Webinar Recording - Family Trust v Family Court - Not a marriage made in Heaven

Family Trusts are widely known for their asset protection benefits. However, when it comes to family disputes, the Family Court has extraordinary powers to look through the Family Trust structure. Very few Trustees and their advisers comprehend exactly how far these powers go with respect to accessing and modifying Trusts.

With so much wealth tied up in Trust structures, Trust property often proves a fertile battleground with the competing rights of beneficiaries against the Courts accessing what it considers “marital property”. Forget creditors or the ATO, the Family Court is the Family Trust’s biggest enemy when it comes to busting Trusts.

In this Webinar, specialist family lawyer, Paula Wilkinson, will look at the powers of the Family Court in relation to Trusts and how our understanding of the modern Family Trust has been shaped by recent decisions in the High Court.

In her presentation, Paula will address:

• Discretionary Trusts and the management of a Trust;
• Powers of the Family Court in relation to Trusts;
• How parties to Family Court proceedings access documents relating to a Trust;
• The High Court in Kennon v Spry and the law following; and
• Beneficiary loans and UPE’s.

Understanding how the Family Court interacts with Trusts is vital for anyone who advises clients on Trusts. This webinar is suitable for Trustees and their professional advisers and is pitched at an intermediate level. It assumes a basic knowledge of the Trust Structure and the concept of Trust Property.

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Presenter Paula Wilkinson

Paula is a founding Director of specialist Family Law Firm, Kim Wilson & Co and has been recognised by her peers as a Leading Family and Divorce Lawyer in the 2015 Doyle’ Guide Rankings, October 2015.

Paula is a graduate of the University of Canterbury, New Zealand and an Accredited Specialist Family Lawyer (NSW). In 2012 Paula completed a post graduate course, the Master of Applied Law (Family Law) through the New South Wales College of Law.

She is an adjunct lecturer teaching graduate courses for the LL.M (Family Law) (NSW College of Laws Australia) teaching FLP2 (Property Maintenance & Child Support) and FLP12 (Advanced Issues in Property Maintenance & Child Support).

Paula has given papers at conferences by invitation for Accountants, for the Conference Law on the Lounge (Bali) and at the University of Western Australia Law Faculty as a Guest Speaker to the students in the Advanced Family Law Unit.