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Recent Developments in Elder Law

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Recent Developments in Elder Law

Date & TimeTBC
Format Webinar
Price

Member

$360.00

Non-Member

$480.00

CPD Units 3
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue Online, Digital Delivery View Map

Exclusive LIV Member Launch Price:
Register for $288 when you book online by 27 October*

In this highly interactive and practical program, expert presenters take you through prominent recent developments in elder law issues. Examine recent interpretations of the Guardianship and Administration Act 2019, learn about the Office of the Public Advocate’s new Future Planning Resources and how you can use them in your practice, obtain insights into the criminalisation of elder abuse in other Australian states, consider the current state of Aged Care in Victoria and more. 

Further details below.

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Program Overview

  • Recent Developments in Elder Law - Tuesday 10 Nov
    • 8:50 AM Webinar Launch
      The webinar will launch ten minutes before the session begins. Log in early to test your settings and familiarise yourself with webinar features.
    • 8:55 AM Opening and Welcome
      Chair: Bill O’Shea, Chair, LIV Elder Law Committee
    • 9:00 AM Setting the Scene: The current state of aged care in Australia: Will the Royal Commission make any difference?
      Presenter: Associate Professor Sarah Holland-Batt GAICD, Aged Care Commentator, Queensland University of Technology
    • 9:30 AM The Guardianship and Administration Act 2019: The IFZ case

      The case of IFZ (Guardianship) [2020] VCAT 582 (IFZ case) marks VCAT’s first attempt at interpreting the Guardianship and Administration Act 2019 Vic (the Act) and provides detailed discussion around how certain key provisions are applied. In this session, our expert presenter takes a detailed look at the IFZ case and what this means for interpretation of the Act. The session will close with a Q&A session with our expert presenter led by Paul Beasant. 

      Both Paul Beasant and Dr Freckelton acted for parties in the IFZ case.

      Attendees are encouraged to come armed with questions.

      Topics include:

      • The definition of ‘disability’ in the Act and how this was applied in the IFZ case. 
      • The definition of decision, making capacity in the Act, the guiding principles and the standard of satisfaction required.
      • That evidence of vulnerability to undue influence and exploitation was persuasive in the IFZ case?
      • What are the objectives of the Act and how did they guide the Tribunal’s interpretation?
      • What does this case mean for administration orders made under the previous Act?

      Presenters:

      • Paul Beasant Special Counsel, Estate Group, KCL Lawyers
      • Dr Ian Freckelton  QC, Victorian Bar
    • 10:30 AM Wellbeing Break
    • 10:40 AM Planning for the Future: OPA’s future planning resources

      The statutory functions of the Office of the Public Advocate (OPA) include providing advice about the provisions of the Guardianship and Administration Act 2019, and legislation relating to future planning. In this highly practical session, Claire McNamara, legal officer with the OPA, will take practitioners through the OPA and the LIV’s newly created “Future planning for decision-making and the law in Victoria: A resource for lawyers who practice in future planning” which provide a series of questions and issues for lawyers to cover with their clients when engaging in future planning. 

      Future planning is more than just completing powers of attorney and requires a thorough knowledge of the Powers of Attorney Act 2014 and Medical Treatment Planning and Decisions Act 2016. This will assist with taking detailed instructions from clients that will result in documentation and a pathway to assist clients to feel confident that in the future their wishes, will and preferences will be given effect to and their rights safeguarded.

      Attendees will walk away with a helpful toolkit to assist when advising clients in this area.

      Presenter: Claire McNamara, Senior Lawyer, Office of the Public Advocate 

    • 11:20 AM Morning Tea Break
    • 11:30 AM Elder Law Hot Topics: Elder abuse in 2020

      2020 has seen many matters arise in the area of elder abuse. In this session we will hear about some of the key matters arising in elder abuse from experts in the area.

      Topics include:

      • 11.30am – Summary of SRV’s Elder Abuse data and its implications for practice.
      • 11.50am – Criminalisation of elder abuse in other Australian states and insights into what this might mean for Victoria.
      • 12.10pm – Financial elder abuse trials.

      Presenters:

      • Rebecca Edwards, Principal Lawyer, Seniors Rights Victoria
      • Alasdair Gall, Senior Sergeant, Victoria Police
    • 12:30 PM Close

Further Details

  • Full Description & Webinar Details

    It is a critical time for elder law practitioners in Victoria with the Royal Commission into Aged Care, recent decisions relating to the Guardianship and Administration Act 2019 being handed down and financial elder abuse trials, among other recent developments. During this unprecedented time, it is vital to keep your finger on the pulse of key issues and developments and discover proactive solutions to help you navigate this new world, ensuring continued success for your practice and your clients.

    In this highly interactive and practical program, expert presenters take you through prominent recent developments in elder law issues. Examine recent interpretations of the Guardianship and Administration Act 2019, learn about the Office of the Public Advocate’s new Future Planning Resources and how you can use them in your practice, obtain insights into the criminalisation of elder abuse in other Australian states, consider the current state of Aged Care in Victoria and more. 

    Hear from experts in the field and interact with them and your colleagues from a range of backgrounds through an interactive digital platform. No matter your level of experience or your location, there’s something in this program for everyone.  

    Registration Information

    Online registrations close 12 hours before this event begins. If you would like to book after online registration has closed, please contact the events team on phone 03 9607 9473 or email register@liv.asn.au.

    *Full Pricing Details

    Standard member launch price: $288
    Standard member price: $360
    Accredited Specialist/CLC/Young Lawyer/Tarwirri member price: $270 (exempt from launch price)
    Non-member price: $480

    Webinar Details

    LIV webinars offer an interactive learning experience – wherever you are, from any device – and are run through Zoom. Register as you would any of our other in-person education and we’ll send you the webinar link and log in details the morning of the event date.

    Please Note: Instructions are sent to the primary email address linked to your LIV account. If you do not receive an email from us, check the contact details in your LIV profile to confirm the correct email. If you have not received instructions from us within an hour of the event, please contact the events team on email register@liv.asn.au or phone 03 9607 9473.

    For additional information on LIV webinars, see our Frequently Asked Questions.

  • Presenters

    Associate Professor Sarah Holland-Batt GAICD, Aged Care Commentator, Queensland University of Technology

    Paul Beasant, Special Counsel, Estate Group, KCL Lawyers

    Dr Ian Freckelton  QC, Victorian Bar

    Claire McNamara, Senior Lawyer, Office of the Public Advocate

    Rebecca Edwards, Principal Lawyer, Seniors Rights Victoria

    Alasdair Gall, Senior Sergeant, Victoria Police

     

  • November–March CPD Program


    Make your points count with the LIV

    To maximise flexibility and support you in fulfilling your CPD requirements for the 2020/21 practising year, the LIV has expanded our usual February and March CPD program to begin November 2020.

    Stop, reflect and prepare with Part 1 of the LIV’s concentrated CPD program, from November to December 2020. Propel your practice forward with Part 2, from February to March 2021.

    As with all LIV professional development, this program has been developed in collaboration with LIV committees and industry experts. It features a compelling line-up of high calibre speakers and covers 19 practice areas, all compliance areas and all career stages. Choose from a variety of options and formats to fit your schedule.

    Learn more about the November–March CPD Program.