Dividing the Assets in Family Law Property Settlements – recorded online lunchtime conference

ration: Approximately 2.5 Hours

Hear from the experts at this online 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 and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Initial Contributions and Income in Property Assessments

The biggest cause of litigation in family law arises from disputes over contributions. This session will examine two types of contribution that courts regularly need to consider when deciding on entitlement and recent decisions, including:

• Initial contributions:
  • determining the nature and value of assets brought to a relationship
  • assessing changes in value and other significant impacts
  • how the courts have calculated initial contributions:
    • Jabour Jabour [2019] FamCAFC 78; Hobson Hobson [2020] Fam CAFC 251
    • Horrigan Horrigan [2020] Fam CAFC 25
• Income:
  • how have courts traditionally dealt with high income earning capacity by one party?
  • has there been a trend away from treating high income as a normal contribution issue to a special contribution issue?
  • Walters v Carson [2018] FamCAFC 233 and other relevant cases

Session 2: All Abroad: Navigating Overseas Assets in Family Law

Increasing migration has led to many people residing in one country but holding assets in another. This situation needs to be handled carefully when a relationship breakdowns and assets of the parties, wherever located, need to be taken into account. This session will provide a guide to practitioners on managing this additional layer of complexity in family law property settlements, including:

• Relevant factors in choosing jurisdiction for divorce and/or property settlement: Bant Clayton (No 2) [2019] FamCAFC 200
• Disclosure and identification of overseas assets
• Obtaining foreign assistance, including legal advice, valuations and relevant third parties such as trustees
• The specific treatment of off shore superannuation and pensions
• Consideration of taxation and other financial implications of asset splitting, transfer and sale
• Assessing probability of enforcement of orders in the foreign jurisdiction
• Cost issues in pursuing foreign assets
• Relevant cases: Anderson McIntosh (2013) FLC 93-568; Sinha Sinha [2018] FCCA 2952
• Strategies for advising your client.

Session 3: A Fair Share: Financial Resources and Property Settlements

The term ‘financial resource’ is a moving feast and has been interpreted widely by the Courts. This session provides an update on the Courts’ latest approaches and examines some of the more challenging issues involving financial resources. It covers:

• Defining what is a financial resource – thinking beyond property and income
• What do you ask the other party to produce?
• Section 75(2) of the Family Law Act and future financial benefit – what’s in and what’s out
• Dealing with “not known” values
• Lessons from recent cases