Balancing the Scales in Family Law Property Settlements – family law Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular family law webinars from the past year.

Webinar 1:  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 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

Webinar 2:  Impact of Family Violence on Property Settlements: The Reforms are Now Here

The recent amendments to the Family Law Act have gone a step beyond Kennon & Kennon by providing a legislative framework for the consistency in application of the impacts of family violence on property settlements. But how will this work in practice and will it achieve the expected fairer outcomes? This session will examine the failings of the previous principles and explore the expected outcomes, including:

• Looking at the amendments and how they diverge from Kennon
• What types of behaviour will be targeted?
• How are courts to assess the effect of family violence and abuse? What evidence may be required?
• Has fault been brought back into family law?
• What are the practical impacts of the changes on running a case?
• Will fairer outcomes and greater consistency in decisions be achieved

SPECIAL PURCHASE OFFER – THE APRIL ADVANTAGE

This pair of recorded webinars would usually cost $539, but as part of The April Advantage Offer you can buy the pair for only $330 if you order by 30.4.25.