|Tuesday 12th July 2022
Vic, NSW, ACT, Qld, Tas: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm
UNTIL THE EVENT
Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.
The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.
One registration can be shared by colleagues within the same firm utilising the same login.
Session 1: Ink on the Wedding Dress: Duress and other Ticking Time Bombs in Financial Agreements
Financial agreements are often drafted, signed and tucked away in the bottom drawer with the hope that they will never be looked at again. Yet, at the time when they are most needed, ticking time bombs can destroy any reliance placed upon them. This session will examine the make or break aspects of financial agreements and relevant cases, including:
- Section 90K of the Family Law Act
- Obtaining independent and sound legal advice: Adame & Adame  FCCA 42; Renard v Geach  FCCA 617
- Compliance with the technical requirements of the Act: Black & Black  Fam CAFC 7; Abrum & Abrum  Fam CA 897; Grant & Grant-Lovett  FMCA Fam 162
- Compliance with subject matter requirements: Bloomfield & Grainger  Fam CA 36
- The consequences of fraud and failure to disclose: Nyles & Nyles  Fam CA 565; Acker & Acker  Fam CA 891
- The impact of undue influence and unconscionable conduct: Thorne v Kennedy  HCA 49;Teh v Muir  Fam CA 138; Gongsun & Paling  Fam CAFC 244
- Duress: Blackmore & Webber  FMCA Fam 154
- Essential considerations when drafting financial agreements
Session 2: Into the Mix: Corporate Law in Family Law Proceedings
The waters can get murky when the parties to a family dispute are involved, either together or separately, in a company. This session will examine how to proceed and what strategies can be used to separate and account for the various interests, including:
- Relevant provisions of the Family Law Act and the Corporations Act and how to use them to achieve results
- Doing the due diligence on your client and their spouse/partner ownership and involvement in the company
- Are all interests relevant? Separating the wheat from the chaff
- Strategies for seeking information and disclosure
- Assets, valuations and future interests
- Optimising negotiations and assessing the practical and financial implications of:
- Winding up
- Asset and share sales/transfers
- Ongoing directors and officers
- Maintaining the company as a going concern
- Employment or termination of either party
- When should a company be joined as a third party in proceedings?
- The power of the Family Court to alter interests and make orders in relation to a third party
- Key terms in property settlements involving a corporate entity
- Relevant cases
Session 3: A Room with a View: Rural Perspectives in Family Law Property Settlements
When a relationship breakdown occurs in a farming family, the consequences can extend far beyond the couple and present complex and challenging issues for those involved. This session will examine the particular issues that practitioners need to be aware of when involved in advising a farming family, including:
- Identifying ownership and management structures of assets and the farming business
- The presence of intergenerational arrangements including loans and other financial accommodations
- Assessing family expectations or arrangements concerning involvement and succession of the farming business
- Managing the perils of income deprivation through property sale
- Assessing the contributions of a non-farming spouse
- Tax and other financial consequences of proposed property arrangements
- Impact of a property settlement on the greater farming family
- Relevant case examples
- Strategies for protection of the farming assets
Cathie Blanchfield, Principal, Blanchfield Nicholls, Sydney (Chair)
Jacky Campbell, Partner and Accredited Family Law Specialist, Forte Family Lawyers, Melbourne
Craig Henderson, Partner, Lander & Rogers, Melbourne
Pippa Colman, Director, Family Law Accredited Specialist, Pippa Colman & Associates, Maroochydore, QLD
- It was just like being at a well run conference but in many ways better.
- This option is of great assistance to country practitioners.
- The live online conference format worked well and made the speakers more engaging than a recording.
- Our team used the boardroom. We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did. All from the comfort of our own office.
- The conference was well organised and the email links very useful.
Delegates registered to attend the LIVE event will receive a CPD certificate for attendance. Lawyers can claim up to 2.5 CPD units/points (substantive law).
|If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: firstname.lastname@example.org