Family Law: Relationship Property, Trusts and Section 21F Claims

Even the most skilled specialists face challenges when handling property settlements in complex relationships property matters. Gain insight into navigating the complications of companies, businesses and family trusts in property matters plus the essentials to prevent potential complications that might arise from contracting out agreements or s44 dispositions created to bypass relationship claims. Get these tips plus review the courts' traditional treatment of s13 exception to equal sharing.

Thursday, 22 June 2023
11.15am to 12.15pm S44 Dispositions to Avoid Property Relationship Claims

 

  • Recent case law
  • Considering how the courts are dealing with property placed in trust to avoid property relationships claims

Presented by Helen Tyree, Director, McWilliam Tyree

Chair:

Lynda Kearns KC, Bastion Chambers

10.00am to 11.00am Contracting Out Agreements, Avoiding the Pitfalls

 

  • Drafting errors
  • Future proofing agreements, as best we can
  • How to avoid potential claims pursuant to Section 21F of the Property (Relationships) Act1976

Presented by Simon Jefferson KC and Kristina Dunne, Senior Associate, Haigh Lyon Lawyers

Description

Attend and earn 4 CPD hours

9.00am to 10.00am Dealing with Companies and Businesses in the Context of Relationship Property Matters

 

Review the structure of Family trusts with shares in the family company and/or business and the issues that may arise for parties including:

  • Structures adopted for operation and management of family company or business
  • Accounting approach to entities, including intermingling and related party transactions, the use of beneficiary current accounts and shareholder current accounts
  • Evaluation of financial records pre and post separation
  • Discovery of documents and instruction of financial experts

Presented by Penelope Stevenson, Barrister, Foundry Chambers and Matthew Kemp, Partner, Gerry Rea Partners; Chartered Accountant and Licenced Insolvency Practitioner

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm S13 Exception to Equal Sharing

 

  • Review of how s13 claims have traditionally been treated by the Courts
  • Circumstances where the ‘repugnant to justice’ threshold could be met
  • Recent case law

Presented by Stuart Cummings SC and Amy Malone, Barrister, Surrey Chambers

Learning Objectives:

 

  • Learn how to deal with companies and businesses in the relationship property matters
  • Know the pitfalls and how to avoid them when drafting contracting out agreements
  • Get up to date on the most recent case law on s44 dispositions
  • Understand how the courts have treated s13 claims and recent case update

Presenters


Ms. Lynda Kearns KC, Bastion Chambers
Lynda Kearns has been a specialist in all aspects of family law for many years. Her practice primarily relates to cases involving relationship and Trust property as well as estate matters, including family protection claims. She advises on custody, access, Hague Convention cases and maintenance, including spousal maintenance. She has particular expertise in the area of child support. She has senior counsel for the child status and is routinely appointed to act for children, as counsel to assist the Court or as amicus. She has presented numerous seminars on a variety of property and Trust related issues and matters relating to children. She has been appointed to numerous Law Society committees and chaired the ADLS Family Law Subcommittee.


Ms. Penelope Stevenson, Barrister, Foundry Chambers
Penelope Stevenson is a property law specialist. She provides legal advice and litigation services to clients dealing with disputes in the areas of relationship property, estates, and trusts. Penelope is a member of the NZ Law Society, NZLS Family Law Section, NZ Bar Association, and International Bar Association. She was admitted to the Bar in 1983.


Mr. Matthew Kemp, Partner, Gerry Rea Partners
Matt joined Gerry Rea Partners in February 2012 as an Insolvency Manager, specialising in both solvent and insolvent liquidations. Most recently Matt was the New Zealand Tax Manager for Fonterra Co-operative Group Limited, one of many roles he has assumed in his years as a specialised accountant. Upon joining Gerry Rea Partners, Matt brings 10 years of trans-Tasman experience having worked as an accountant specialising in tax advisory and compliance for two of the “Big 4” accounting practices and also as an in-house tax advisor for numerous large corporations. Matt’s experience before joining Gerry Rea included providing tax consulting and compliance services to a diverse range of entities and individuals. This included preparing or completing both direct and indirect tax filings accurately and on time. Matt has also been actively involved in tax risk management, overseeing audits and reviews by tax authorities as well as undertaking risk review projects monitoring business activities and transactions and implementing risk mitigation plans. Through his time at Gerry Rea, Matt has been involved in a number of liquidation assignments thus far for a range of business types due to his extensive tax consulting experience. Matt has spent time advising on the tax implications of business transactions, acquisitions and divestments, new company set-ups and structures and the tax implications of restructuring activities including liquidations and amalgamations. Matt has also developed hands on experience in accounting and reporting for non-profits having held responsibility, on a voluntary basis, for the accounting functions of both a non-profit organisation and a charitable trust. On 1st April 2014, Matt became a Partner at Gerry Rea.


Mr. Simon Jefferson KC
Simon Jefferson has had more than 38 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 and the Court of Appeal. 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 is editor of the Practice and Procedure Manual for Thomson Brookers. He has also contributed to a number of publications including the Ethics in Practice Guide (A Guide for Counsellors), and presented papers at conferences in New Zealand, the United States, Australia and Cambodia.


Ms. Kristina Dunne, Senior Associate, Haigh Lyon Lawyers
Kristina is a Senior Associate in the family team at Haigh Lyon Lawyers in Auckland. She graduated from Otago University in 2013 and began her career working for an experienced family law barrister, before moving to a specialist family law team in Auckland city. She spent three years working in London, before returning to New Zealand and joining Jennie Hawker and Amanda Donovan’s family team at Haigh Lyon in 2020. Kristina specialises in relationship property, spousal maintenance, and parenting and guardianship disputes. She is a member of the Family Law Section, Auckland Women’s Lawyers Association and has been ranked by Doyle’s Guide (Australia’s independent legal directory of leading lawyers) as one of New Zealand’s relationship property and family law rising stars consecutively since 2022.


Ms. 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 undertakes regular appointments as lawyer for child and as lawyer for subject persons under the Protection of Personal and Property Rights Act. 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). From 2003 she worked in firms in Taranaki specialising in family law before joining McWilliam Rennie in 2014.


Mr. Stuart Cummings SC, Surrey Chambers
Stuart Cummings commenced practising law in 1979 as an old-fashioned "law clerk" while completing his law degree. He was admitted in May 1982 and has practised, in the earlier days, in a number of jurisdictions before specialising in Family Law in the late 1980s. Over the past 30+ years that family law focus has further narrowed to a predominance of work in the relationship property area, including trusts, companies and complex disputes. Stuart has practiced as a Barrister sole since 1990, spent some years as a contributing author for Brookers Family Law on family property and is convenor of the Auckland District Law Society Family Law Committee and Chair of the Family Courts Association, Auckland.


Ms. Amy Malone, Staff Barrister, Surrey Chambers
Amy has over 20 years’ experience as a litigation and dispute resolution lawyer. For the past 7 years, Amy has worked alongside Stuart Cummings at Surrey Chambers, specialising Family Law. Amy has particular expertise in relationship property and care of children matters, and regularly represents clients in proceedings before the Family and High Courts.

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Family Law: Relationship Property, Trusts and Section 21F Claims

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Single Session
Thursday, 22 June 2023
to Pacific/Auckland
CPD Hours 4
4
$420.00
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