Queensland Law Society

Succession and elder law conference

2-3 November 2018 | Surfers Paradise Marriott Resort and Spa

The Succession and elder law conference is a two-day ‘must attend’ event for any solicitor practising in the areas of succession or elder law. The conference offers thought-provoking plenaries and two concurrent ‘Life’ and ‘Death’ streams, allowing you to select topics that are relevant to your practice.

Earlybird closes Friday 5 October

Registration closes Tuesday 30 October

10 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$1,027 Both-days earlybird
$1,290 Both-days standard
$652 Day 1 only earlybird
$817 Day 1 only standard
$375 Day 2 only earlybird
$473 Day 2 only standard
Non-member
$1,693 Both-days standard
$1,067 Day 1 only standard
$626 Day 2 only standard
Group registration offer

Register four people from the same organisation at one event, the fourth is registered at 50% of the standard price.

Conference Gala Dinner

Inclusive for Both Day delegates only. Day only registrations do not include a Conference dinner ticket. Tickets can be purchased for $155 (member) and $165 (non-member).

Feedback form competition terms and conditions

Trade passport competition terms and conditions


Program


Friday 2 November

6 CPD points

8.30am

Registration

9am

Welcome remarks

Presenter:
Ann Jansen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld
Chloe Kopilovic, Councillor, Queensland Law Society and Senior Associate, FC Lawyers

9.20am

Wealth and tax in challenging times

The world is facing the perfect storm of rising life expectancies and governments who are short of money. Longevity can mean that accumulated wealth in retirement may need to be diverted from inheritance for the next generation, to sustenance for ourselves in response to later life health and aged care needs. Investment guru, Noel Whittaker, will address the issues and opportunities this creates for financial advisers and lawyers.

Presenter:
Noel Whittaker AM, Author, Making Money Made Simple; Journalist and Television and Radio Presenter
Chair:
Chloe Kopilovic, Councillor, Queensland Law Society and Senior Associate, FC Lawyers

10.20am

Morning tea

10.45am

Stream 1A - Life

Testamentary trusts and getting them right

Testamentary trusts are an essential tool in the practitioner’s toolbox, but they must be drafted correctly to achieve their objects. In this session learn everything you need to know about the key issues and risks when drafting testamentary trusts, covering:

  • beneficiaries
  • default beneficiaries
  • trustee powers
  • conflict clauses
  • succession clauses.
Presenter:
Nathan Yii, Principal Lawyer, Nathan Yii Lawyers and SMSF Specialist Advisor
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

Stream 1B - Death

Download this! Facebook, Snapchat and Selfie wills

There is a growing prominence of applications for eDocuments to be admitted as Informal Wills under s18 of the Succession Act. This session will cover:

  • mobile phone, video and DVD wills
  • online wills
  • recent cases.
Presenter:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Chair:
Brian Herd, Partner, CRH Law and Deputy Chair, Queensland Law Society Elder Law Committee


11.45am

Stream 2A - Life

Get ready for a Super work out

SMSF specialist Katie Timms will take you through the obstacle course of SMSF estate planning, using a case study to give you deeper insights and tips on:

  • estate planning strategies
  • reversionary pensions/binding death benefit nominations/death benefit rules – which one?
  • who gets control on death/incapacity
  • how the new transfer balance caps impact the plan
  • CGT, stamp duty and lumpy assets.

Katie will also provide you with a handy SMSF Estate planning checklist.

Presenter:
Katie Timms, National Director, Superannuation & SMSF Services, RSM Australia
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

Stream 2B - Death

Estate administration – practical tricks and tips

Avoid the potholes in the road of estate administration! Our expert presenter will offer guidance, practical tips and checklists to ensure your estate administration journey is smooth driving all the way. This session will deal with:

  • probate – when to get it and when not to
  • transferring property – to a beneficiary or legal personal representative?
  • distributions and interim distributions
  • time limits
  • estate administration expenses, pricing and costs agreements.
Presenter:
Prue Poole, Principal, McInnes Wilson Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Brian Herd, Partner, CRH Law and Deputy Chair, Queensland Law Society Elder Law Committee


12.45pm

Lunch

1.30pm

Stream 3A - Life

From love to perpetuity – legislative update

Take an in depth look into recent changes in legislation and find out how these amendments will apply in your day to day practice:

  • same sex marriage amendments – Marriage Act 1961 (Cth)
  • the (proposed) changes to the Guardianship and Administration Act 2000 (Qld)
  • Succession Act 1981 (Qld) – revocation with de facto relationships and civil partnerships.
  • the (proposed) changes to the Property Law Act 1974 (Qld) (rule against perpetuities).
Presenter:
Jennifer Sheean, Barrister, Queensland Bar
Chair:
Chris Sheath, Legal Practitioner Director, Chris Sheath & Associates Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 3B - Death

A better way? Collaborative Practice in contested estates

Collaborative Practice has been used successfully in family law matters for over 20 years to minimise conflict and reach non-litigated settlements. Succession practitioners are now also looking to Collaborative Practice as an alternative and possibly better way to manage contentious estate matters.

Join our experienced presenters as we discuss the when and how of the Collaborative Practice process and consider where it differs from traditional mediation and compares to the litigation process. You will work through a case study to understand the Collaborative Practice process and assess the benefits for all parties involved - including the lawyers!

Presenters:
Zinta Harris, Principal, Harris Law, Accredited Specialist (Succession Law) – Qld and Accredited Specialist (Business Law) – Qld
Ann-Marie Rice, Director, Rice Naughton McCarthy; Principal Mediator, Rice Mediations & Dispute Resolution; Accredited Specialist (Family Law) – Qld and Member, Queensland Law Society Specialist Accreditation Family Law Advisory Committee
Chair:
Michele Sheehan, Senior Counsellor, Queensland Law Society; Principal, enTrust Law; Principal, Sheehan & Co; Accredited Specialist (Succession Law) – Qld; Accredited Specialist (Family Law); Member, Queensland Law Society Specialist Accreditation Succession Law Advisory Committee and Deputy Chair, Queensland Law Society Succession Law Committee


2.30pm

Stream 4A - Life

Taking on the giants – aged care litigation

Stories of appalling clinical outcomes and alleged avoidable deaths in our aged care facilities fill the nightly news and current affairs bulletins. In a younger demographic, we would expect such incidents to result in negligence claims. Yet aged care litigation is uncommon. Our experienced presenter has run numerous claims against residential aged care facilities in NSW, and will discuss:

  • types of injuries
  • defences
  • structure of claims
  • damages
  • case studies
  • the value of litigation.
Presenter:
Catherine Henry, Principal, Catherine Henry Lawyers
Chair:
Chris Sheath, Legal Practitioner Director, Chris Sheath & Associates Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 4B - Death

Tales from the dark side: de facto and dependency claims after death

The definitions of dependent and de facto spouse vary across the differing pieces of legislation applicable when considering a potential claim in the event of death. These variations can become particularly acute when advising de facto spouses or surviving family members about entitlements and benefits flowing from a claim involving dependency (personal injury), wrongful death, workers compensation, superannuation death benefits or estate administration.

Our presenters will review the circumstances around these types of claims and provide guidance as to what you should be advising your clients. The session will consider:

  • the current state of legislation in relation to dependents and de facto spouses in the event of death
  • the range of dependency claims that can be made
  • tips for collating, assessing and presenting evidence in relation to claims of dependency, and de facto relationships.
Presenters:
Trudy Naylor, Barrister, Queensland Bar
Naomi de Costa, Special Counsel, Maurice Blackburn Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Michele Sheehan, Senior Counsellor, Queensland Law Society; Principal, enTrust Law; Principal, Sheehan & Co; Accredited Specialist (Succession Law) – Qld; Accredited Specialist (Family Law); Member, Queensland Law Society Specialist Accreditation Succession Law Advisory Committee and Deputy Chair, Queensland Law Society Succession Law Committee


3.30pm

Afternoon tea

4pm

FPAs in small estates – what you need to know

We are delighted to welcome the Honourable Duncan McMeekin, who will share his knowledge and insights on FPAs in small estates, including the challenges they bring for practitioners:

  • what is a small estate?
  • summary dismissal – is it dead?
  • successful v unsuccessful cases in small estates
  • thresholds
  • corruption of the word “need”
  • costs.
Presenter:
The Honourable Duncan McMeekin, Former Justice of the Supreme Court of Queensland
Chair:
Jeneve Frizzo, Principal, Jeneve Frizzo - Estate Law; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Specialist Accreditation Succession Law Advisory Committee

5-5.05pm

Close

Presenter:
Jeneve Frizzo, Principal, Jeneve Frizzo - Estate Law; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Specialist Accreditation Succession Law Advisory Committee

7pm

Gala dinner: The colour ball

Mel Brooks said, “If you're quiet, you're not living. You've got to be… colourful and lively.” So start living - throw on your most colourful outfit and join us for a lively evening of good music, food, wine and company!

Saturday 3 November

4 CPD points

6.30-7.30am

Yoga – salute the sun!

Begin the day feeling energised and positive with our yoga class guaranteed to boost your physical and mental wellbeing. Whether you are an expert at “downward dog” or have never tried yoga before, come along and let our experienced instructor guide you through a variety of poses and movements. No special gym gear required – just wear comfy clothes, bring a mat or towel, and be willing to stretch and enjoy.

Proudly provided by

BYS_Logo.png

8.30am

Registration

9am

Welcome remarks

Presenter:
Rolf Moses, Chief Executive Officer, Queensland Law Society

9.10am

The year in review – case update

Join us for a snapshot of the latest cases from the last 12 months, and pick up some practical tips on how they will impact your day-to-day practice. Updates will include:

  • quotable and notable cases in succession law
  • QCAT ‘in focus’, including:
    • appointing a separate representative
    • loan agreements and statute of limitations, and
    • hearings on the papers.
  • SCT review.
Presenters:
Renee Bennett, Partner, Wilson Ryan Grose Lawyers and Accredited Specialist (Succession Law) – Qld
Scott Whitla, Partner, McCullough Robertson Lawyers and Accredited Specialist (Succession Law) – Qld
Hayley Mitchell, Senior Associate, Cooper Grace Ward and Accredited Specialist (Succession Law) – Qld
Chair:
Rolf Moses, Chief Executive Officer, Queensland Law Society

10.30am

Morning tea

11am

Stream 5A - Life

Elder abuse – they don’t teach it at law school!

Confronted by a victim or a perpetrator of elder abuse, lawyers have to face difficult conundrums unique to our practice and which challenge our competence:

  • who is the client and what is their capacity
  • the EPOA as ‘client’ and perpetrator
  • the threat of ‘capacity negligence’ in disciplinary and indemnity claims
  • what ‘box’ does the abuse fall into
  • is it just another form of litigation
  • the myriad of recourses including QCAT, Supreme Court, Public Guardian and more
  • the cleavage between whistleblowing and confidentiality
  • harrowing stories from my practice.
Presenter:
Brian Herd, Partner, CRH Law and Deputy Chair, Queensland Law Society Elder Law Committee
Chair:
Chris Sheath, Legal Practitioner Director, Chris Sheath & Associates Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 5B - Death

“Nothing is certain but death and taxes”

Benjamin Franklin said it way back in 1789 and the famous quote still rings true today. With these certainties colliding in succession lawyers’ daily practice, it’s important to ensure you are up to date on all things tax, when advising a legal personal representative. This session will cover:

  • tax liability of LPR’s - with and without a Grant
  • LPRs and the accuracy of previously lodged tax returns
  • Commissioner’s right to reassess tax returns - does the LPR have protection?
  • distributions while the Commissioner still has a right to reassess - is it reasonable for the LPR to withhold?
  • ATO PCG 2017/12
  • what to do if beneficiaries want to terminate their life estates or remainder interests early.
Presenter:
Chris Herrald, Senior Associate, Mullins Lawyers; Member, Queensland Law Society Succession Law Committee and Member, Queensland Law Society Elder Law Committee
Chair:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld


12pm

Stream 6A - Life

Would you like a lawsuit with that?

What is your ethical duty when multiple parties are involved in instructing you? This session will consider several common scenarios and offer guidance to help you avoid a conflict of interest and make sure you aren’t served up a cold side order of a lawsuit with your instructions.

  • when does it become difficult to act for an attorney when you have concerns that it may not be in the principal's interest?
  • third party influence – when others get involved - managing the engagement
  • joint retainers – what are your obligations to both parties?
Presenters:
Stafford Shepherd, Director, QLS Ethics and Practice Centre, Queensland Law Society
Ben Cohen, Managing Partner, Bartley Cohen; Accredited Specialist (Commercial Litigation) – Qld; Member, Queensland Law Society In-House Counsel Committee and Chair, Queensland Law Society Ethics Committee
Chair:
Chris Sheath, Legal Practitioner Director, Chris Sheath & Associates Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 6B - Death

Understanding disentitling conduct and estrangement

Explore the principles of disentitling conduct and estrangement in family provision claims, including an update on recent case law developments in the area. Our presenter will address:

  • estrangement today: what does it look like?
  • moral obligations of a parent to an estranged child
  • how long is long enough to be unconcerned about estrangement?
  • estrangement vs disentitling conduct
  • options to mitigate risks in an estate planning exercise.
Presenter:
Michele Davis, Head of Succession and Elder Law, Wilson Lawyers and Member, Queensland Law Society Succession Law Committee
Chair:
Caite Brewer, Queensland Bar and Accredited Specialist (Succession Law) – Qld


1pm

Lunch

1.45pm

The succession smorgasbord: Questions on notice

You’ll want to bring a plate for this scrumptious selection of questions and answers! This is your chance to have all your burning questions around estate planning, administration and everything in between answered.

Panellists:
Glenn Dickson, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Angela Cornford-Scott, Director, Cornford-Scott Lawyers; Accredited Specialist (Succession Law) – Qld and Chair, Queensland Law Society Succession Law Specialist Accreditation Committee
Bryan Mitchell, Principal, Mitchells Solicitors and Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Committee
Facilitator:
His Honour Judge Alexander Horneman-Wren, District Court of Queensland

2.55pm

Closing remarks

Presenter:
Chloe Kopilovic, Councillor, Queensland Law Society and Senior Associate, FC Lawyers

3pm

Close

QLS will use every effort to maintain the integrity of event programming, however QLS reserves the right to amend professional development programs and substitute presenters and/or topics where necessary.


 

Exhibitors

Bronze sponsor

LEAP

Trade exhibitor

College of Law

Trade exhibitor

LegalSuper

Trade exhibitor

de Groots Publishing

Trade exhibitor

Perpetual

Trade exhibitor

Equity Trustees

Trade exhibitor

Morgans

Trade exhibitor

STEP Queensland