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105017
Recorded Webinars

Recorded Webinar: A Moveable Feast: The Value of Discretionary Trust Entitlements in Family Law Property Settlements

Trusts are increasingly a target for consideration in family law property claims. The nature and value of a beneficiary’s entitlement in a discretionary trust has been the subject of a number of decisions since Kennon & Spry and still remains in contention. This session will t

Date/Time

About the Webinar

Trusts are increasingly a target for consideration in family law property claims. The nature and value of a beneficiary’s entitlement in a discretionary trust has been the subject of a number of decisions since Kennon & Spry and still remains in contention. This session will take a deep dive into the issues surrounding the treatment of discretionary trusts in family law, including:

  • Revisiting the discretionary trust structures and legal issues
  • Kennon & Spry [2008] HCA 56 as the starting point of trust consideration under s79
  • The impact of recent decisions including Rigby & Kingston (No 4) [2021] FamCA 501 and Woodcock & Woodcock (No 2) [2022] FedFCFamC1F 173 and Owies v JJE Nominees Pty Ltd [2022] VSCA 142
  • Current status of the Woodcock case and expert evidence concerning the valuation of beneficiary’s right to due consideration under a discretionary trust
  • Issues in joining third parties to litigation
  • Strategies for proactive protection of trust property and rights.

Presented By

Ian Kennedy AM
Senior Partner, Kennedy Partners Melbourne, Vic

Ian is Senior Partner of Kennedy Partners. He has an extensive and highly-regarded national and international family law practice, primarily in major financial cases and difficult multi-jurisdictional matters.

Ian served as President of the International Academy of Matrimonial Lawyers from 2008 to 2010, Chair of the Family Law Section of the Law Council of Australia from 2005 to 2008 and Editor of Australian Family Lawyer from 1988 to 2016. He was appointed a Member of the Order of Australia (AM) in 2004 for his services to law, legal education and national and international legal bodies and has been awarded the Law Council of Australia President’s Medal, the IAFL President’s Medal and life membership of the Family Law Section of the Law Council of Australia.

Who Should Attend?

This webinar is suitable for lawyers practising in family law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

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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