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Succession Law Intensive

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Succession Law Intensive

Date & TimeTBC
Format Conference
Price

Member

$630.00

Non-Member

$750.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue Sofitel Melbourne on Collins, 25 Collins St, Melbourne View Map

Update your knowledge across topical succession and elder law practice considerations, network with peers and obtain CPD units in each of the key compliance areas at this annual, full-day conference.

Further details below.

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Program Overview

  • Succession Law Intensive - Friday 22 Mar
    • 8:30 AM Registration
    • 9:00 AM Opening and Welcome
    • 9:05 AM Executor’s Commission: Getting the basics right

      An application to the Court for executor’s commission needs to follow the rules. This presentation will help you navigate your way through the rules to a successful outcome.

      Speakers:
      Judicial Registrar Englefield, Supreme Court of Victoria
      Mercia Chapman, Senior Legal Counsel, TWS, Equity Trustees

    • 10:05 AM Morning Tea
    • 10:30 AM Customised Costs Management for Succession Lawyers

      Practitioners must consider costs management carefully when advising on succession law and elder law matters due to the unique issues that may arise in these types of cases, such as issues with client capacity. Receive expert advice on costs management from one of Australia’s leasing costs experts.

      Speaker: Cate Dealehr, Principal, Australian Legal Costing Group, ALCG

    • 11:30 AM The Super Update: Death benefits, binding nominations and the new Australian Financial Complaints Authority

      This dynamic co-presentation will comprehensively update your knowledge of two key areas of superannuation law: binding death benefit nominations and the subsuming of the Superannuation Complaints Tribunal into the Australian Financial Complaints Authority, along with other external dispute resolution schemes.

      Speakers:
      Nathan Yii, Principal, Nathan Yii Lawyers
      Marita Wall, Consultant, Greenfields Financial Services Lawyers

    • 12:30 PM Networking Lunch
    • 1:30 PM The Interplay of Client Capacity and Ethical Obligations

      With the ageing of our population and increasing life expectancy, the issue of client capacity (including the issue of elder abuse) is extremely topical. The Victorian Legal Services Board and Commissioner receive many enquiries and complaints in this area. Using de-identified real-life scenarios, our presenters will facilitate an interactive discussion on ethical dilemmas and effective solutions when dealing with issues of client capacity.

      Speakers:

      Jennie Pakula, Manager, Assessment & Resolutions and Manager of Innovation & Consumer Engagement, Legal Services Board + Commissioner
      Georjeana Brennan, Senior Investigations Officer, Disciplinary Investigations, Victorian Legal Services Board + Commissioner

    • 2:30 PM Tax Issues for Testamentary Trust Wills

      In this session, highly respected succession law taxation guru Michael Flynn QC will guide you through the key issues to be across when considering taxation implications for your clients and their testamentary trust wills.

      Speaker: Michael Flynn QC, Barrister, Victorian Bar

    • 3:30 PM Afternoon Tea
    • 4:00 PM The Latest in Succession Law Cases and Legislation

      In a dynamic and informative co-presentation, two members of the Victorian Bar will take you through the latest and most prominent matters that have shaped case law and legislation in succession and elder law.

      Speakers:
      Rick Wells, Barrister, Victorian Bar
      Daniel Kinsey, Barrister, Victorian Bar

    • 5:00 PM Close

Further Details

  • Full Description

    Update your knowledge across topical succession and elder law practice considerations, network with peers and obtain CPD units in each of the key compliance areas at this annual, full-day conference.

    Main topics:

    • Recent decisions and legislation updates affecting succession and elder law practice
    • Developments in superannuation law, including trusts deeds, death benefits, binding nominations, and the new Australian Financial Complaints Authority
    • Executor’s Commissions: Getting the basics right
    • Ethical obligations, client capacity and powers of attorney
    • Tax issues for testamentary trust wills
    • Navigating common costs issues facing succession lawyers
  • Presenters


    Judicial Registrar Englefield, Supreme Court of Victoria Judicial Registrar Englefield was appointed to the Supreme Court of Victoria on 5 July 2016, from the Victorian Bar. The Judicial Registrar is assigned to Funds in Court (an administrative division of the Court) as well as judicial mediations, civil applications and directions hearings for the Testators Family Maintenance List. The Judicial Registrar also hears all application for executor’s commission. At the Bar, the Judicial Registrar practised in the fields of deceased estates, superannuation and general civil litigation. Prior to the Bar, the Judicial Registrar was at Funds in Court for five years and earlier had a diverse career as a solicitor.

    Mercia Chapman, Senior Legal Counsel, TWS, Equity Trustees Mercia Chapman holds the degrees of Bachelor of Arts from the University of Sydney and Bachelor of Laws from the University of Melbourne. Mercia was admitted to legal practice in 1976 and practised as a solicitor principally in the areas of probate, wills, trusts, estate planning and property for 15 years. She became a member of the Victorian Bar in 1991 practising in the areas of probate, wills, trusts and property.  In 1994 she joined ANZ Trustees where she was Senior Legal Counsel for 20 years. In 2014 ANZ Trustees was acquired by Equity Trustees and she was acquired with the company.  She is now Senior Legal Counsel at Equity.

    Cate Dealehr, Principal, Australian Legal Costing Group, ALCG Cate Dealehr is one of the first accredited costs specialists and has been principal of ALCG, costs lawyers for many years. Prior to that, she was a solicitor in both the government and private sectors. Cate has been recipient of the LIV Pro Bono award and received recognition by the LIV for outstanding legal service to the profession. Care is well known for her work in the difficult area of costs disputes. Several years ago, Cate was responsible for the precedent LIV Uniform Law costs disclosure documents. Then, a core priority for her was formulating strategies with lawyers so they met their regulatory obligations in a practical and cost-effective way. Today, Cate’s most important priority is to help lawyers, particularly those in the civil litigation field, to future-proof their businesses.

    Nathan Yii, Principal, Nathan Yii Lawyers Nathan Yii is the Principal Lawyer, Chartered Tax Advisor and an accredited SMSF Specialist AdvisorTM of the Melbourne based legal practice, Nathan Yii Lawyers. He is recognised in Doyles’ Guide as a leading Wills, Estates & Succession Planning Lawyer in Victoria. Nathan works with accountants, financial planners and other lawyers to achieve their clients’ structuring and estate planning objectives, factoring in taxation, asset protection, SMSF compliance and dispute prevention.  He consults to family businesses and family offices of high net worth individuals around Australia.  Nathan also acts for clients in trusts and dispute matters. He is an adjunct lecturer and advisory committee board member for the Estate Planning Practice Specialisation in the Master of Laws program at the College of Law. 

    Marita Wall, Consultant, Greenfields Financial Services Lawyers Marita has over 25 years’ experience as a financial services lawyer in senior positions. She was Ombudsman with the Financial Ombudsman Service (FOS), where she determined disputes about superannuation, life insurance and investments (including complaints about financial advice). She spent 14 years with the SCT, having been appointed as Acting Chairperson, Acting Deputy Chairperson and inaugural Member as well as a Barrister specializing in superannuation/financial services. She appeared before the High Court in several cases, including the seminal TPD case of Finch v Telstra Super.

    Jennie Pakula, Manager, Assessment & Resolutions and Manager of Innovation & Consumer Engagement, Legal Services Board + Commissioner Jennie joined the VLSB+C in 2007. Her focus is triage, assessment and resolution of enquiries and complaints. Prior to joining the VLSB+C, she spent 12 years with the NSW Law Society in Professional Standards, and six years working in commercial practice in large and medium firms in Sydney, Australia.

    Georjeana Brennan, Senior Investigations Officer, Disciplinary Investigations, Victorian Legal Services Board + Commissioner Georjeana joined the VLSB+C in 2015. Her focus is investigating disciplinary complaints and prosecuting disciplinary matters at VCAT. Prior to joining the VLSB+C, Georjeana was a solicitor in New Zealand, where she focused on family law matters. Georjeana also resided in the UK and Ireland, where she practised in commercial law and regulation.

    Michael Flynn QC, Barrister, Victorian Bar Michael practises principally in the areas of taxation, administrative law, trusts and commercial law. He is a chartered accountant, was national president of the Tax Institute in 2014 and is the co-author of two books: Death and Taxes and Drafting Trusts and Will Trusts in Australia, both published by Thomson Reuters. Recent examples of advice he has provided are amending trust deeds, the tax consequences of financing infrastructure projects and the application of Part IVA. He has acted for clients in relation to applications to remove a trustee, applications for freezing orders and in professional liability and contractual disputes concerning GST and income tax liabilities.

    Rick Wells, Barrister, Victorian Bar

    Daniel Kinsey, Barrister, Victorian Bar Daniel has a broad appearance and advice practice. In addition to wills and estates cases, he also has expertise in commercial law and equity, common law and insurance, and criminal matters. Daniel regularly appears in interlocutory, trial, and appeal hearings in Victorian courts and in the Victorian Civil and Administrative Tribunal, and also in federal courts. Before coming to the Bar, Daniel was a solicitor at Allens, an Associate to the Hon Justice Robson of the Supreme Court of Victoria, and an Associate to the Reserve Judges (including the Hon Justices Ashley, Bongiorno AO, and Coghlan) of the Court of Appeal of the Supreme Court of Victoria.


  • Learning Outcomes

    By attending this session, you will:

    • Increase your effectiveness when appearing in the Court for executor's commission
    • Be better placed to advise your clients and manage your practice when considering costs and taxation issues
    • Enhance your understanding of the latest developments in superannuation law and complaint resolution