Program Overview

• Guardianship & Administration Masterclass - Wednesday 19 Feb
  • 1:00 PM Registration
  • 1:25 PM Opening & Welcome
  • 1:30 PM Understanding and Applying the Guardianship and Administration Act 2019

    While there has been a substantial amount of governmental commentary and press coverage in relation to this important new legislative regimen, this only provides a cursory overview of its impacts, and more importantly, the pitfalls that befall a guardian or administrator who acts improperly or breach their duties. Will you be ready as a legal practitioner to apply the new legislation to those unusual and novel sets of circumstances that can easily trip up a legal practitioner?

    Incorporating a grounding in the most important components of the new Act, this session expands on that knowledge by testing your ability to formulate solutions to theoretical scenarios that will likely align to your own clients’ guardianship and administration – related issues.

    Presenters:

    • Claire McNamara, Legal Officer, Office of the Public Advocate
    • Kathy Wilson, Principal, Kathy Wilson Legal
    • Bill O’Shea, Chair, Law Institute of Victoria Elder Law Committee and Health Law Committee

    
    

    Compliance Area: Professional Skills

  • 2:35 PM Aligning with the New Act – Key Changes in VCAT’s Guardianship List

    Incorporated within the new Guardianship & Administration Legislation are a number of important reforms to applications for guardianship orders and administration orders and other associated applications and hearings.

    Providing an overview of process and procedure amendments direct from the source, this session will ensure that your prowess with these hearings is firmly in place from the operational date of the new Act, to the benefit of your clients and your practice.

    There will be an opportunity within this session to consider and discuss a scenario based around the new tribunal processes and procedures that will apply from 1 March 2020.

    Presenter: Deputy President Genevieve Nihill AM, Victorian Civil and Administrative Tribunal (VCAT)

    Compliance Area: Substantive Law

  • 3:25 PM Afternoon Tea
  • 3:45 PM Negotiating the Ethical Quandaries of Acting for Clients with Suspected Diminished Capacity

    When approached by a person with suspected diminished capacity, a legal practitioner needs to be aware of the processes and resources available to properly determine a client’s ability to provide instructions. Failing to do so will not only impact the client themselves, but could have a calamitous impact on the lawyer and their practice as well. Join our ethical expert to consider and discuss based-in-reality ethical dilemmas and the strategies that can be utilised to avoid misconduct consequences and penalties.

    Presenter: Professor Pēteris Dārziņš BMBS PhD FRACP FRCPC, Executive Clinical Director Aged Medicine and Director of Geriatric Medicine, Eastern Health, Professor of Geriatric Medicine, Monash University

    Compliance Area: Ethics & Professional Responsibility

  • 4:45 PM Close