Webinar Recording - Untangling Discretionary Trusts – A Family Lawyer’s Perspective

Family (Discretionary) Trusts are commonly known as an excellent asset protection vehicle. However, one major exception is when it comes to family law disputes. In recent times, we have seen countless examples of the Family Court looking through the family trust structure with regards to determining marital property and income streams.

In this webinar, Untangling Discretionary Trusts – A Family Lawyer's Perspective, lawyers, Robyn Hadley and Adam Somerville-Brown from the family law practice, Kim Wilson and Co, look at exposing family trust assets and control from a family law perspective.

The Family Court has immense powers to not only look through, but also, modify family trusts. In this one hour webinar, Robyn and Adam look at family trusts from a family law perspective and take you through the process that family lawyers utilise in assessing trusts. Particularly, they will be addressing:

• Whether to treat an interest in a trust as property, a financial resource or neither;
• Questions to ask when reading the trust deed and reviewing trust documents;
• Financial advice required to value a trust and advise your client;
• Accessing trust documents in Family Law proceedings if disclosure orders are required or a subpoena is issued; and
• Key provisions and powers under the Family Law Act 1975 (Cth) to disengage control of a trust

• 5/12/2019 - Webinar Recording - Dealing with Mistakes and Variations in Family Trust Deeds

• 23/10/2019 - Webinar Recording - Accessing Company & Trust Documents in Family Law

• 1/08/2019 - Webinar Recording - Small Business Tax and Financial Risks

• 2/05/2019 - Webinar Recording - Year End Tax Planning

• 13/03/2019 - Webinar Recording - Superannuation: Current status of the proposed changes

• 27/11/2018 - Webinar Recording - Fixing Family Trust Deeds

• 16/10/2018 - Webinar Recording - The who, what, when & how of Family Trust Elections

• 12/09/2018 - Webinar Recording - You’ve Been Served! - How to deal with a family law subpoena

• 8/08/2018 - Webinar Recording - Beneficiary Entitlements in Trusts

• 6/06/2018 - Webinar Recording - SMSF End of Year Essentials

• 19/04/2018 - Webinar Recording - Unit Trust v Family Trust - Which is Better for Investing?

• 8/03/2018 - Webinar Recording - Do Pre-Nups Work Anymore?

• 13/12/2017 - Webinar Recording - When a Will is not Simple

• 26/10/2017 - Webinar Recording - Winding Up Trusts and Tax Consequences

• 19/09/2017 - Webinar Recording - Untangling Discretionary Trusts – A Family Lawyer’s Perspective

• 23/08/2017 - Webinar Recording - Time to Address the SMSF Sleeper - Estate Planning within the fund

• 20/06/2017 - Webinar Recording - Navigating Small Business Restructure Roll-overs

• 6/04/2017 - Webinar Recording - Dealing with Divorce - An Accountant’s Perspective

• 23/02/2017 - Webinar Recording - Understanding the 2017 Superannuation Changes

• 1/12/2016 - Webinar Recording - Estate Planning Basics for Professional Advisers

• 17/11/2016 - Webinar Recording - Are Family Trusts “Done” as an Asset Protection Tool?

• 13/10/2016 - Webinar Recording - Demise of the Accountants’ Exemption - Walking the line, post 1 July 2016

• 13/09/2016 - Webinar Recording - Family Trust v Family Court - Not a marriage made in Heaven

• 10/08/2016 - Webinar Recording - Managing Trust UPEs - How to do it and potential tax exposures

• 31/05/2016 - Webinar Recording - How does the 2016 Budget affect SMSF Trustees?

• 3/05/2016 - Webinar Recording - Avoiding Business Disputes

• 30/03/2016 - Webinar Recording - Pitfalls that SMSF Trustees should avoid

• 23/02/2016 - Webinar Recording - Asset Protection - Dealing with Risk in Hard Times

• 9/12/2015 - Webinar Recording - Trusts Revisited

• 28/10/2015 - Webinar Recording - Know Thy Business Structure

• 23/09/2015 - Webinar Recording - Social Media in the Workplace

• 27/08/2015 - Webinar Recording - The Powers and Problems of Trustees

• 28/07/2015 - Webinar Recording - Tips and Traps for Property Investment in your SMSF

• 27/05/2015 - Webinar Recording - Companies - Things you should know, but probably don’t!

• 21/04/2015 - Webinar Recording - The Pros and Cons of Unit Trusts

• 11/03/2015 - Webinar Recording - Employee Engagement and Share Plans

• 18/02/2015 - Webinar Recording - SMSFs and Related Party Loans

• 19/11/2014 - Webinar Recording - Trusts - Asset Protection on Peptides

• 15/10/2014 - Webinar Recording - Maximising your Business Value

• 25/09/2014 - Webinar Recording - Project Do It - ATO Amnesty Information Session

• 10/09/2014 - Webinar Recording - Private Company Cash - Division 7A Complications for Professional Advisors

• 6/08/2014 - Webinar Recording - Employee v Contractor

• 4/06/2014 - Webinar Recording - The Protected Super Myth’Conception

• 8/04/2014 - Webinar Recording - Trust Tax Issues and CGT Small Business Concessions

• 11/02/2014 - Webinar Recording - Accountant Road Rules for Super

• 19/11/2013 - Webinar Recording - Are you Ready for Bullying in the Workplace?

• 2/10/2013 - Webinar Recording - Investment Restrictions for Self Managed Superannuation Funds

• 5/09/2013 - Webinar Recording - All About Family Trusts

Presenter Robyn Hadley and Adam Somerville-Brown

Robyn Hadley, Consultant & Accredited Family Law Specialist, Kim Wilson & Co

Robyn is an experienced lawyer, working exclusively as a Family Lawyer for over 24 years.

Robyn graduated from the University of Western Australia in 1991 and was admitted to the Supreme Court of Western Australia in 1992 and the High Court of Australia in 1993. She has been practising Family Law since 1992.

Robyn became an Accredited Family Law Specialist in 1999. She has experience in all areas of Family Law, including appearing as an Advocate in the Family Court and instructing Counsel in Trials in the Family Court. Robyn combines her extensive Family Law knowledge with a practical and pragmatic approach to ensure she can obtain the best possible outcome for her client, tailored for each client's specific circumstances.

Robyn is a Member of the Family Law Section of the Law Council of Australia, the Family Law Practitioner's Association of Western Australia and the Law Society of Western Australia.

Adam Somerville-Brown, Lawyer, Kim Wilson & Co

Adam graduated from Murdoch University with a Bachelor of Laws in 2008. Whilst studying, Adam was employed as a Paralegal by an independent statutory body in Perth.

Between 2008 and 2013 Adam was employed by a law firm in East Perth, practicing almost exclusively in the area of Family Law. Adam commenced at Kim Wilson & Co Family Lawyers in August 2013 and was appointed a Senior Associate on 1 May 2015.

Adam was admitted to practice in the Supreme Court of Western Australia on 3 September 2009 and is also on the role of practitioners for the High Court of Australia.

Adam has experience in a wide range of Family Law matters, including De Facto relationships, Property Settlements, Divorce, Children's Issues, Child Support, Spousal Maintenance and Financial Agreements. Adam has experience in dealing with minor civil and criminal matters.

Adam is also a Consultant Author for the CCH database providing legal commentary on Family Law matters in Western Australia.

Adam is a member of the Family Law Practitioners' Association of WA and a member of the Law Reform subcommittee.