Adding Value: Strategies for advising a family business

Date: Friday 30th April, 2010
Time: 7.30am-9.30am (Registration and Breakfast from 7.15am)
Venue: Aria Bar & Ristorante, cnr Greenhill & Fullarton Roads, Eastwood (parking on site)
CPD HRS: 2

The failure to plan for transfer to the next generation often leads to major legal and personal disputes such as those
reported in the local press for several well known family businesses. These problems often occur, for example where:

  • there is a family business;
  • the family has little or no common understanding on how to pass control to future generations;
  • the next generation does not understand how it will continue to build the business;
  • and the current generation has failed to consider how to hand over control while becoming financially independent of the business.


The role of the lawyer is or should be a vital one, often acting as part of a team of accountants, financial planners and others in educating and advising your clients. If you get it right, your clients will appreciate the "value adding."


This session will assist you to identify potential problems and to advise your clients on these issues where the immediate advice sought is about something else, such as his/her Will, a dispute with a parent or sibling, passing the enterprise to the next generation or a binding financial agreement.


The session consists of two lectures and a panel discussion, is aimed predominately at lawyers and will focus on:

  • the many issues in advising your clients on transferring their wealth and family business to future generations;
  • the vital understanding of family dynamics;
  • practical processes and solutions to be used in advising your clients to reduce disputes and achieve harmonious transfers of intergenerational businesses;
  • and issues in working with other advisers and methods for providing cohesive multi disciplinary advice to the client.


Our speakers and panel members are experienced in advising on family and businesses "estate and succession issues", with contemporary experience in litigation of estate planning and trust administration issues.


David Haines QC TEP practises mainly in succession law and equity and has appeared in many cases concerning family disputes. He is the author of „Succession Law in SA‟; „The Construction of Wills in Australia‟ and has recently published a loose-leaf service in respect of the Uniform Australian Succession Laws and is part of the Editorial Board of Law Reports published by Thomson Reuters entitled "Australian Succession and Trust Law Reports".


Dr Jill Thomas BA (ANU), MBA (U of A), PhD (UniSA), Senior Lecturer in the Business School, University of Adelaide, Board Member of Family Firm International, and Family Business Australia, and accredited Family Business Adviser.


Michael Perkins Solicitor - NSW TEP Special Counsel Diamond Conway, author and lecturer in Estate Planning at Sydney‟s University Of Technology (UTS) and an Accredited Family Business Adviser.


Rosemary Freney BA; Dip Ed; GCFT, Counsellor & Family Therapist Family Systems Consultant Bower Place, an Accredited Family Business Adviser counselling families in succession and she is a member of a family that has succeeded in a succession.


Marie Shaw QC has recently retired from the District Court of South Australia, resuming practice as a barrister. She appeared in the leading cases of Barnes v Barnes in the High Court on will litigation and the Pope v DR Pope Nominees Pty Ltd, on discretionary trusts.


The session is chaired by Michael Fox TEP, FCA, FTIA, a very experienced chartered accountant who is an Accredited Family Business Adviser.

 

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