Untangling the Assets: Achieving Fair Outcomes in Family Law Property Settlements – a recorded lunchtime online conference

Session 1: From Erosion to Springboards: The Assessment of Initial Contributions Over Time

The approach of the Court to the assessment of initial contributions and the weight that ought to be properly placed on initial contributions at trial has changed over time. From early arguments of erosion to later discussion of springboards – the language employed when discussing how the Court should assess initial contributions is vital, as use of an incorrect term could arguably lead the court into error. To assist practitioners, this session will explore:

• The arguments surrounding the appropriate assessment of initial contributions in property settlement matters
• The current views within the profession as to the ‘erosion’ and ‘springboard’ arguments and the preferred approach to assessing the relevance of the impact of time to initial contributions
• The scenarios in which a just and equitable outcome may arguably call for an assessment of initial contributions that merits ‘special’ recognition

Session 2: Trusts in Family Law – A Trustee’s Perspective  

Trusts are relatively common in property settlement proceedings. But should you approach the matter differently when you are acting for the Trustee? This session focuses on the strategic and practical implications of running a property settlement case involving a third-party trust from the perspective of acting for the trustee and will explore the following:  

• When - and when not to - intervene if you are acting for a trustee and when (and how) a third party may be joined
• Obligations of the trustee - in equity, corporations law and in family law proceedings
• Common scenarios where  trustee’s obligations conflict with family law
• Responding to requests for information, documents and subpoenas on behalf of trustee
• Role of the trustee in disclosure, valuation of a trust and its underlying assets

Session 3: 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