High Value and High Stakes: Navigating Complex Property Matters in Family Law - a series of 5 video webinar programs

Program 1: Crystal Ball Gazing for s.90B Binding Financial Agreements

The key to drafting impenetrable and enforceable binding financial agreements lies not only in the present, but very significantly in the future. This session will provide practitioners with a step by step guide to precision drafting of BFAs, including:

• When is a BFA appropriate for your client? What advice should you be giving your client about BFA content?
• Timing is everything
• Does a BFA need to be fair? How is this determined?
• Declaring, identifying and valuing assets, income and liabilities
• Proposed financial arrangements during the marriage – intention v actuality
• Drafting for the post-separation future:
  • financial responsibilities
  • asset allocation
  • children
  • employment changes and retirement
  • illness
  • inheritances
• When will a BFA not be binding? Drafting tips for avoiding agreements being set aside
• Health-checks for BFA’s during marriage – can a s90B BFA be amended during the marriage?
• Cases and examples for strengthening your BFA

Program 2: Adding It All Up: Financial Drafting in Family Law Documents

Financial information and obligations are an integral part of many family law documents and orders, and can lead to adverse consequences if not presented in a clear manner that can be understood by the parties. This session will examine the preparation of some specific documents and provide guidance on ensuring accuracy and clarity, including:

• The financial disclosure obligation and its impact on document preparation
• Financial Statements – assisting your client in completion
• Tips for presenting financial information clearly – tables, schedules and other useful tools
• Drafting consent orders for superannuation splitting and other asset divisions
• Drafting asset holdings and future allocations in binding financial agreements
• Keeping your client in the loop on financial issues and obligations
• When to get the accountants and tax lawyers involved

Program 3: A Fair Share: Financial Resources and Property Settlements

The term ‘financial resource’ is a moving feast and has been interpreted widely by the Courts. This session provides an update on the Courts’ latest approaches and examines some of the more challenging issues involving financial resources. It covers:

• Defining what is a financial resource – thinking beyond property and income
• What do you ask the other party to produce?
• Section 75(2) of the Family Law Act and future financial benefit – what’s in and what’s out
• Dealing with “not known” values
• Lessons from recent cases

Program 4: Third Parties in Property Settlements: Invited Guests and Gate Crashers

Third-party involvement in property settlement matters is becoming increasingly common, with complex family financial structures leading to more litigation involving third parties such as trusts, companies and creditors. This session looks at practical and procedural issues with the joining or intervention of third parties, including:

• What is required in establishing a cause of action against a third party?
• Family Court rules on third party proceedings
• Operation of Part VIII AND S90 AE FLA
• Joinder application – Applications to bind companies or trusts
• The company as third party – piercing the corporate veil
• Parties seeking to assert or protect interests in property
• Responding to an application – the strike out application in response
• Third party proceedings impact on property settlements
• Vesting of trusts – Court powers that impact third parties
• Cost orders on third party proceedings
• Case study – some examples of third party cases and key take outs

Program 5: Protecting the Asset Pool When One Party Goes Rogue

When emotions run high, and the financial stakes are even higher, one party may choose to deal with assets in a way that is prejudicial to the interests of the other party prior to the finalisation of a property settlement. It is vital that the experienced family lawyer knows how to respond in a strategic and timely manner to preserve the asset pool or income stream. This session covers:

• Identifying situations where there may be ‘at risk’ property
• Risky manoeuvres:
  • Unilateral sale / disposal of assets
  • Encumbering or destruction of property (including evidence)
  • Re-arrangement of family financial affairs and structures
• Best practice guidance – self-help and court-sanctioned strategies to consider:
  • Ex parte and interim applications for injunctive relief
  • Use of caveats