CHRISTINA SPIVAK

• Assisted partners and senior lawyers with litigation matters, primarily in insolvency, property disputes and strata.
• Drafted pleadings, correspondence and letters of demand for review.
• Conducted legal research and case analysis for partners and barristers.
• Briefed barristers and liaised with clients and experts regarding case progress and evidence.
• Assisted in mediations and settlement negotiations.
• Conducted client meetings for fact gathering purposes.
• Supported defence of insolvent trading and unfair preference claims.
• Drafted bankruptcy notices.
• Supported defence of proceedings involving alleged breaches of directors’ duties.
• Assisted in negotiating termination of management agreements.
• Assisted in acting for lot owners in disputes with owners corporations regarding building defects and rectification liability.
• Assisted in managing disputes and proceedings arising from alleged breaches of contract.
• Supported partners in acting for insured parties in disputes involving underpaid or denied claims, including drafting Deeds of Settlement and Release.
• Prepared and lodged objections to Vacant Residential Land Tax assessments in Victoria under supervision.
• Attended court for directions hearings.

• Reviewed and drafted by-laws under supervision.
• Assisted in advising on building defects under supervision.
• Assisted with drafting management agreements.
• Assisted with negotiating termination of management agreements.
• Assisted with extinguishment, implementation and drafting of easements and caveats under supervision.
• Assisted with conversion of company title to strata title.
• Conducted legal research and case analysis for partners.
• Assisted with preparing and registering dealings on PEXA.

General Private Client Work:

• Acted for trustees, executors, beneficiaries and charities on a wide range of trust matters.
• Drafted an extensive range of documents, including Deeds of Trust, Wills and Enduring Powers of Attorney.
• Advised clients on the formation, modification and termination of trusts.
• Advised beneficiaries on their options re appointment and removal of trustees.
• Examined and explained trust provisions to the trustees and beneficiaries, including instructions for the management of trust assets, distribution of the trust fund, timelines and conditions.
• Acted for beneficiaries in undue influence and lack of capacity cases.
• Gave guidance around the Family Protection Act and Property (Relationships) Act.

Act:

• Advised trustees on self-dealing and general managing of trust assets.
• Managed my own caseload and assisted partners on complex matters.
• Considered whether the clients’ existing wealth protection structures are tax efficient by comparing the clients’ personal tax rate, the trusts’ tax rate and the companies’ tax rate, whilst taking into account any accumulated imputation credits and tax losses.
• Advised on the tax implications of transferring assets in and out of trusts/resettling trusts, accounting for the continuation rules for tax losses and imputation credits, the capital gains tax and the related timeframes, any Relationship Property Agreements in place, associated persons rules and depreciation recovery.
• Considered the tax implications of gifting to a trust.
• Established the trusts’ tax status (complying or non-complying trust) and identified cross border tax issues if clients were residents of another country or lived overseas, or if property held by the trust was situated overseas.
• Whilst I mainly worked with domestic trusts, I also had exposure to foreign trusts (with a non-New Zealand settlor), and advised domestic clients on the potential tax implications that may be triggered as a result of them moving overseas.

Estate Planning:

• Established whether a trust is fit for purpose based on the client’s creditor risk, relationship property status, relationships within the family and regulatory considerations, such as residential care subsidies and other benefits.
• Work included the formation of trusts and
  transfer of assets into a trust for high risk individuals (e.g., construction company directors and financial advisors), review of any Family Arrangement Agreements/Relationship Property Agreements/Property Sharing Agreements, calculating a client’s eligibility for residential care subsidy, as well as capital and income caps on existing benefits.

Regulatory Compliance:

• Drafted the firm’s trust precedents in light of the regulatory changes surrounding the Trusts Act 2019, including the Deed of Trust.
• Established a trust review process to bring the firm’s existing trusts up to a compliant standard under the Trusts Act 2019.
• Created a new Annual Trust Review Service to fulfil the ongoing trustee duties under the Trusts Act 2019.
• Responsible for bringing over 1,500 trusts up to a compliant standard under the new act.

Conveyancing:

• Carried out simple sales and purchases of properties.
• Conducted refinancing, registration and discharge of mortgages.
• Advised clients on loan agreements and guarantees.
• Proficient in Land Online New Zealand.

Mentoring:

• Educated and trained lawyers and legal executives in the firm on the provisions and new compliance requirements under the Trusts Act 2019.
• Mentored legal executives on various tasks relating to trusts, conveyancing and wealth management.

• Advised clients on various trust and wealth management matters, including formation, administration, restructure, wind-ups, and regulatory considerations.
• Drafted numerous documents, such as Deeds of Trust, Shareholders’ Agreements, Wills, Enduring Powers of Attorney, Property Sharing Agreements and Relationship Property Agreements.
• Authored informative articles on trust, wealth management and tax related topics for a local magazine.
• Trained a junior lawyer.

• Advised on a range of complex trust and wealth management matters.
• Managed a team of five Trust Specialists.
• Assisted directors in driving strategic initiatives and streamlining operations.
• Contributed to business development and marketing efforts.

• Conducted interviews with clients and created case files.
• Assisted lawyers with research on a wide range of practice areas.