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Recorded Webinars

Recorded Webinar: Promissory Estoppel and Constructive Trusts: Safeguarding Farming Legacies

In rural settings, it’s not uncommon for family and business to intertwine. In turn, claims involving promissory estoppel and constructive trusts inevitably arise due to broken promises and unhappy family members. Grounded in equity, they offer recourse when familial promises are
PRESENTED BY Fran Becker Partner - Hamilton Locke , Brisbane

Date/Time

About the Webinar

In rural settings, it’s not uncommon for family and business to intertwine. In turn, claims involving promissory estoppel and constructive trusts inevitably arise due to broken promises and unhappy family members. Grounded in equity, they offer recourse when familial promises are broken or ownership disputes arise. This session delves into the precise application of these legal constructs within farming families and their practical implications. It covers:

  • A case law update on recent cases of significance in both the supreme and family law courts and identify the lessons for estate planning professionals to minimise the risk of future claims;
  • Facts which may ground successful claim in equity against the farm or estate
  • The different legal presumptions and concepts that may be brought into play arising from claims of broken promises in rural and farming families, including the presumption of advancement, promissory estoppel
  • The status of loans and what will hold up a genuine loan in both supreme courts and family law courts
  • When a claim involving a family farm commenced in a supreme court may be brought over to, and dealt with by, a family law court, including “mum and dad” as third parties

Presented By

Fran Becker
Partner, Hamilton Locke Brisbane, Qld

Fran provides technically excellent, value-driven and commercially effective strategies and solutions for her clients and has practical experience in the private clients and agribusiness space, having grown up and been involved in the agribusiness industry all her life.  She is a capable legal professional, known for her energy and enthusiasm in the workplace.

Fran is an agribusiness and private client’s lawyer at Hamilton Locke. She is a trusted advisor to many privately owned businesses, families and high net worth individuals, advising on succession and business transition planning, complex estate planning, structuring and asset protection, and commercial, business and rural property transactions.

Originally from Central Queensland, Fran with her husband now owns and runs a beef cattle enterprise in the Maranoa region, where she takes an active involvement in the day-to-day operations of the business and enjoys the reward of being a grazier, like many of her agribusiness clients.

Prior to joining Hamilton Locke, Fran worked for Shand Taylor Lawyers and McCullough Robertson Lawyers.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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