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76594
Webinar Series
Advising rural families on business and succession planning can be a challenging exercise, requiring careful consideration of changing aspirations of younger family members, family dynamics and evolving financial circumstances. In this five part webinar series, learn directly from

Date/Time

01/11/2021

About the webinar series

Advising rural families on business and succession planning can be a challenging exercise, requiring careful consideration of changing aspirations of younger family members, family dynamics and evolving financial circumstances. In this five part webinar series, learn directly from the experts on how to best guide rural clients through the process.


Sessions include succession planning for intergenerational farming families, how to best minimise legal risks in estate planning, and legal and financial considerations in intergenerational farming business structures. It also examines the treatment of the family farm in family law property claims, as well as navigating tax traps associated with rural property transactions.


Training for as many staff as you want - no additional cost!

A single purchase entitles your company to access the five on demand webinars online as you require them for as many training sessions and for as many staff as you want.

The Programs

The Long and Winding Road: Succession Planning for Intergenerational Farming Families

Change and forward planning can be difficult concepts when a farming family has been undertaking business in the same way for many years with no eye on the future. One of the roles of a trusted adviser is to assist such families, and this session will provide skills and advice to manage this process and achieve an appropriate outcome for the family, including:

  • Tips on facilitating family succession planning
  • Who is your client? Should each family unit have their own adviser?
  • Using a third-party facilitator to work with the family
  • Essential elements of farming succession planning
  • What should be in a succession plan?
  • Key considerations for vulnerable and aging family members
  • Tips for building in flexibility and dispute management
  • Exit strategies when all else fails


Heading Them off at the Pass: Minimising Legal Risks in Estate Planning for Rural Families

The last thing elderly parents want is for the next generation to be squabbling over the estate after they have gone. The likelihood of this largely depends on what consideration the parents have given to what happens to the farm after death. This session will provide a guide to anticipating estate litigation through effective estate planning for families on the land, including:

  • Strategies for approaching and advising farming families on estate planning - is it ever too late?
  • Consideration of contributions by, compensation for and special needs of adult children
  • How to anticipate and manage competing claims and generational hopes and dreams
  • Is a testamentary trust a solution or a problem?
  • What to do about the estranged child?
  • Pre-empting claims on the basis of promises made: Rodda v Ian Rodda Pty Ltd [2015] SASC 95
  • Lessons from family provision claims and other disputes
  • When is a deed of family arrangement the answer?


Legal and Financial Considerations in Intergenerational Farming Business Structures

The decision to re-structure a family farming business requires a full consideration of risks and consequences of change. This session will examine the most common models for intergenerational farming businesses and particular matters that need to be taken into account, including:

  • Partnerships:
    • Advantages and disadvantages
    • Management and ownership of assets and operations
    • Financial and tax considerations
    • Key deed clauses
    • Flexibility and exit strategies
    • Case studies on partnerships
  • Family Trusts:
    • Why set up a trust? Benefits and limitations
    • Financial and tax considerations
    • Control now and into the future
    • Asset transfer and management including tax considerations
    • Adding new beneficiaries
    • Dispute resolution mechanisms
    • Case studies on trusts
  • Companies
  • Using entities in combination
  • Case studies on using entities in combination
  • Share farming arrangements:
    • Asset ownership and obligations
    • Cost and profit arrangements
    • What should be in the agreement?


When Worlds Collide: Farming Family Business and the Family Court 

Marriage breakdowns in farming families bring with them additional challenges, including considerations of the wider domestic and economic relationships in the extended family. This session will provide advice on strategies to protect the family farming business from property claims in the Family Court, including:

  • Is farming land treated differently for the purposes of a property settlement?
  • What factors do courts look at to determine assets, contributions and entitlements in farming family marital breakdowns?
  • Ex-spouse claims on the basis of “common endeavour” and how to pre-empt them: Nolan v Nolan [2014] QSC 218
  • The role of binding financial agreements to deal with claims for a share of the family farm
  • Structuring loans, arrangements and gifts to adult children for asset and financial protection
  • Business structuring and property arrangements for quarantining assets in the event of a relationship breakdown
  • Lessons from recent cases.


Tax Tips and Traps in Rural Property Transactions

Keeping abreast of obligations concerning federal taxes on rural property transactions can be challenging. This session provides an update to practitioners on the latest changes and potential developments in this complex area, including:

  • When is land eligible for the small business CGT concessions?
  • Which 2 hectares to choose for the main residence exemption (TD 1999/67)?
  • Business of primary production or hobby farm (TR 97/11)?:
    • The income tax implications on a land sale
    • The GST implications on a land sale
  • Transferring property to a family member:
    • GST considerations (including sec. 38-475 of the GST Act and the implications of getting it wrong)
    • CGT considerations
  • Practical strategies for minimising tax obligations on land transfers:
    • How should transfers be structured?
    • Comparing tax treatment of land transfers inter vivos and on death
  • When will subdividing and selling of farmland be considered an enterprise for GST purposes? (San Remo Heights v FC of T [2020] AATA 4023)
  • Recent legislative changes:
    • GST withholding that can apply to potential residential land
    • Foreign resident capital gains withholding
  • Case studies, including review of PBR 1051303645955

Presented By

Patrick Ellwood
Director, Clover Law Brisbane, Qld
Warwick Gilbertson
Partner and Accredited Specialist in Family Law, Turnbull Hill Lawyers Sydney, NSW
Paul Gibney
Partner, Gibney & Gunson Lawyers Albury, NSW
Adrian Bailey
Principal, Cleary Hoare Sydney, NSW
Andrew Jones
Partner, BDO Brisbane, Qld

Special Offer

EOFY SALE

This series was $1210, but if you purchase it by 30.6.23 you will pay only $550 – a saving of $660!

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Team on (03) 8601 7700 or email: [email protected]

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