Treatment of Trusts in Family Law: New Developments

Overview
Are more trusts now at risk of family law claims?
The 2008 High Court decision in Kennon & Spry set the high-water mark for when a beneficiary’s entitlement in a discretionary trust might be considered to be an asset for family law purposes. In practice, lawyers and judges have tended to limit the interpretation and application of that case to its peculiar factual circumstances.
But several courts – at state and federal level – have recently considered the breadth of Kennon, potentially expanding its practical application to the entitlements of discretionary beneficiaries previously considered protected from family law claims.
This session will:
• remind practitioners of the key points from Kennon & Spry
• provide an analysis of the recent trust cases
• discuss the implications of each decision and how they might apply to your clients
Learning Outcomes:
You will be brought up to date about the important recent cases about trusts and family law claims
Suited to:
Family lawyers, accountants, insolvency practitioners and financial planners
This On Demand includes:
- a recording of the webinar Event which can be viewed multiple times
- a PDF of the presenter’s PowerPoint
- a verbatim Transcript
- any supporting documentation
- a CPD Certificate after successful completion of the Knowledge Quiz
Course syllabus
3 lessons
- Video – Treatment of Trusts in Family Law: New DevelopmentsVideo
- FeedbackSurvey
- Knowledge TestTest
Your presenter
Wendy Kayler-ThomsonForte Family Lawyers
is a partner of Forte Family Lawyers and an accredited family law specialist. She has practised as a family lawyer for almost 30 years.
She is a former Chair of the Family Law Section of the Law Council of Australia, the peak body for Australian family lawyers. Her time as Chair of the Family Law Section coincided with a period of great controversy and unprecedented attention on the reform of family law and the family law system.
Wendy was a member of the Advisory Committee to the Australian Law Reform Commission’s Family Law Review, the most comprehensive review of family law and the family law sector in 40 years.