Monday, 25 August 2025
*Original Content was created in November 2024
Chair
Helen Tyree, Director, McWilliam Tyree Lawyers
PRACTICAL SCENARIO: Defacto Property in a Trust: What’s in Your Toolkit to Deal with this Scenario
- What claims can you raise?
- Constructive Trusts including:
- Jurisdiction
- A claim that the respondent has a constructive trust which gives rise to separate property that can be attacked under s 9A?
- S44 and S44C
- Deeds of nomination: A qualifying disposition?
- Registration of shares in the company’s name: A qualifying disposition?
- Is it possible to raise a claim under s 9A as a possible disposition?
- If all (major) assets are owned by a Trust, including the family company, what to look out for in the company financial statements
Presented by Lisa La Mantia, Barrister, Albert Chambers
Description
Attend and earn 1 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:
- Identify and apply the appropriate legal avenues for defacto property held in a trust
- Analyse complex trust structures for potential relationship property claims
Presenters
Helen Tyree, Director, McWilliam Tyree LawyersHelen is a director of McWilliam Tyree Lawyers, having been an Associate and then Senior Associate at McWilliam Rennie (predecessor of McWilliam Tyree) since 2014. Helen has practiced all areas of family law since 2003. As well as acting for clients in all areas of family law, Helen has undertaken regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act since 2008. Helen is also a contributing author for the legal publication “Brookers Family Law on Family Property”, writing about relationship property agreements (separation agreements, contracting-out agreements, and setting aside those agreements). She also contributed significantly to McWilliam Rennie’s submissions to the Law Commission in relation to their review of relationship property and then succession law. She has presented seminars for Legalwise on a range of relationship property matters, relationship property law developments and on the Protection of Personal and Property Rights Act. Helen Tyree graduated from Otago University in 2000 with a Bachelor of Laws and from Brunel University of London in 2003 with a Master of Law in Child Law and Policy (with distinction).
Lisa La Mantia, Barrister, Albert Chambers
Lisa La Mantia is an experienced barrister based in Auckland, New Zealand, where she operates her own practice at Albert Chambers, offering specialised services in all areas of family law but with a particular interest in matters involving relationship property and trusts. Admitted to the bar in 2007, she has since dedicated her career to providing expert legal counsel in complex family law scenarios. Lisa also has an interest in the area of the Protection of Personal and Property Rights Act 1988 and is on the panel of lawyers to represent the subject person. Lisa is known for her comprehensive approach, ensuring her clients are well-equipped to navigate the legal intricacies involved.
