National Family Law Series: Finances, Property and the Courts 2017

Topics

• Left in Debt When the Relationship Breaks Down: The Treatment of Debt in Property Adjustment Cases
  • When the taxman comes
  • The gullible mortgagor
  • Life after bankruptcy
  • High living on credit
  • Allocating debt between spouses in property adjustment cases
  • Post-separation spending
  • Part VIIIAA and the effect on creditors
• A New System? Affordable Family Law? Proposed Amendments to the Family Law Act explained
  • The first comprehensive review into the Family Law system in more than 40 years includes a plan to spend $12.7 million to create Parenting Management Hearings - designed to simplify family law disputes between self-represented litigants. However the proposals go well beyond that and potentially could fundamentally change the practice of Family Law in Australia
• The Impact of Legal Profession Uniform Law on Family Law Costs
  • The types of Costs Orders the Family Courts can make
  • How to survive a costs assessment
• Preserving Assets During Family Law Proceedings
  • Maintenance and conservation of assets
  • Injunctions
  • Use of income versus use of capital
• Property, Equity and Family Law
  • The court`s approach to the relevant provisions of the Family Law Act and their approach to duress and unconscionability in that context
  • The principles of equity and their application to the setting aside of nuptial agreements
• Cross-Vesting and Jurisdiction
  • Cross-vesting, jurisdiction and how, when and where to address those effects
  • Property disputes arising upon divorce that affect third parties, including business partners and creditors
• Assessing Interests and Contributions in Family Law Property Cases
  • How to approach these issues in practice
  • Delve into actions that could be considered negative contributions on the part of a party
• Binding Financial Agreements: Update on the Family Law ActA consideration of the High Court