Queensland Law Society
Hilton Brisbane Hotel

Friday 25 July 2014

Jointly presented by Queensland Law Society and Society of Trust and Estate Practitioners (STEP) Queensland Branch, this one day event marks the 100 year anniversary of the introduction of family provision legislation in Queensland, under the Testator’s Family Maintenance Act of 1914.

Expert practitioners and members of the judiciary will present perspectives on aspects of this legislation, including testamentary dispositions and managing family provision applications in small estates. This legislation has had a significant impact on the ability of courts to intervene when eligible applicants have been left without adequate provision by a deceased person. 

Sessions will have relevance for both experienced and generalist practitioners who practise in succession, family, and personal injuries law, and in general litigation.

The day will conclude with an opportunity to connect with colleagues and peers over refreshments. 


6.5 CPD points
Practice Management & Business Skills
Professional Skills
Substantive Law
QLS / STEP Member
$625 Earlybird
$780 Standard
Non-member
$815 Earlybird
$1015 Standard


Feedback form competition T&Cs

Earlybird closes 27 June

Registration closes 22 July


Program

8.15am

Registration

8.40am

Welcome remarks

Presenter:
Dr John de Groot, Special Counsel, de Groots wills and estates lawyers and Accredited Specialist (Succession Law) – Qld

8.45am

Family provision – Its past, its future

Justice Alan Wilson will provide a brief snapshot of the history of family provision legislation and potential future directions.

Presenter:
The Honourable Justice Alan Wilson, Supreme Court of Queensland
Chair:
Dr John de Groot, Special Counsel, de Groots wills and estates lawyers and Accredited Specialist (Succession Law) – Qld

9.20am

The death of the testamentary disposition

This panel session presents a review by three members of the judiciary on the first Queensland family provision cases and asks ‘Would they be decided differently today?’

Panellists:
The Honourable Justice Debra Mullins, Supreme Court of Queensland
The Honourable Justice Martin Daubney, Supreme Court of Queensland
The Honourable Justice Duncan McMeekin, Supreme Court of Queensland
Chair:
Glenn Dickson, Barrister, Queensland Bar

10am

Morning Tea

10.30am

Stream 1A

Double headed eagles and family provision claims

What estate lawyers can learn from heraldry when considering conflict of law or cross border issues in family provision applications.

Presenter:
Judy Hayward, Principal, Hayward & Co Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Bruce Nickel, Retired barrister and co-author of Family Provision in Australia

Stream 1B

Disclosure in family provision applications

To what extent does an applicant have to disclose their finances? What about their spouse’s finances? Interests in discretionary trusts? Does a beneficiary have to disclose their finances?

Presenter:
Mehera Saunders, Solicitor and Accredited Specialist (Succession Law) – Qld
Chair:
Tim Whitney, Consultant, McCullough Robertson Lawyers and Accredited Specialist (Succession Law) – Qld

11.30am

Stream 2A

Compromising family provision applications

It is common for family provision cases to be settled by negotiation or at mediation. This session will examine:

  • When is a sanction required?
  • When are final orders of the court required and why?
  • The practical aspects of applications for sanction and/or final orders.
Presenter:
Lee Nevison, Barrister, Queensland Bar
Chair:
Bruce Nickel, Retired barrister and co-author of Family Provision in Australia

Stream 2B

What’s new? Recent case update

This session will discuss recent family provision cases, including:

  • claims by particular applicants such as adult children, stepchildren, second and subsequent spouses, disabled applicants, and drug addicted applicants
  • costs – do they always come from the estate?
Presenter:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Chair:
Mehera Saunders, Solicitor and Accredited Specialist (Succession Law) – Qld

12.30pm

Lunch

1.30pm

Stream 3A

Professional negligence in family provision applications

This session explores aspects of potential negligence including the liability of a solicitor who fails to advise a will maker regarding a possible FPA against their estate, or who fails to advise an eligible applicant of a possible claim.

Presenters:
Christine Smyth, Partner, Robbins Watson Solicitors and Accredited Specialist – Succession Law (Qld)
Chair:
Lee Nevison, Barrister, Queensland Bar

Stream 3B

What’s wrong with your supporting affidavit?

This session will provide practical tips for preparing effective affidavits.

Presenter:
Tim Whitney, Consultant, McCullough Robertson Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Angela Cornford-Scott, Accredited Specialist (Succession Law) – Qld

2.15pm

Stream 4A

When time is of the essence

This session will address:

  • out of time applications
  • time limits in family provision applications
  • protection for personal representatives:
    • risks to the executor who distributes an estate prematurely
    • what are the remedies?
  • what happens when the applicant dies?
Presenter:
Roger Traves QC, Barrister, Queensland Bar
Chair:
Jeneve Frizzo, Special Counsel, O’Connor Law and Accredited Specialist (Succession Law) – Qld

Stream 4B

Representing incapacitated beneficiaries

This session will address issues in relation to minors and incapacitated applicants, the executor, and the litigation guardian, including:

  • when do incapacitated beneficiaries need separate representation?
  • balancing competing needs
  • cost considerations.
Presenter:
Rebecca Treston QC, Barrister, Queensland Bar
Chair:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld

3pm

Afternoon Tea

3.20pm

Managing family provision applications in small estates

This session will cover the following aspects of handling small estates, and will also provide an opportunity for you to submit questions on notice to the panel.

  • What are the obligations of the parties and their lawyers?
  • How can conflict issues be addressed when representing multiple parties?
  • Can Part 4 be amended to make it work better in small estates?
  • Proposals for law reform.
Panellists:
Rebecca Treston QC, Barrister, Queensland Bar
Tim Whitney, Consultant, McCullough Robertson Lawyers and Accredited Specialist (Succession Law) – Qld
Jeneve Frizzo, Special Counsel, O’Connor Law and Accredited Specialist (Succession Law) – Qld
Chair:
Mark Crofton, Deputy Public Trustee and Official Solicitor to The Public Trustee Office of Queensland

4.15pm

Addressing interstate differences and family provision law reform

This session will discuss:

  • a comparison of family provision legislation throughout the Australian States
  • addressing the differences that remain between the States
  • possible future law reform.


Presenter:
The Honourable Justice Roslyn Atkinson, Supreme Court of Queensland
Chair:
Angela Cornford-Scott, Accredited Specialist (Succession Law) – Qld

4.55pm

Closing remarks

Presenter:
Ian Brown, President Queensland Law Society and Accredited Specialist (Personal Injuries) – Qld

5pm

Networking drinks