Navigating Family Law Property Settlements in Uncertain Times – recorded online lunchtime conference

Hear from the experts at this online 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 and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: The Impact of a Downturn Market on Property Law Settlements

As the economic impact of COVID-19 continues, clients have watched the sudden and vicious decline in the value of their assets. How will this impact family law property settlements, and what should you be advising your clients to do now? This session examines the practical challenges family lawyers need to navigate in the current landscape, including:

• Managing property settlements agreed to but not finalised by the parties
• How to manage valuation issues with real property
• Decreasing business valuations and timing issues
• Navigating evidentiary requirements during uncertain times
• Issues with superannuation splits
• Dealing with estimations and contingencies in income information
• Tips and tricks for practitioners

Session 2: Identifying Complex Assets in Property Settlements

As the High Court made clear in Stamford, an essential part of any family property matter is to identify the legal and equitable interests of the parties in any property. However, determining the size of the asset pool can be difficult, particularly where parties have interests in complex company and trust arrangements. This session covers:

• Court consideration of equitable interests in property
• Alter egos and other controlling interests in trusts and companies:
  • Distinction between control and ownership
  • De jure control
  • De facto control
  • Sham trusts
• Identifying business interests – either owned personally, or through any form of corporate entity, trust or partnership structure
• Issues with digital assets:
  • Cryptocurrencies
  • Assets held in the Cloud
  • Instagram and other social media accounts

Session 3: Post Separation Income and Expenditure –Accountability and Count Ability

This session looks at legal issues involving income and expenditure post separation, and how this is taken into account in property settlements. It includes:

• Paying expenses after separation
• Treatment of add backs
• How is income taken into account post separation?
• Is a former partner entitled to money accrued post separation?
• Property division and post separation accounting
• Reviewing the numbers – what to record and how
• How are post separation assets treated?
• Disparate incomes of parties – how is this treated?
• Personal debt and windfall gains