Explore critical legal developments, including setting aside nuptial settlements under section 182, claims against company and trust property, navigating complex trust and corporate structures, and exceptions to equal sharing. Leading experts will provide insights from recent cases and practical strategies to manage these increasingly common issues.
Chair:
Kesia Denhardt, Barrister, Kate Sheppard Chambers
11.15am to 12.15pm Practical Insights on Dealing with Complex Companies and Trusts
- When to join trustees to disputes
- Valuations of trust property
- Bundles of rights: What does it mean?
- Constructive Trust claims
Presented by Jeremy Johnson, Barrister, Arbitrator, Bankside Chambers and Dylan Pine, Director, Clendon Webb
Learning Objectives:
- Understand when nuptial settlements can be set aside under section 182.
- Apply sections 44, 44C and 44F to claims against company and trust property.
- Navigate complex trust and corporate structures in relationship property disputes.
- Assess exceptions to equal sharing under sections 13 and 15.
Description
Attend and earn 4 CPD hours
9.00am to 10.00am Setting Aside Nuptial Settlements/Trusts Under Section182 of the Family Proceedings Act
Key learnings from recent cases on:
- The meaning of nuptial settlement
- The requirements for exercising discretion
- Assessing quantum
Presented by Professor Nicola Peart, University of Otago
10.00am to 11.00am Statutory Claims Against Company and Trust Property – Sections 44, 44C & 44F Property (Relationships) Act 1976
- Deciding whether to use s 44, s 44C or 44F
- Issues arising in s 44 claims in de facto relationships
- Tracing to subsequent property and subsequent recipients under s 44
- Defending claims under ss 44, 44C and 44F
Presented by Emma Armstrong, Partner, Lee Salmon Long
11.00am to 11.15am Break
12.15pm to 1.15pm Exceptions to The Presumption of Equal Sharing: s13 Extraordinary Circumstances and s15 Economic Disparity Claims
- What is needed to show that equal sharing is repugnant to justice
- How economic disparity claims are being dealt with by the Courts
- Review of recent case law
Presented by Tracy Chubb, Barrister
Presenters
Kesia Denhardt, Barrister, Kate Sheppard Chambers
Kesia is a barrister practising in Auckland and is a member of both Hepburn Chambers and Kate Sheppard Chambers. She handles all types of family law matters, with a particular interest in relationship property issues arising out of a separation, complex parenting and protection disputes, and reproductive law. Kesia has written and presented legal seminars on various family law issues and authored articles for a number of legal publications. Kesia is an appointed member of the FLS Advisory Panel focused on family law reform. She has been an appointed member of a number of other committees, including the Auckland Women Lawyers’ Association and a NZLS Lawyers Standards Committee. Kesia is also an ambassador of White Ribbon New Zealand; appointed in recognition of her work in assisting victims of family violence.
Professor Nicola Peart, University of Otago
Nicola retired from the University of Otago in 2020 and is now a professor emerita. She is still engaged in research on trust and succession law, as well as relationship property law. She has published widely in these areas and has been a member of the Law Commission’s Expert Advisory Groups for its Review of Trust Law, the Review of the Property (Relationships) Act and the Succession Law Review.
Emma Armstrong, Partner, Lee Salmon Long
Emma is a partner at specialist litigation firm LeeSalmonLong. She acts for and advises clients in a broad range of commercial and civil disputes, and regularly represents clients in court, mediations, and other dispute resolution settings. Emma has particular expertise and interest in trust disputes, estate claims, and complex relationship property division. She is a full member of the Society of Trust and Estate Practitioners.
Jeremy Johnson, Barrister, Arbitrator, Bankside Chambers
Jeremy is an experienced litigator and dispute resolution specialist with a proven track record in advocacy. He has particular expertise in commercial, insolvency, relationship property and equity and trust law. He is frequently instructed to appear as counsel in the courts and before arbitral tribunals. Since 2013 Jeremy has been recognised as a leader in his field in leading global directories most recently in the Legal 500 Asia Pacific 2020 and Chambers Asia-Pacific 2020 and Chambers Global 2020 legal guides. Jeremy is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand for Arbitration; he is the youngest person to have achieved this distinction. He is also a Fellow of the Chartered Institute of Arbitrators. Jeremy also received the Sir Ronald Davison Award for excellence in arbitral award writing. He is available to appear as counsel in arbitrations and to take appointments as an arbitrator. Jeremy was awarded the 2017 NZ Law Awards Artemis Executive Recruitment Young Private Practice Lawyer of the Year (under 35). Being described as “a clear winner in this category”, the judges praised Jeremy for having an impressive career to date. Prior to joining the bar Jeremy was a partner at Wynn Williams where he led the Dispute Resolution team for eight years and was the senior litigation partner by the time he left.
Dylan Pine, Director, Clendon Webb
Dylan, the director of Clendon Webb, founded the firm after recognizing a gap in the legal market for clear, comprehensive litigation advice with a focus on commercial outcomes. As an experienced litigation and dispute resolution lawyer, Dylan is admitted to practice in both New Zealand and Samoa. He regularly appears in civil and specialist courts. Clients value Dylan’s straightforward, strategic, and commercially sound advice. He is often praised as a “very good litigator” who is “quick to grasp the big picture” and a “great communicator.” Dylan prioritizes understanding his clients' challenges and collaborates closely with them to achieve the best possible outcomes.
Tracy Chubb, Barrister
Tracy is an Auckland Barrister who started out working primarily in civil litigation until she discovered her love of family law, which quickly became a large part of her practice, along with civil/commercial litigation. Her experience in both these areas of the law allows her to provide pragmatic advice and devise appropriate strategies to resolve complex legal issues for her clients, who come from both within and outside of New Zealand. Tracy has a strong focus on resolving matters out of Court where possible, or within the Court system when necessary. She is aware of the stresses and issues clients are presented with when faced with the breakup of their relationships and uses her experience and knowledge of the law to assist them to bring about a satisfactory outcome in as cost-efficient and practical manner as possible.