Take a complex relationship property file through to the final division of the property pool. Using a rolling hypothetical throughout the programme, leading practitioners and financial experts will guide you through difficult assets and liabilities scenarios, competing business and farm valuations, departures from equal sharing and post-separation adjustments. Chaired by Simon Jefferson KC, this practical programme will take you beyond the law to examine how the issues play out in real matters - what to look for, what to challenge, what evidence matters and how different arguments can change the outcome.
Presented by Helen Tyree, Director, McWilliam Tyree
- Section 13 - Extraordinary circumstances: when the high statutory threshold for departing from equal sharing may properly be considered, and what is required to establish it
- Section 15 - Economic disparity: how the courts assess and quantify economic disparity, including the impact of external factors on the calculation of any compensatory adjustment
- Section 32 - Maintenance and Child Support: the scope, application and practical implications of the Court’s powers under Section 32
Presented by Amy Malone, Senior Associate, MacDonald Lewis Law
- 18B and 18C claims
- What is a contribution (s18)
- Occupation-related claims
- Examples of other post-separation claims from case law
- Dissipation by deliberate action or inaction
Presented by Tracy Chubb, Barrister, Tracy Chubb Barrister
Simon Jefferson KC, Trinity Chambers
Attend and earn 4 CPD Hours
- Dealing with awkward assets and liabilities:
- family loans
- personal guarantees
- contingent liabilities
- disputed tax liabilities
- Businesses, farms and companies - working effectively with your expert:
- competing valuations driven by different instructions or valuation assumptions
- insolvent or distressed businesses
- businesses that cannot readily be sold or divided
- understanding the difference between an earnings valuation and an assets-based valuation
- understanding the link between maintainable earnings, multiples and discounts and contingencies and the value of the net assets
- the difference between the value of a business and the value of a company
- shareholder current accounts
- tax, debt and post-separation events affecting value
- understanding drawings and retained earnings and the associated valuation issues
- preparing for your cross examination - questions for your expert and the opposing expert
Presented by Shane Hussey, Director, Hussey & Co; Chartered Accountant; Mediator and Arbitrator and Zandra Wackenier, Partner, Tompkins Wake
- Analyse key issues in complex relationship property matters
- Explore complex assets, liabilities and valuation evidence in relationship property matters
- Examine and quantify departures from equal sharing
- Investigate post-separation contributions, benefits and adjustments
Presenters
Zandra Wackenier, Partner, Tompkins WakeZandra is an experienced family lawyer with over 20 years in practice. Her expertise covers all aspects of family law with a particular interest and specialty in relationship property and trust claims as well as reproductive law. Zandra has been a member of several working groups for the New Zealand Law Society preparing submissions regarding legislative change and is a member of the New Zealand Law Society Family Law section.
Simon Jefferson KC, Trinity Chambers
Simon Jefferson retired from the practice of law in June 2024 having accrued more than 42 years legal experience specialising almost exclusively in family law since 1983. After 20 years as a partner with Shieff Angland, Simon left to practice at the independent bar in June 2006 and was elevated to the status of Queen's Counsel in 2013. Simon has appeared in the Family Court, the High Court, the Court of Appeal and the Supreme Court. A number of his cases feature in the Law Reports and he is particularly noted for his appellate advocacy. Appointed a Fellow of the International Academy of Matrimonial Lawyers in 2005, he was also an Executive Member of the Family Law Section of the New Zealand Law Society from 2001 to 2008. Between 2001 and 2005 he led the faculty created by the New Zealand Law Society to train lawyers for appointment as legal representatives of children in the Family Court. He has also contributed to a number of publications including the Ethics in Practice Guide (A Guide for Counsellors), Psychology and the Law in Aotearoa NZ and presented papers at conferences in New Zealand, the United States, Australia and Cambodia. Since his retirement Simon has continued to contribute to a number of legal education programmes.
Tracy Chubb, Barrister, 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.
Amy Malone, Senior Associate, MacDonald Lewis Law
Amy graduated from Victoria University with a Bachelor of Arts and Bachelor of Laws in 2001. Amy is an experienced advocate in all areas of litigation and has spent the past 9 years working exclusively in family law. Amy has particular expertise in relationship property, trust and estate litigation and is committed to achieving positive outcomes for her clients. Amy regularly presents papers for Legalwise Seminars.
.jpg?width=100&name=Helen%20Tyree%20-%20McWilliam%20Tyree%20(1).jpg)
Helen Tyree, Director, McWilliam Tyree
Helen became a Director of the McWilliam Tyree in Wellington in 2021, having previously been an Associate and then Senior Associate at McWilliam Rennie (predecessor of McWilliam Tyree) since 2014. She has been practicing all areas of family law since 2003, initially in Taranaki before moving to Wellington. Helen often acts in complex relationship property matters, including matters involving trusts, companies and economic disparity and maintenance claims. She also takes appointments from the Family Court to represent children in the Family Court, and also people who lack capacity in applications for welfare guardians and property managers pursuant to the Protection of Personal and Property Rights Act. Helen is a contributing author for the legal publication Westlaw, writing about relationship property agreements (separation agreements, contracting-out agreements, and setting aside those agreements). She also contributed significantly to McWilliam Rennie and McWilliam Tyree’s submissions to the Law Commission in relation to their reviews of relationship property, succession law and adult capacity law. She presents seminars for NZCLE and Legalwise on a range of family law matters, particularly relationship property and the Protection of Personal and Property Rights Act. Helen 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).
Shane Hussey, Director, Hussey & Co
Shane Hussey is the director of Hussey & Associates Ltd, a boutique chartered accounting practice trading as Hussey & Co. Hussey & Co provides specialist services in the areas of expert financial investigations, business valuations, assessments of economic loss and the provision of independent opinions on financial matters, often related to litigation. It also provides normal business advisory services such as taxation compliance, accounting services and provides business-related advice. Shane was admitted as a member of Chartered Accountants Australia + New Zealand in 1989, was granted a Certificate of Public Practice in 1997 and commenced his own practice in 1997. For the past twenty one years, the majority of his professional time has been spent in the specialist areas detailed above. Over that time, he has undertaken a huge number of company and business valuations, economic loss assessments, Property (Relationships) Act assignments, assignments requiring opinions on general commercial matters, general litigation support and other specialist assignments. He is regularly called upon to give independent expert evidence before the Courts and other Tribunals including mediations and arbitrations and to present papers relating to valuation, assessment of economic loss and relationship property matters. He has been appointed by the Auckland District Law Society, the High Court and others to undertake valuations and investigations and issue binding expert opinions. He also acts as a mediator and as an arbitrator.