Inside Family Law - what small business needs to be aware of

Small Biz Matters – a half hour program each week where you can work ON your business rather than IN it.
with Alexi Boyd from Boyd Office Management Services
Date: 27 November 2018

The Legal System. Small business owners should probably understand it more than we do but we only start diving into it in worst case scenarios. We engage with legal experts only when we NEED it and hope to never have to.

But like all the hats we wear, it’s a good idea to arm yourself with knowledge before it happens rather than when its upon you, or worse still when you have buried your head in the sand and it engulfs you. Today’s program is all about doing just that.

When should small business understand family law?

As business owners, our finances, relationships, and family are all tied in with our work. When that structure breaks down it is disastrous not only for you personally but for your business.

Today’s guest Zoe Durand is an author of the book Inside Family Law - rare & candid conversations with those at the coalface of the family law system. An expert in her field working in the family law system for over a decade specialising in mediation. She is joined by Mark Lipsen from Hall Chadwick and here to share their experiences, knowledge and tips of dealing with the mess when small business and family law collide.

Welcome to the show Zoe & Mark.

Topics we’ll be covering:

• Overview - the fact that a business can be part of the asset pool and the duty to fully disclose all financial documents.
• The process for valuing a small business including the parties agreeing on an expert, step by step how the expert business valuer/ forensic accountant will value the business, methodology, documents to the valuer and the valuer meeting with the parties.
• What if you disagree or want to challenge a business valuation - adversarial experts, cross examination of the expert valuer
• Discussion of possible options if both parties were involved in the business. Should both parties remain in the business after separation? Or safe guards that can be put in place should one party step back from the business.
• The Court's cross referral powers - ie the fact they can refer parties to the DPP and ATO if there has been tax fraud (I have seen this come up sometimes in matters where small businesses are involved). I.e. one should always be 'squeaky clean.'
• Tracking hidden monies / assets.

About the Book -

Inside Family Law - rare & candid conversations with those at the coalface of the family law system

Inside Family Law opens wide the behind the scenes real world of the family law system. It is the first family law book to offer readers never before published interviews with those who work at the coalface of family law throughout Australia.

Interviewees include: Judge Joe Harman, The Honourable Justice Peter Rose AM QC, Former Federal Circuit Court Judge Stephen Scarlett OAM RFD, Former Federal Circuit Court Judge  Robyn Sexton, Dr Antony Milch, Alison O’Neill, Linda Campbell, Brian Pickup, David Bird, Mark Lipson, Trevor Tockar, Tom Hutchings, David Barry, Cristina Huesch and Stephen Page.

Due the week of 22 October 2018, Inside Family Law is available for PRE-ORDER now at www.mediationanswers.com.au  For pre-order only there will be free shipping AND $1 to Justice Connect per purchase (an organisation which, amongst many  things, facilitates pro bono legal services and works to change unfair laws).

Equal parts law, practical teachings and raw humanity, Inside Family Law gives readers the opportunity to pick the brains of the leading minds who work in all areas of family law including: Family Court and Federal Circuit Court Judges, family lawyers, barristers, expert psychiatrists, clinical psychologists, family consultants, family therapists, children’s contact supervisors, specialist forensic accountants, expert business valuers, expert real property valuers and wealth management advisers, all of whom share their best insights and strategies from the vantage point of their particular profession.

Importantly Inside Family Law also includes (anonymised) raw and honest firsthand accounts of those who have navigated the process, including children’s stories.

Controversial, topical, insightful and practical, Inside Family Law covers parenting and property matters, Court and settlement processes.

If you are interested in speaking with me further about the book pls contact 0435595400.

This book offers readers the closest experience to having a fireside chat with Judges and other usually "media shy" individuals. I was only able to obtain these interviews due to my having worked in the field for years.

To find out more go to their website: https://www.mediationanswers.com.au

ZOE DURAND BIOGRAPHY

ZOË DURAND has a wealth of experience, having worked as a lawyer since 2007, primarily in family law private practice at the coalface of the family law system.

Prior to changing the direction of her career to focus on family law, Zoë worked at leading national and international commercial law firms HWL Ebsworth and K&L Gates, giving her a financial acumen that is highly desirable in family law property matters. Additionally she has worked as a Court Appointed Independent Children’s Lawyer, giving her an insight into the needs and perspectives of children, which is sought after in parenting matters.

Zoë is a principal at Mediation Answers and is currently focusing on her work as a mediator. She is both a Nationally Accredited Mediator and Family Dispute Resolution Practitioner (FDRP). Zoë is also a trained Collaborative lawyer, holds a Masters of Applied Family Law (The College of Law) and also a Bachelor of Law Degree and Bachelor of Arts Degree (first class honours in Sociology) from UNSW.

Zoë has authored the family law case notes for the NSW Law Society Journal and opinion pieces for Lawyers Weekly and other media. She is often featured in the media for her insights on topical family law issues, including ABC and Sydney Morning Herald, The Australian and Ch 10.

Zoë is the co-founder of a professional and business networking organisation which has hosted talks from Judges, Court experts and leading lawyers in family law. She is a member of the Family Law Section of the Law Council of Australia, the Women Lawyers Association of NSW, the Asian Australian Lawyers Association and the French Australian Lawyers Society. She holds dual Australian and Taiwanese Citizenship and French permanent residency.

Prior to her admission as a solicitor Zoë worked at Kingsford Legal Centre and Youth Law Australia, which empowers children and young people with legal advice and information and works to promote their human rights. She continues to be passionate about this purpose.

MARK LIPSON, DIRECTOR Hall Chadwick

BIOGRAPHY

Mark Lipson is a Director at Hall Chadwick Melbourne and leads the forensic accounting and business investigations team. His work includes consulting in Family Law property settlements and Commercial disputes.

He is a Fellow of the Institute of Chartered Accountants in Australia and a Fellow of CPA Australia. Mark has acted as a Commercial Arbitrator since 1992.

He holds a Bachelor of Business and a Bachelor of Education (Economics).

PRACTICE FOCUS

Over his 24 year career as a forensic accountant, Mark is highly regarded for his experience in providing expert witness reports and giving evidence in court.

The Hall Chadwick Forensics practice specialises in providing forensic services to family, commercial, wills and deceased estate legal practitioners.

PROFESSIONAL HONORS

Mark was selected to become a member of the Victorian Civil and Administrative Tribunal (VCAT) in the Legal Practice List. He has also been selected to be a member of the Institute of Chartered Accountants Professional Conduct Tribunal.

Mark sits as an independent director at Aboriginal Housing Victoria. He also lectures to lawyers in all areas of Forensic accounting. Mark has also been sought after as a guest speaker at conferences due to his strong standing in his field.

To find out more go to their website: www.hallchadwickmelb.com.au