
• Compliance with subject matter requirements: Bloomfield & Grainger [2018] Fam CA 36
• The consequences of fraud and failure to disclose:  Nyles & Nyles [2011] Fam CA 565; Acker & Acker [2014] Fam CA 891
• The impact of undue influence and unconscionable conduct: Thorne v Kennedy [2017] HCA 49;Teh v Muir [2017] Fam CA 138; Gongsun & Paling [2020] Fam CAFC 244
• Duress: Blackmore & Webber [2009] FMCA Fam 154
• Essential considerations when drafting financial agreements

Session 3: Mind the Tax on the Way Out: Tax and Family Law

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

Monica Blizzard, Director & Accredited Family Law Specialist, KHQ Lawyers, Melbourne, Vic (Chair)

Will Stidston, Principal & Accredited Family Law Specialist, Barry Nilsson Lawyers, Melbourne, Vic

Jacky Campbell, Partner & Accredited Family Law Specialist, Forte Family Lawyers, Melbourne, Vic

Adrian Stone, Principal & Accredited Family Law Specialist, Gold Stone Family Lawyers, Melbourne, Vic

• 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.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 3 CPD units/points (substantive law).

If you register and pay by 14 April 2023 you will pay only $385 – a saving of $165 off the full price conference registration fee of $550.