PAST PAPER: Session 4: Stream A: Family Law and Trusts Roundup

Session ID: CD173NZW01G
Date: Thursday, 02 March 2017
Venue: This paper was presented in WELLINGTON

Past papers

Past Papers $27.50


Session Content

Date: Thursday, 2 March 2017
Time: 4.30pm to 6.30pm
Venue: InterContinental Wellington

Attend and Earn 2 CPD Hours

Back by popular demand, our 2-stream 10 CPD Hours in One Day program lines up an esteemed panel of QCs, barristers, legal experts and representatives from key government departments who will update you on the latest developments in private and government law. Pick and choose the sessions that best suit you and gain the necessary skills to elevate your practice all while meeting your 31 March CPD deadline.

Chair: Phillip Green, Mediator, Chartered Arbitrator, Barrister

What You Need to Know About Family Dispute Resolution Mediation

  • When to consider mediation
  • Overview of the process
  • The 12 hour model/ costs of FDR

Presented by Rachael Dewar, Lawyer and Mediator, Rachael Dewar Law

General Assets Division
The prima facie assumption is that all relationship property will be divided equally. This assumption can however be rebutted in certain circumstances.

  • In what circumstances the presumption can be rebutted?
  • The relevant legislation and case law
  • Assessing the likelihood of success in an attempt to rebut the presumption for a particular client: what to look for
  • The information/ supporting evidence required to make the best application possible for your client

Presented by Jacinda Rennie, Partner and Helen Tyree, Associate, McWilliam Rennie Lawyers

Erceg v Erceg: The Latest on Beneficiaries' Rights to Trust Information

  • The Erceg case so far: the High Court and the Court of Appeal decisions, and an update on the case before the Supreme Court
  • Beneficiaries' rights to information: changes signalled in the Trusts Bill
  • Factors impacting trustees' decision-making
  • Practical advice for trustees faced with information requests

Presented by Chris Kelly, Consultant and Kimberly Lawrence, Solicitor, Greg Kelly Law Limited

Learning Objectives

  • Ensure a deep and thorough understanding of relationship property in the General Assets Division
  • Master the FDR mediation process
  • Obtain a critical update on the Erceg case

Chair: Phillip Green

Phillip Green is a barrister who solely mediates and arbitrates disputes. He was named as one of the top 10 commercial and family mediators and arbitrators in NBR Law Fuel IN 2015 and 2016. Phillip has over 30 years' mediation and arbitration experience. He is Founding President of the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). He was appointed Adjunct Professor in Dispute Resolution by Massey University and has held the positions of Director of the University Dispute Resolution Centre, and Director of Professional Studies for the AMINZ. He is both a Fellow of AMINZ and of the Chartered Institute of Arbitrators in London. In 2013 he was appointed by UNESCO to its panel as international mediator and conciliator for international property disputes concerning repatriation of cultural property. He lectures in NZ, Australia and the States. Phillip is author and co-author of 7 texts mainly on ADR. His co-authored work with Professor Laurence Boulle and Virginia Goldblatt on learning and applying mediator skills was published by LexisNexis IN 2016. Also to be published in 2017 is a text on understanding anger in the context of negotiation, co- authored. This text will be published by the American Bar Association. For further information see

Rachael Dewar

Rachael Dewar has 25 years experience in family law, including 12 years as the family law partner at Tripe Matthews & Feist in Wellington and since 2010 in her own firm, Rachael Dewar Law. She now has three other lawyers in the firm all specialising in family law. Areas of practice include relationship property, contracting out agreements, Family Protection Act claims, child law, surrogacy and mediation. Rachael appears regularly in the Family Court and is a senior lawyer for child and a member of the NZLS Panel of Mediators. She is an active member of the Wellington branch NZLS Family Court Committee and in June 2015 Rachael joined the FLS Executive. Previously Rachael has presented seminars on relationship property, mediation/FDR and women in law topics to both local and international groups. Rachael is married with 2 adult children.

Jacinda Rennie

Jacinda Rennie is a lawyer specialising in family law at McWilliam Rennie in Wellington. She graduated from the University of Waikato with a Bachelor of Laws with First Class Honours, and was admitted to the bar in 1996. Jacinda and Leona McWilliam formed McWilliam Rennie, a boutique practice in central Wellington specialising in family law in 2009. Jacinda has been a co-author of Brookers Family Law - Family Property since 2007. Jacinda has also presented seminars for the New Zealand Law Society on s 21 agreements and on relationship property matters after death.

Helen Tyree

Helen Tyree is an Associate at McWilliam Rennie, specialising in family law. Helen graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Laws in Child Law and Policy (with distinction). From 2003 she worked in firms in Taranaki specialising in family law, and has been with McWilliam Rennie in Wellington since 2014. As well as acting for clients in all areas of family law, Helen undertakes regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act. She is also a co-author of Brookers Family Law- Family Property.

Chris Kelly

Chris Kelly has over 35 years' experience as a lawyer specialising in wills, trusts, estates and elder law. In addition to working for many years as a lawyer in Public Trust, he also held other varied roles there, including District Public Trustee (manager) at their flagship Wellington branch and Chairman of their staff superannuation scheme. Subsequently Chris was General Counsel at The New Zealand Guardian Trust Company for 8 years and a member of their senior management team. Chris is co-author of two leading legal texts: Garrow & Kelly law of Trusts and Trustees (6th edition and the 7th edition published in 2013) and Dobbie's Probate Administration Practice (5th edition, 2008 and 6th edition, 2014). In addition to other publications, Chris has presented more than a dozen papers at legal conferences and has chaired LexisNexis Elder Law Conferences. In 2009 Chris completed a Master of Laws with a thesis on accountability of trustees. He has also completed a Diploma of Management from the New Zealand Institute of Management. Chris is a member of the New Zealand Law Society, the Property Law Section and the UK based Society of Trust and Estate Practitioners (STEP).

Kimberly Lawrence

Kimberly Lawrence joined Greg Kelly Law Limited as a solicitor in 2016. She has a longstanding interest in trusts and estates and works with Chris and Greg Kelly on papers, presentations, and other publications. She is particularly interested in constructive trusts and their operation in this sphere.

Venue Details

The InterContinental Wellington

Level 1, 2 Grey St
Wellington 6011

Ph: 64 4 47227722


Limited valet parking available at NZ$20 per day. Additional parking

available at Wilson Parking with NZ$5 per half hour and NZ$22 for


The Intercontinental is a 2 min walk from Lambton Quay which

has a number of buses going to airport and suburbs. It's a 10 min walk to

the nearest train station.

Taxis are also available downstairs at the hotel entry.

Parking is not included in the registrartion fee and price is subject to


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