×

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press "Save" after adding each new registrant.

Registrant 1
First name
Last Name
Email Address
Username ( if known )
NZLS Member or Associate Member?
1x Registrant
Proceed to Checkout

Relationship Property - debts and third party claims 2024 - On Demand

Published: 02-07-2024 CPD hours: 2.00
Price From
NZ $240.00
I have a question View contents page

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $185 - Law Society members and Associate members
  • $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

The Property (Relationships) Act 1976 (PRA) provides a framework for the determination of the division of relationship property of a married or de facto couple. Problems arise when debts or third party interests must be taken into account. This module will provide insight into the way in which third parties, including the Official Assignee of a bankrupt spouse/partner may invoke (or join in existing claims) pursuant to the PRA for their benefit.

This module will:

  • Examine recent case law that has considered the interplay between relationship property disputes and company law, including whether the Family Court has exclusive jurisdiction in disputes between separating couples who have relationship property claims to shares in a company
  • Include methodology for the appointment of independent trustees when trustees of a family trust or estate cannot agree about the operation of the trust or estate
  • Examine claims of resulting trust in favour of third parties against relationship property interests, and the various defences in the Family Court.

Learning objectives

By completing this module you will obtain:

  • Increase your knowledge around the process and identification of property entitlement.
  • Be updated on recent case law and procedure for such claims.
  • Better understand the jurisdictional limits on the courts in terms of property entitlements.

Electronic paper 

Authors: Toni Brown, Bret Gustafson
Published: 2 July 2024
Pages: 33

Introduction

In 2020, Toni Brown and the Honourable Paul Heath KC presented NZLS CLE in short seminar Relationship Property – debts and third parties. That paper was divided into two parts:

(a) part one discussed the position of an Official Assignee with respect to relationship property proceedings; and
(b) part two discussed how third party debtors may have their interests recognised in relationship property proceedings.

In this paper, the writers (Bret Gustafson and Toni Brown) will provide an update on cases mentioned in the previous paper and discuss recent cases where claims by third parties in respect of Property (Relationships) Act 1976 (PRA) matters were determined.

In looking at the question of jurisdiction over relationship property or PRA applications, we discuss the case of Martin v Martin where the Family Court’s jurisdiction and High Court’s jurisdiction to deal with PRA claims was analysed.

Yue v Zhou and W v D and DZ are both PRA claims in the Family Court involve third party claims of a resulting trust by parents to one of the parties. The decision of W v D and DZ raises an interesting question as to the Family Court’s jurisdiction in respect of equitable remedies and defences.

PowerPoint Presentation

These are the slides included in the presentation.

BROWN Toni-43 GUSTAFSON Bret-558  
Toni Brown
K3 Legal
Auckland		 Bret Gustafson
FortyEight Shortland Barristers
Auckland		  

Questions?

In order to assist us in reducing spam, please type the characters you see:

You might also be interested in ...