- CPD Points: 1 [PS] [SL]
- Price: $77.00
- Area: Administration of Estates; Companies / Corporations Law; Elder and Succession Law; Estate Planning; Litigation; Succession Planning; Testators' Family Maintenance; Wills
- Delivered: October 2020
Digital Content
- Recording
- Paper (none)
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Description
Family owned businesses are a significant driver of the Australian economy, and routinely intersect with private client legal practice. This is especially the case for lawyers undertaking family law work. Effective succession to “the next generation” can be critical for the continuation and success of these businesses – but what happens to a business if the next generation’s relationship breaks down? Through the prism of the Family Law Act 1975 (Cth) Marcus Turnbull SC and Trevor McKenna, who presented this session as a part of the Litigation Conference 2020, identify family law considerations from an estate planning/succession planning perspective through to what might happen in the event of a relationship breakdown.
Topics include:
- The use of Financial Agreements before, during or after a relationship.
- How the Court treats inheritances and intergenerational transfers of farming or other business interests under the Family Law Act.
- The treatment of loans and trusts and other entities under the Family Law Act.
- The Family Court and the Corporations Act.
- When two is company but three (or more) is a crowd: Third parties in Family Law litigation.
- Tax considerations.
Marcus Turnbull, Principal, Ogilvie Jennings
About the Presenter:
Mr Marcus Turnbull SC was admitted to practice in 1991. He was appointed silk in 2020. Initially Marcus practiced principally in the areas of criminal and industrial law but now specialises in family law, including child support and de facto relationship cases. Marcus is also a Child Representative in the child protection jurisdiction and an Independent Children’s Lawyer in the Family Court and Federal Circuit Court of Australia. Marcus often appears in complex property and children’s matters as counsel in trials and appeals before the Family Court and Federal Circuit Court of Australia. He has been recognised as a pre-eminent and a leading family lawyer in Doyles Guide. He is the Tasmanian representative on AIFLAM. Marcus is a member of the Family Law section of the Law Council of Australia and the Tasmanian Family Lawyers Association.
Trevor McKenna, Senior Associate, Ogilvie Jennings
About the Presenter:
Mr Trevor McKenna has practiced exclusively in family law since 2008. His practice covers all areas of family law with a focus on property and financial matters, and the estate planning aspects of family law, through the preparation of financial agreements. Trevor routinely appears as counsel in the Federal Circuit Court of Australia, the Family Court of Australia and accepts instructions to appear in Family Court of Western Australia, Full Court of the Family Court of Australia, and Guardianship & Administration Board. Trevor accepts appointments as Separate Representative in the Child Protection jurisdiction. Trevor is a case note writer and contributing editor of the Family Law Review Journal, contributing author of the Legal Practice Manual Western Australia. Trevor is past President of the Law Society of Tasmania, and is Chair of the Society's CPD Committee.
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About the Presenter: