Description
Attend and earn 0.5 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Learning Objectives:
- Understand how s182 applies in estate litigation cases
- Explore key case law, statutory limits, and reform debates
Section 182, the Family Proceedings Act 1980: Application in Estate Litigation
Focus on the application of s 182, the Family Proceedings Act 1980, in estate litigation, where a marriage subsists at date of death. Since 2012, there have been a plethora of compelling reports by the Law Commission, advocating major reforms, including the repeal of s 182 and the inclusion of a similar provision in a revamped version of the Property (Relationships) Act 1976. But for now, absent long overdue law reform, the courts must continue to find modern 2025 outcomes in outdated 1980 legislation.
Examine:
- Statutory framework and jurisdictional thresholds
- Case analysis
- Policy considerations and future trends
Presented by Ross Knight, Barrister, Old South British Chambers
Chair
Surendra Bennett, Senior Associate, Martelli McKegg
Presenters
Ross Knight, Barrister, Old South British Chambers
Ross is an Auckland Barrister specialising in estate, trust, and relationship property litigation, both domestic and cross-border. He appears regularly in the Family Court, High Court, and Court of Appeal. He holds both Bachelor and Master of Laws Degrees from the University of Auckland and contributes editorial to industry and commercial publications. He is also a member of STEP (Society for Trust and Estate Practitioners) and frequently invited to speak at Legal Seminars and Conferences.
Surendra Bennett, Senior Associate, Martelli McKegg
Surendra Bennett is a Senior Associate with Martelli McKegg and specialises in both Relationship and Family Disputes as well as Trust and Estate Disputes. Surendra’s compassionate approach and extensive experience make her a strong advocate for her clients. She ensures that every client understands their legal rights, and chooses the channels – including mediation and negotiation – that will help them reach the best possible outcome. As Senior Associate in our Litigation team with a focus on family law, Surendra handles complex issues around relationship property, separation, custody and spousal maintenance, and represents clients in both the Family Court and the High Court.
