Complex Property & Financial Challenges in Family Law – a series of 5 one-hour video webinars

Webinar Series,Family Law,Complex Property & Financial Challenges in Family Law – a series of 5 one-hour video webinars
5 program video webinar series - available ow
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 ABOUT THE SERIES
 

Financial and property settlements can be anything but straightforward. Complexities can arise, particularly when carving up sophisticated corporate and trust structures. With the Family Court’s approach constantly evolving, it pays to be ahead of the curve.
 

This five part video webinar series, suitable for experienced practitioners, examines the key financial and property challenges in family law. Areas covered include: identifying complex assets in property settlements, spousal maintenance post Blevins v Blevins, and drafting watertight financial agreements that withstand the test of time.  In addition, the series also covers how to enforce court property orders when parties don’t comply, as well as the strategic use of summary dismissal applications.
 

This video webinar series includes the following components:

  • Online access to the 5 one hour video webinar programs

  • The 5 programs were recorded in late March 2020 and are available for immediate viewingh

  • Online access to the technical support papers and/or powerpoint presentations accompanying each program

THE PROGRAMS

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. This session covers:

  • Court consideration of equitable interests in property

  • Alter egos and other controlling interests in trusts and companies: Sham trusts

  • Identifying business interests – either owned personally, or through any form of corporate entity, trust or partnership structure

  • Digital assets


Making Dollars and Sense out of Spousal Maintenance

The recent case of Blevins has struck fear in the hearts of many clients, and highlights a party’s ability to bring a further application for spousal maintenance some 20 years after separation. This session examines in the ins and outs of spousal maintenance, lessons from recent cases, and what practitioners should be doing now to help provide certainty to clients. It covers:

  • Types of spousal maintenance agreements – interim, urgent or part of the settlement

  • When is a party entitled to spousal maintenance?

  • Adjusting for disparities between income or earning capacities of the parties

  • Final spousal maintenance orders – are they ever truly final?

  • Is it possible to have a third bite of the cherry on spousal maintenance matters?

  • Out of time applications for spousal maintenance

  • Case update, including Blevins v Blevins [2019] FCCA 1923


Binding Financial Agreements: Drafting with the End in Mind

The reality is that, for some clients, happily ever after will involve the parties going their separate ways. When relationship breakdown occurs, how watertight will your financial agreement be? This session takes a practical look at some of the risky clauses in a binding financial agreement that may render them non-binding and lessons from recent cases. It includes:

  • When are BFAs appropriate? When should they be avoided?

  • Key drafting tips and traps

  • Can you quarantine assets?

  • Risk factors in BFAs

  • Mistakes – when is court rectification possible?

  • Section 90G, evidentiary value of the Statement of Advice and the shifting onus

  • Negligence claims and accrued jurisdiction

  • How to protect oneself as a practitioner if there is scant disclosure and the client insists on doing the deal anyway

  • Lessons from recent cases


Enforcing Court Property Orders

When a party breaches a property order, whether on an interim or final basis, the other party has a range of options available. Which route a party should take depends on the circumstances and the nature of the breach. This session examines the multitude of strategic and procedural requirements involved in enforcing family court orders, including:

  • Filing an Application in a Case to vary the order

  • Filing a Contravention Application

  • Initiating mediation to reach agreement

  • What does the Court consider to be a “reasonable excuse”?

  • Cost orders and penalties

  • Case study: Failure to sell property by a party subject to a property order


Gaining Ground with Summary Dismissal

With court delays worsening by the day, dealing quickly to avoid vexatious, frivolous or ill-conceived actions should be the goal of every family law practitioner. This session looks at how to effectively use summary dismissal applications, including:

  • Identifying frivolous or vexatious proceedings – s102Q – 102QG &118 FLA

  • Summary dismissal when case is ‘not reasonably arguable’

  • Making the application – key factors to consider

  • Key inclusions in affidavit in support of application

  • Summary dismissal versus bifurcation

  • Costs orders in summary dismissal applications

  • Lessons from recent cases

THE FACULTY

Damien Greer, Principal & Accredited Family Law Specialist, Damien Greer Lawyers, Brisbane

Melanie Wilson, Senior Associate Director & Accredited Family Law Specialist, Clancy & Triado, Melbourne

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

Rachell Davey, Special Counsel & Accredited Family Law Specialist, Lander & Rogers, Melbourne

Alison Ross, Partner & Accredited Family Law Specialist, HopgoodGanim, Brisbane

If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Team – contact Darren Steele on (03) 8601 7719 or email: darren@tved.net.au



© Television Education Network Pty Ltd 2020

Product Code: SCOMP20
 Price:  $1,210.00 (Inclusive of GST)