Close
My Cart (0 items)
Checkout

Login to TEN

Privacy Policy
Privacy Policy
Return
My Cart (0 items)
Checkout
107090
Individual Podcasts

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
PRESENTED BY Ian Kennedy AM Senior Partner - Kennedy Partners , Melbourne

Date/Time

About the Podcast

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.

CPD Information

30 minutes 

0.5 CPD hours/units/points

WA Lawyers – TEN is unable to verify that you have earned CPD for this product as we cannot verify that you have listened to the podcast which is a requirement of the LPBWA.  TEN is an accredited provider.

Enquiries/Assistance

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

Go to top