Succession and Elder Law Conference Program

Friday 24 September 2021 | Register now 



Registration: 7.45am


Welcome remarks: 8.15am


Presenter: Elizabeth Shearer, President, Queensland Law Society; Legal Practitioner Director, Shearer Doyle and Chair, Queensland Law Society Access to Justice Pro Bono Law Committee

Chair: Stafford Shepherd, Principal Ethics and Practice Counsel, QLS Ethics and Practice Centre and Legal Practitioner Director, QLS Solicitor Support Pty Ltd, Queensland Law Society


International keynote-the ethics of influence: 8.30am


Quoted in New York Times as being “by far the most cited legal scholar in the United States and probably the world”, and joining us live from his office in Massachusetts, our eminent keynote presenter will discuss the behavioural science behind better decision-making, and the ethics of influence in the context of vulnerable clients.

Presenter: Professor Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School; Best-selling author of over 48 books; former Head, White House Office of Information and Regulatory Affairs, Obama Administration; and Winner, Holberg Prize (2018)

 Chair: Stafford Shepherd, Principal Ethics and Practice Counsel, QLS Ethics and Practice Centre and Legal Practitioner Director, QLS Solicitor Support Pty Ltd, Queensland Law Society


Coercive control in will making and tips on drafting charitable bequests: 9.30am


Presenter: The Honourable Margaret McMurdo AC, Chair, Queensland Women’s Safety and Justice Taskforce; Chair, Board of Governors, Queensland Community Fund; Chair, Legal Aid Queensland Board and Past President, Court of Appeal, Supreme Court of Queensland

Chair: Stafford Shepherd, Principal Ethics and Practice Counsel, QLS Ethics and Practice Centre and Legal Practitioner Director, QLS Solicitor Support Pty Ltd, Queensland Law Society



Morning tea and exhibition: 9.45am


Stream 1: 10am

Stream 1A: Planning

Understanding decision making capacity in the context of elder abuse

A panel discussion around the test for decision making capacity (as opposed to testamentary capacity) in the context of elder financial abuse. 

What do lawyers need to look out for—and most importantly,  what are the practical responses you can (and should) take if you suspect elder financial abuse?

 

Panel: 

Rebecca Anderson, Solicitor, Aged and Disability Advocacy Law, and Chair, Queensland Law Society Elder Law Committee

Paul Holmes, Principal Lawyer, Civil Justice Services, Legal Aid Queensland, and member, Queensland Law Society Elder Law Committee

Professor Karen Sullivan, Faculty of Health, School of Psychology & Counselling, Queensland University of Technology
Chair: Chloe Kopilovic, Councillor, Queensland Law Society; Director, FC lawyers and Member, Queensland Law Society Innovation Committee

Stream 1B: Administration

Discharging the dead (and incapacitated) trust

In this topic we will explore: 

  1. the effect of incapacity or death on persons fulfilling certain functions in a trust, such as: 
  1. trustees; 
  2. office bearers of corporate trustees; 
  3. shareholders of corporate trustees; 
  4. members of superannuation funds; and 
  5. appointers;


2. the power of amendment; 

3. practical solutions in estate planning; and 

4. opportunities in estate litigation.


Presenter: Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist (Succession Law) – Qld, and Member, Queensland Law Society Succession Law Committee
Chair: Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

Stream 1C: Litigation

Workshop: FPA roadmap

Practical and hands on workshop designed to step early career lawyers through the basic documents you need to draft; plus some tips and tricks for your family provision application file management.


Presenter: Vicky Martin, Associate, Wills + Estates, Thynne + McCartney

Chair: Mehera Saunders, Special Counsel, Mitchells Solicitors; Accredited Specialist (Succession Law)—Qld and Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee


Stream 2: 11am

Stream 2A: Planning

Current QCAT practice for lawyers 

Get up to speed on QCAT practice for lawyers, including:

  • an overview of the QCAT guardianship application process;
  • an invaluable summary of the new guardianship and administration resources now available; and
  • a salient reminder of the impact of a guardianship order, through the lens of Bergman v DAW.

Presenters: 

Senior Member Tina Guthrie, Queensland Civil and Administrative Tribunal
Chair: Chloe Kopilovic, Councillor, Queensland Law Society; Director, FC lawyers and Member, Queensland Law Society Innovation Committee

Stream 2B: Administration

In situ, in issue? Recalcitrant and rightful occupants

In an estate context, particularly in times of high property prices and low rental availability, it is not uncommon to find an estate property with a recalcitrant occupant determined to remain in occupation until given no other choice.

Useful as a refresher for all levels of practice, this presentation is designed to be a step by step procedural outline of the means by which the occupant may be removed; or in the case of long-term de facto partners, granted a right to occupy.


Presenters: 

Jody Pezet, Associate, McInnes Wilson Lawyers

Kirsty Gothard, Barrister, Queensland Bar

Chair: Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

Stream 2C: Litigation

Dead ends in evidence

This topic will explore aspects of the rules of evidence as they relate to estate litigation including exceptions to the hearsay rule concerning deceased persons.


Presenter: Rebecca Treston QC, Barrister, Queensland Bar

Chair: Mehera Saunders, Special Counsel, Mitchells Solicitors; Accredited Specialist (Succession Law)—Qld and Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee


Lunch and exhibition: 12pm


Stream 3: 1pm

Stream 3A: Planning

Helen Tudor Risk? Avoiding the pitfalls of everyday practice

Practical and hands on session designed to step delegates through the many valuable risk tools as developed by our eminent presenters.


Presenters: 

Chris Herrald TEP, Partner, Mullins Lawyers and Chair, STEP Qld

Robert Mackay, Senior Risk Solicitor, Lexon Insurance Pte Ltd
Chair: Vanessa Krulin, Senior Policy and Research Advisor, ADA Australia and Solicitor, ADA Law

Stream 3B: Administration

Making the pathways work: Estate accounts assessment 

This seminar will examine 3 pathways through the Queensland UCPR provisions relating to formal examination and passing of accounts by a personal representative, and how those pathways may assist your clients.   

It will include a discussion of how an account assessor is likely to approach the assessment of accounts. That discussion is designed to forearm you with what the account assessor is likely to require of you, and therefore how you can best make the pathways work for your clients.

 

Presenter: Gary Lanham, Special Counsel, Minter Ellison; Past Chair, Queensland Law Society Succession Law Committee and Accredited Specialist (Succession Law) – Qld

Chair: Chris Sheath TEP, Legal Practitioner Director, Chris Sheath & Associates Solicitors; Accredited Specialist (Succession Law)—Qld; Member, Queensland Law Society Succession Law Specialist Accreditation 

Stream 3C: Litigation

Honey, I shrunk the estate! How to resolve disputes in court (without going to trial) 

The administration of small estates can be very problematic, particularly where the spectre of traditional litigation threatens to exhaust the funds.

This panel session brings together eminent estates judges and registrars from multiple jurisdictions to outline the varied – and innovative – ways they are resolving contested estates. 


Panel: 

The Honourable Justice David Boddice, Judge, Supreme Court of Queensland

The Honourable Justice Philip Hallen, Judge, Supreme Court of New South Wales

Acting Principal Registrar Kate McDonald, Supreme Court of Western Australia 

Facilitator: Zinta Harris, Principal, Resolve Estate Law, Accredited Specialist (Business Law) – Qld and Accredited Specialist (Succession Law) – Qld



Stream 4: 2pm

Stream 4A: Planning

Panel: End of life planning

A panel discussion around the various mechanisms currently (and soon to be) available to clients when making their end-of-life arrangements. 

Discussion will include commentary around wills, statement of choices, AHDs, EPoAs, and of course, the proposals under the Voluntary Assisted Dying Bill 2021. 

Panellists:

Dr John Chesterman, Public Advocate, Office of the Public Advocate

Rebekah Leong, Principal Lawyer, Queensland Human Rights Commission

Professor Lindy Willmott, Professor, Faculty of Law, Queensland University of Technology
Facilitator: Vanessa Krulin, Senior Policy and Research Advisor, ADA Australia and Solicitor, ADA Law

Stream 4B: Administration

Beneficiary X? Tales from the Australian legal genealogist

Successfully locating beneficiaries can be a challenging task at the best of times; let alone where they have been ‘scantily’ referenced in a deceased’s will…

Join Australia’s first private legal genealogist, Charlotte Schaefer, for a practical step-through of the top tips and tricks for tracing lost beneficiaries (and some tips for not losing them in the first place). 

 

Presenter: Charlotte Schaefer, Legal Practitioner Director & Principal Legal Genealogist, Charlotte Schaefer Pty Ltd
Chair: Chris Sheath TEP, Legal Practitioner Director, Chris Sheath & Associates Solicitors; Accredited Specialist (Succession Law)—Qld; Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee and Queensland Law Society Nationally Accredited Mediator

Stream 4C: Litigation

SMSFs and incapacity: Compliance and disputes

Join us for an exploration of the key issues around self-managed super fund disputes in the context of incapacity and trustee discretion.

You will explore:

  • the things every SMSF member must do to plan for incapacity;
  • Superannuation Industry (Supervision) Act 1993 compliance;
  • whether an attorney make a BDBN in a post Re Narumon world; 
  • reviewing Re Marsella: Marsella v Wareham and the state trustee conflict and SMSFs;
  • getting the exercise of trustee discretion right; and
  • how to deal with issues and disputes when they arise. 

 

Presenter: 

Hayley Mitchell, Partner, Cooper Grace Ward, and Accredited Specialist (Succession Law) – Qld

Chair: 

Zinta Harris, Principal, Resolve Estate Law, Accredited Specialist (Business Law) – Qld and Accredited Specialist (Succession Law) – Qld


Afternoon tea and exhibition: 3pm


Case law quiz: Solicitors vs barristers! : 3.20pm

Unlike any case law update you have seen before, this ‘Rockwiz-style’ quiz is designed to highlight the most influential cases from the last 12 months – in the most entertaining way possible, and with the one and only Honourable Justice Martin Daubney AM!

Pitting two barristers against two solicitors – the aim of the game is to determine that age old question: who really knows more about the case law? 

Join us as we roundup 12 months of cases, celebrate and farewell our presiding President of the Queensland Civil and Administrative Tribunal – and see who reigns supreme: solicitors, or barristers!


Panel:

Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld

Frances Fredriksen, Special Counsel, Special Counsel, Parsons Law; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee

Dianne Pendergast, Barrister, Queensland Bar

Prue Poole, Principal, McInnes Wilson Lawyers and Accredited Specialist (Succession Law) – Qld

Quizmaster General: Honourable Justice Martin Daubney AM, President, Queensland Civil and Administrative Tribunal


Closing remarks: 4.20pm


Presenter: Elizabeth Shearer, President, Queensland Law Society; Legal Practitioner Director, Shearer Doyle and Chair, Queensland Law Society Access to Justice Pro Bono Law Committee


Networking drinks and putt putt: 4.30pm


Close: 6.30pm



Register now