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103521
Recorded Webinars

Recorded Webinar: Hands Off: Protecting Family Trusts from the Ex-Laws

Relationship breakdowns are difficult enough, but the wider family members can also be impacted when a family trust and its assets become a target in proceedings in the Family Court. This session provides proactive advice and strategies for protecting family trusts from potential
PRESENTED BY Barry Berger Director, Accredited Family Law Specialist - Dignity EDR , Melbourne

Date/Time

About the Webinar

Relationship breakdowns are difficult enough, but the wider family members can also be impacted when a family trust and its assets become a target in proceedings in the Family Court. This session provides proactive advice and strategies for protecting family trusts from potential claims, including:

  • Relevant provisions of the Family Law Act pertaining to property of the parties
  • Jurisdiction of the Family Court when it comes to characterising and dealing with trusts
  • Trusts - an asset or financial resource? Why it makes a difference and an analysis of relevant cases
  • The ability of the Family Court to “bust the trust”
  • What aspects of control and contribution does the court look at?
  • Can a prior Binding Financial Agreement prevent consideration of a trust in divorce proceedings?
  • Strategies for minimising the vulnerability of discretionary trusts including drafting tips
  • Cases including Rigby & Kingston (No 4)[2021] FamCA 501; Woodcock & Woodcock (No 2)[2022] FedCFamC1F 173; Barrett & Winnie [2022] FedCFamC1A 99

Presented By

Barry Berger
Director, Accredited Family Law Specialist, Dignity EDR Melbourne, Vic

Barry graduated from Monash University with a Bachelor of Economics (1972) and Bachelor of Laws (1974). He saw the introduction of the Family Law Act in the mid-seventies from the previous Matrimonial Causes Act, and has practiced through the many and varied changes of Family Law since then.

During his career, Barry has been the Head of Family Law at a number of prominent firms and was the co-founder and Managing Partner of Berger Kordos Lawyers and prior to that he was the Head of the Family Law Department of Home Wilkinson Lowry which subsequently became HWLE.

In 2021 together with Leon Berger (who is also a Family Law Accredited Specialist FDRP and Mediator), Barry established Dignity EDR - Effective Dispute Resolution and Dignity.Legal, an initiative which specialises in out-of-court settlements through negotiation, Mediation, Collaboration and provides expert guidance in all relationship matters.

He has been an Accredited Specialist in Family Law and a Mediator since 1991, and recently became an Accredited AIFLAM Arbitrator. Barry is committed to helping people effectively find family law resolutions at all stages of their relationship.

Barry Berger is one of Australia’s most experienced family lawyers and is known in the profession for giving strategic legal advice in complex family law matters, an innovator in Relationship Dispute Resolution and collaborative law , and a champion of value-pricing for professional services.

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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