Navigating Difficult Family Law Property Settlements – a recorded lunchtime online conference

Duration: 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: All’s Fair in Love and War, except when it comes to Binding Financial Agreements

Fairness is an essential principle in family law, and yet when it comes to determining the validity of a binding financial agreement it seems the principle can be missing in action without implication. This session will explore the current thinking on fairness in binding financial agreements and whether the courts are finding alternatives to strike down “bad bargains”, including:

• What does “unfairness” mean in the context of binding financial agreements?

• Section 90G and the omission of a “fairness” requirement
• What is the difference between an unfair arrangement and unconscionable behaviour? Thorne v Kennedy [2017] HCA 49; Saintclaire Saintclaire [2015] FamCAFC 245; Gongsun Paling [2020] FamCAFC 244
• Failure to disclose as grounds for setting aside an agreement – will the new disclosure rules have a positive impact? Is failure to disclose a form of unfairness?
• Are the courts moving to a test of unfairness under a different name?

Session 2: 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

• 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?
• Lessons from recent cases

Session 3: Factoring in Tax in Family Law Property Settlements

Property settlements can often come with potential tax consequences, however tax can often be overlooked when carving up the assets. This session examines the key issues family lawyers need to be across and thorny tax issues that can arise, including:

• Disposal of assets and CGT issues
• Tax issues involving the family home
• Unrealised and hidden tax liabilities you need to consider
• Spotlight on deemed dividends and Division 7A issues
• Spotting tax irregularities and other tax skeletons in the accounts
• Case studies and worked examples