Attend this unique program bringing a new look at how to deal with more complex relationship property. Gain fresh insights into the division of the marital pool and a comprehensive analysis of settlement pool adjustments under the Property (Relationships) Act. Understand how Section 182 provides relief when a marriage breakdown disrupts expectations due to changed circumstances and learn how to manage debts at the time of separation. Explore key sections of the Property (Relationships) focusing on their impact on settlement adjustments.
Description
Attend and earn 4 CPD Hours
9.00am to 9.50am s.182 Family Proceedings Act 1980: Has Preston Made the Outcome More Predictable?
- What are the 3 stages set out in Preston, particularly stage 2?
- Recent cases
- Case study walk through
Presented by Stephen McCarthy KC, Barrister
ADJUSTMENT OF THE SETTLEMENT POOL DEEP DIVE INTO KEY SECTIONS OF PROPERTY (RELATIONSHIPS ACT)
Learning Objectives:
- Understand s.182 Family Proceedings Act 1980 and the current interpretation
- Learn how s20E applies to current debts on separation
- Gain insights on s.15 Property (Relationships) Act on economic disparity assessments
- Consider the use and limits in Section 13 and how the Courts are applying the test
- Navigate the law and recent cases in relation to s18 A B C Property (Relationships) Act
Chair:
Jeremy Sutton, Barrister, Bastion Chambers
9.50am to 10.40am Dealing with Debts on Separation: How Does Section 20E Apply?
- Relationship property or separate property debts
- Loans from family members
- What is “personal debt”?
- The treatment of student loan debt incurred before or during the relationship
- How s20E has been applied
Presented by Karen Jenkins, Associate, McVeah Fleming
10.40am to 10.55am Morning Tea
10.55am to 11.45am Section 15 Economic Disparity Assessments by Chartered Accountants: Current Trends in the Post Scott v Williams Environment with ED Calculations
- The predominant two methods of calculation: total disparity and loss & enhancement calculations
- Causation and consideration of a ‘Gosbee Discount’
- Impact of key person business valuation discounting and potential impact on Section 15 calculations: Blake HC 2021
Presented by Sam Bassett, NZ Chairman & Director, Moore Markhams
11.45am to 12.30pm Sections 13 and 26 Property (Relationships) Act 1976
- Consider the use and limits on Section 13 and how the Courts are applying the test of whether equal sharing is “repugnant to justice” in a modern context
- Examine how this Section 26 is being applied by the Courts and how it might be used (and potentially misused) in cases
Presented by Jo Hosking, Barrister, Lakes Chambers
12.30pm to 1.15pm Sections 18 A, B & C Property (Relationships) Act 1976
Navigate both the law and recent cases involving claims made pursuant to:
- S18A: where a party’s misconduct during the relationship has significantly affected the extent of value of the asset pool
- S18B: where a party has made post separation contributions including claims for occupational rent and the interrelationship with s 2G
- S18C: where a party has materially diminished relationship property post separation and the interrelationship with s2G
Presented by Elizabeth Heaney, Senior Associate and Lucy Edmond, Solicitor, Tompkins Wake
Presenters
Karen Jenkins, Associate, McVeah Fleming
Karen was admitted as a Barrister and Solicitor in 2002, having completed an LLB (Hons) and Bachelor of Arts, studying at both Victoria University of Wellington and the University of Auckland. Prior to joining McVeagh Fleming in 2021, Karen has had varied experience working in both large and smaller firms in corporate, commercial, property and family law. At McVeagh Fleming, Karen focusses on relationship property, parenting and other family law matters.
Jo Hosking, Barrister, Lakes Chambers
Jo was admitted to the bar in 1998 and has practiced mainly in Family Law since then. In recent years Jo's interest has become focused on relationship and trust property and spousal maintenance cases. She has appeared in the Family Court, High Court, Court of Appeal and (as instructing solicitor) in the Supreme Court. Jo enjoys the strategic and commercial aspects of relationship property dispute resolution and working collaboratively to find solutions to relationship property problems. Jo has recently been appointed to update Fisher on Relationship Property (Chapter 11 Relationship Property And Trusts). Jo also undertakes lawyer for child work in the Rotorua Court. Since September 2015 Jo has been practising as a barrister in based in Rotorua where she was previously a partner in a specialist family law firm.
Lucy Edmond, Solicitor, Tompkins Wake
Lucy joined Tompkins Wake in 2021 as part of our graduate programme and is a member of the Family Team. She completed her studies in 2021 at the University of Auckland where she studied a Bachelor of Laws conjoint with Bachelor of Arts double majoring in Communications and Criminology. Lucy was admitted as a barrister and solicitor at the High Court of Auckland in March 2022. In 2023 Lucy had the opportunity to work for eight weeks at the European Parliament in Brussels with MEP Karlo Ressler as a legal intern.
Jeremy Sutton, Barrister, Bastion Chambers
Jeremy is a senior family lawyer, who assists with high net worth, financially complex divorce cases. He has a particular expertise in cases that involve trusts, businesses and significant investment portfolios. Jeremy is known for his pragmatic approach in divorce negotiations. He represents his clients personally at round table meetings and in mediation. He frequently appears in the Family Court, High Court and sometimes the Court of Appeal. Jeremy has until recently, been the convenor of the Auckland Family Courts Association. He is also a lecturer at the College of Law and runs workshops for New Zealand’s law students. Jeremy’s opinions are often sought by news media. He currently has a column in the business section of the New Zealand Herald, called The Ex-Files. He has made many presentations at legal gatherings throughout Australasia. His papers, on a variety of topics, are in the LexisNexis Family Law Guide. Jeremy is married with three young children.
Stephen McCarthy KC, Barrister
Stephen was a partner in a small suburban Auckland firm for 20 years before commencing practice as a barrister in 2006. He was appointed a KC in 2021. Stephen’s practice is now predominantly property and trust focused but he has appeared in cases involving care of children over the years.
Sam Bassett, NZ Chairman & Director, Moore Markhams
Sam has built up significant expertise in business advice and taxation, with a particular interest in working with small to medium sized law firms and barristers. Sam is involved with the firm’s bi -annual legal firm financial benchmarking survey and the 2021 survey is expected to be available by late November 2021. He also provides litigation support to barristers as an expert witness providing valuation evidence for interests in businesses and economic disparity calculations per Section 15 of the Relationship Property Act. Sam is based in Auckland.
Elizabeth Heaney, Senior Associate, Tompkins Wake
Elizabeth is a senior associate in the family law team at Tompkins Wake (Auckland). She specialises in family law with a particular focus on relationship property, trusts and estates. Elizabeth also has experience as a civil litigator and has acted on professional liability disputes with a particular focus on trustee and legal professional liability. She advises a wide range of clients representing them in the Family Court, High Court, the Court of Appeal, at arbitration and mediation.
