Navigating the complex trust issues in relationship property matters can be difficult and complicated. Join a panel of leading Trusts’ experts for a master class for all those working in relationship property. Remove the complexity and obtain clarity on topics such as the role of trustees in proceedings and when they should be joined. You’ll also identify the latest issues and review the implications of recent case law on Section 182 claims plus Sections 44 and 44C claims.
2.00pm to 3.00pm Trusts and Relationship Property Act: When Should Trustees be Joined
- Trusts and the Property (Relationships) Act:
- What role do trustees play in the proceedings?
- When do you join them in the proceedings?
- Is Section 37 Notice required or are Trustees a party irrespective of the notice?
- Scope of orders you might consider including receiverships
- Practical guidance and key considerations – what else to have on the radar
Presented by Mike Phillipps, Special Counsel, Vicki Ammundsen Trust Law
3.00p, to 4.00pm Section 182 of the Family Proceedings Act 1980: Key Issues and Update on Recent Case Law
- Identifying and preparing a claim under s 182
- Update on case law post Preston v Preston [2021] NZSC 154
- Section 182(6) and contracting out agreements under the Property (Relationships) Act 1976
Presented by Samantha Wilson, Barrister, Hobson Chambers
Chair:
Sarah Bush, Barrister, Wyndham Chambers
Description
Attend and earn 3 CPD hours
4.00pm to 4.15pm Afternoon Tea
Learning Objectives:
- Consider the role that trustees play in Family Relationship proceedings and when they can be joined
- Benefit from essential guidance on Section 44 and 44C claims
- Gain an update on the key issues and recent case law for section 182 Property (Relationships) Act 1976
4.15pm to 5.15pm Section 44 and s 44C Claims
- Section 44 claims
- What do you need to prove to meet the test?
- Interrelationship between s 44 and s 21 agreements
- Recent cases and current trends
- Section 44C claims
- Powers of the court
- Interrelationship between s 44 and s 44C
- Recent cases and current trends
Presented by Georgia Angus, Partner and Gemma Edwards, Senior Solicitor, Morris
Presenters
Sarah Bush, Barrister, Wyndham Chambers
Sarah has been practising in family law for over 20 years. She is committed to working with clients to find solutions to their legal problems, whether by negotiation or court proceedings. She is experienced in all areas of family law including; relationship property, spousal maintenance, care of children and domestic violence. Sarah was the first lawyer in New Zealand to successfully argue an economic disparity case for her client. She is a trained mediator and has conducted a large number of family mediations.
Mr. Mike Phillipps, Special Counsel, Vicki Ammundsen Trust Law
Mike Phillipps was formerly a partner at Wells and Co. subsequently practising as a civil barrister at Vulcan Building Chambers, Auckland. In 2016 Mike joined Vicki Ammundsen Trust Law as Special Counsel specialising in trust litigation, and regularly represents trustees in relationship property proceedings and claims under the Family Proceedings Act 1980. Mike has appeared in all of New Zealand’s senior courts and was counsel for the successful plaintiffs in the High Court in A, B and C v D and E Limited (known as the Alphabet Case) and as counsel for the unsuccessful respondents (2 to 1) in the Court of Appeal. Mike recently appeared for the appellants with senior counsel Lady Deborah Chambers KC in the Supreme Court. The decision is awaited on the defining principles of fiduciary obligations owed by parents to children.
Ms. Samantha Wilson, Barrister, Hobson Chambers
Samantha is a barrister employed by Vivienne Crawshaw KC and practicing in all areas of family law. She has a particular interest in relationship property and trust disputes, spousal maintenance and proceedings under the Hague Convention. Sam returned to practice in New Zealand in 2020, having spent seven years at a leading litigation and arbitration firm in London, where she specialised in investment treaty arbitration and a broad range of cross-border disputes. Sam appears regularly in the Family Court and High Court and has appeared as junior counsel in the Court of Appeal and Supreme Court.
Ms. Georgia Angus, Partner, Morris
Georgia Angus is a partner at Morris. 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 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. She has been published in the New Zealand Law Journal and the STEP Trust Quarterly Review and regularly appears in the Family Court, District Court and High Court.
Ms. Gemma Edwards, Senior Solicitor, Morris
Gemma Edwards is a senior solicitor at Morris. Gemma has acted for clients in a wide range of trust, estate and relationship property disputes in the Family Court and High Court. Gemma regularly advises clients in high value relationship property matters involving complex trust and company structures and has significant experience representing clients at mediation.
