Acting in Complex Family Property Matters – Recorded Online Conference

20 September 2018

Duration: approx. 3 hours

Our annual 2-day family law conference is highly regarded amongst the professional development events we run, but we realise that not everyone can spare two days out of the office. So we’re offering you a new way to access the experts online – a half-day online conference, focused on complex property matters in family law.

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

Ian Kennedy AM, Senior Partner, Kennedy Partners, Melbourne

Session 1: Assessing Interests and Contributions in Family Law Cases – How Does it All Add Up?

Assessing contributions in a relationship is tricky, particularly with the rise of modern relationships involving two working parties, no shared financials and no children. Gone are the days of the 70/30 split. This session offers an insight into the factors which are considered by the Court in this ever-shifting landscape. It covers:

• The rise of new family dynamics – challenging assumptions and expectations involving contributions
• Assessing interests – identifying and valuing the asset pool
• Assessing contributions:
  • financial
  • non- financial
  • welfare and homemaking
• Special contributions – what is the current status?
• Relevance of timing of contributions and the erosion principle
• What is the position with inheritances?
• Windfall gains towards the end of the relationship – how will they be treated?
• Recent cases: Wallis v Manning (2017) FLC 93-759

Session 2: Bullet-proof Financial Agreements – Rare as Hen’s Teeth? Looking at Financial Agreements after Thorne v Kennedy

Not all financial agreements are drafted equally. While a completely challenge-proof financial agreement is the stuff of urban legend, there are things you can do to increase their effectiveness. Understanding the fundamentals that are required is key.

This session examines the level of disclosure that is required and the Courts’ current thinking with financial agreements. It covers:

• What needs to go into a financial agreement to make it valid?
• Duress, undue influence, unconscionability and Thorne v Kennedy
• Disclosure issues
• Power of the court to declare financial agreements binding
• Dealing with hybrid agreements
• Contract law and financial agreements – how do they interact?
• Equitable and common law right to performance of contract
• Interpretation of financial agreements – uncertainty and incompleteness
• Material change in circumstances in relation to children

Session 3: The Corporations Act and Family Law

This session looks at the ways corporations law and family law intersects. We will consider the powers that the Family Court has under the Corporations Act and how those powers may be exercised in property settlement proceedings. We will cover:

• Corporate structures and the impact on property matters
• Relevance of agreements (partnership, shareholder and unit holder agreements) and what weight the court will give them
• Strategies for dealing with directors in high conflict
• What are the court’s powers over corporations? Restraining orders, compulsion powers to transfer assets, remedies and disclosure
• Third parties and property proceedings
• Case study: Family farm trading insolvent as parties fail to reach agreement