In this practical programme you will examine how trusts are treated in relationship property disputes through a continuous case study, following a trust from separation to determination. With a strong practice focus, you will work through from early identification of trust issues, to selecting and advancing the right claims, and managing evidential and tactical challenges that you might encounter. Covering s182, ss 44 and 44C, Occupation Orders, occupational rent and post-separation adjustments in addition to constructive trust arguments, you will walk away with practical strategies for navigating trust structures in relationship property litigation.

Presenters

Peter Eastgate, Principal, Cavell Leitch
Peter Eastgate is the Trust Partner at Cavell Leitch, supervising one of the largest trust practices in the South Island. With over 35 years experience, he is a specialist in the areas of wills, estate and succession law, elder law, the law of attorneyship, asset protection and all aspects of trust law (including charitable trusts), and he acts as a trustee for many of his clients. A graduate of Canterbury University (Law) and the University of New England (Trust Management), he is a member of STEP, a Fellow of the Executor and Trustee Institute (AU), a member of the Trust Law Committee of the NZLS (Canterbury-Westland branch), and a senior member of the NZ Trustees Association. A strong advocate of ongoing education within the legal and trust professions, he has since 2007 been the NZ Legal Consultant at UWS College at the University of Western Sydney, supervising a trust and estate law teaching programme for NZ based students for the Executor and Trustee Institute.

Georgia Angus, Partner, Morris Legal
Georgia Angus is a partner at Morris Legal. Georgia advises on all aspects of complex trust, estate and relationship property disputes. Georgia has extensive experience in trust matters, having acted for clients in high-profile contentious trust proceedings in the New Zealand Court of Appeal, the Court of Appeal of England and Wales and offshore jurisdictions including The Bahamas, Bermuda, BVI and Jersey. Georgia has been published in the New Zealand Law Journal and the STEP Trust Quarterly Review on the role of charities in estate disputes and beneficiaries’ requests for trust information. Georgia is a full member of STEP (TEP).

Amanda Donovan, Director, Haigh Lyon
Amanda’s clients value that she’s astute, commercially savvy and easy to relate to. With a background in psychology, she helps make difficult situations comfortable and drives dialogue when the going gets tough. A strategic thinker with incredible spirit and vitality, Amanda has practised in family law for over 20-years, working primarily in the highly specialized areas of relationship property and claims against trusts. A keen listener and insightful reader of people, Amanda is the person you want to contribute to the negotiations when relationships are forming or finishing. On the inside, she is the firm’s go-to for solving problems; her intuition is her super power.

Anthony Grant, Barrister, Paladin Chambers
Anthony is a barrister with a practice throughout New Zealand. He primarily practices in Trusts, Equity, Wills, Estates and relationship property. He is one of the Country’s most experienced barristers in these areas of the law. He is a well-known author of articles and presenter at seminars on these topics. For details of them click on the page “Trusts” on this website. He is a member of STEP (the International Society of Trust & Estate Practitioners) and The Law Association. He has spoken on developments in the law of trusts at the Law Association’s annual Cradle to Grave Conference for 18 years. He accepts appointments to act as a Trustee if he believes he can assist a Trust to be managed more effectively. For details of this services see the page “Services” on this website. He appears in the higher courts in New Zealand, in mediations, and provides advice and strategic guidance to clients. During the course of his career he has conducted many cases involving other areas of the law including Company law, Securities law, Intellectual Property law, Land law, Contract and Tort. He believes that a good understanding of these and other laws is helpful for the creation of strategies that will best achieve a client’s objectives.

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.

Helen Tyree, Director, McWilliam Tyree
Helen 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.

Dan Vincent, Barrister
Daniel specialises in complex family litigation, often involving international and cross border issues.  He appears regularly in appellate jurisdictions, most recently in respect of the Hague Convention on International Child Abduction but also on relationship property and trust matters.  In addition to his private practice, he also maintains a busy Lawyer for Child practice.  He has over 20 years’ experience in litigation and is an experienced advocate in both appellate and trial contexts. 

Ayleath Foote, Senior Litigation Lawyer, Shannon Foote
Ayleath is a senior litigation lawyer focused on complex or sensitive disputes. She is entrusted with matters requiring discretion, sound judgement, and carefully considered strategy. Her practice spans trust litigation, commercial and property disputes, and insurance related matters. She has particular expertise in obtaining and responding to urgent relief, including injunctions and search orders, often in circumstances demanding immediate, decisive action. Ayleath regularly advises on sensitive matters involving director liability, partnership and shareholder issues, personal and mental injury, and matters carrying significant personal or reputational risk. She also advises charitable trusts, including in relation to schemes under the Charitable Trusts Act, investigations, and regulatory inquiries.