this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

2020 LIV Council Elections

Nominations are open until 5pm, Wednesday 7 October.

Learn More
Select from any of the filters or enter a search term
Calendar
Calendar
  • Currently unavailable. Please email the Bookshop at lawbooks@liv.asn.au
Succession Law Conference

Succession Law Conference

Date & TimeFriday 09 October 2020 9am–5pm
Format Conference, Webinar
Price

Member

$495.00

Non-Member

$650.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue Online, Digital Delivery View Map

Exclusive LIV Member Early Bird Price:
Register for $360 when you book online by 25 September*

The LIV is proud to continue Victoria’s premier annual conference for succession law professionals in an online format. This year's program features an address by the Honourable Justice McMillan, Supreme Court of Victoria. We will also hear critical updates in succession law, delve into costs, discover key matters related to aged care and superannuation, and much more.

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

Further details below.

BECOME A MEMBER & SAVE: Become an LIV member at our newly reduced membership rate of $99 and save on the conference cost. Click here to learn more about membership. Call 03 9607 9470 to join today.

Program Overview

  • Succession Law Conference - Friday 09 Oct
    • 8:50 AM Webinar Launch
      The webinar will launch ten minutes before the conference begins. Log in early to test your settings and familiarise yourself with webinar features.
    • 9:00 AM Conference Opening and Welcome
    • 9:10 AM Keynote Address – The Honourable Justice McMillan – Succession Law Practice in 2020

      Our esteemed presenter the Honourable Justice McMillan along with Acting Registrar of Probates, Kate Price, will discuss the Courts move to online probate. In this interactive session, you will also have the unique opportunity to submit your questions in advance for our presenters to address as part of their presentation.

      Compliance area: Practice Management / Professional Skills

      Keynote speaker: The Honourable Justice McMillan, Supreme Court of Victoria

      Supporting speaker: Kate Price, Acting Registrar of Probates, Supreme Court of Victoria

    • 9:40 AM Wellbeing Break
    • 9:45 AM A Taxing Time: Taxation updates for succession law practitioners

      Taxation issues arise often in succession law practice and with frequent changes to the law and significant judgments being handed down practitioners need to be across the issues to help avoid conflicts for their clients and manage any that may arise. In this session, our experienced presenter Michael Flynn QC, will provide essential taxation updates and break down some recent key judgments.

      Topics include:

      • Executor’s ability to claim death benefits from a superfund (McIntosh and Burgess case)
      • Taxation of minor beneficiaries of testamentary trusts
      • CGT update

      Compliance area: Substantive Law

      Presenter: Michael Flynn QC

    • 10:45 AM Morning Tea Break
    • 11:00 AM Essential Succession Law Updates

      Even in times of relative stability succession law is always developing and practitioners need to be on top of the changes to practice effectively in this area. In this session, Ursula Stanisich of the Victorian Bar will cover some of the key case law updates that have occurred over the past 12 months.

      Compliance area: Substantive Law

      Presenter: Ursula Stanisich, Barrister, Victorian Bar

    • 12:00 PM Lunch & Virtual Networking

      Break for lunch and network with fellow attendees by participating in optional virtual networking.

      You are encouraged to turn your camera and microphone on if you'd like to participate in the virtual networking. Additional details to follow.

    • 12:40 PM Costs in the Supreme Court: Probate matters and Testator Family Maintenance

      A lawyer’s professional responsibilities relating to costs are complex, significant and heavily regulated. With recent changes to key practice notes, it’s more important than ever to be across costing matters and have a deep understanding of how files are costed, beneficiary rights relating to costs and other succession law costs matters.

      In this highly interactive and practical panel discussion, hear from our costs experts about key succession law costs matters you need to know about.

      Topics include:

      • The new Testator Family Maintenance Practice Note (PN number 7)
      • Costing matters in the Supreme Court o Costing estates - how files are costed post litigation and the ability of beneficiaries to question LPR costs
      • Applications under sections 65 and s65(d) of the Administration and Probate Act (actual expenses and disbursements).

      Attendees are encouraged to submit their questions in advance of the session to be forwarded on to our panellists for discussion during the session.

      Compliance area: Practice Management

      Presenters:

      • Antonella Terranova, Director, Castra Legal Costing Pty Ltd
      • Annabel Speirs, Senior Costs Lawyer, ALGC; Accredited Specialist, Costs Law
      • Anna Sango, Kirk Barclay; Accredited Specialist, Costs Law
    • 1:40 PM Wellbeing Break
    • 1:45 PM Planning for Aged Care: What succession lawyers need to know

      There are a wide range of aged care options available to clients and different laws and financial impacts relating to each of them. Margaret Harrison, Director of Signpost Aged Care Services will help shed light on the most significant matters relating to different aged care options to ensure you are ready when clients have questions.

      Topics include:

      • Key matters succession lawyers needs to know about relating to aged care when advising clients
      • Granny Flat arrangements
      • Retirement Villages
      • Residential aged care (nursing homes)

      Compliance area: Substantive Law / Professional Skills

      Presenter: Margaret Harrison, Director, Signpost Aged Care Services

    • 2:15 PM Afternoon Tea Break
    • 2:30 PM The Guardianship and Administration Act 2019: The IFZ case and future planning resources

      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 an update from the Office of the Public Advocate on resources for lawyers about future planning under the Act.

      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.
      • What 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?
      • Future Planning Resources

      Compliance area: Substantive Law / Professional Skills

      Presenters:

      • Carolyn Sparke QC, Victorian Bar
      • Claire McNamara, Office of the Public Advocate
    • 3:30 PM Wellbeing Break
    • 3:35 PM Ethics for Succession Lawyers in 2020

      Requiring a sharp and consistent ethical compass, navigating the ethical issues faced by lawyers in succession law practice is no easy task.

      The LIV’s Head of Ethics, Wellbeing & Practitioner Support and the LIV’s Special Counsel Ethics will facilitate a highly interactive webinar considering a selection of challenging ethical issues for succession lawyers. These will be illustrated by the use of de-identified real-life scenarios. All scenarios will be based on real dilemmas or cases which can and often do arise frequently in the course of daily legal practice. Topics for discussion will include duty to the court and administration of justice, conflicts of interest, and client confidentiality.

      Compliance area: Ethics & Professional Responsibility

      Presenters:

      • Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria
      • Michael Dolan, Special Counsel Ethics, Law Institute of Victoria
    • 4:45 PM Conference Close

Further Details

  • Full Description

    Responsibilities & Conflicts

    It is a critical time for succession lawyers as we experience the first global pandemic for a century and the unprecedented legislative changes and challenges that come with it. With so much change and uncertainty, it is vital to keep your finger on the pulse of key issues and developments and to have a thorough understanding of your responsibilities so you can provide proactive solutions to conflicts and ensure continued success for your practice and your clients.

    The LIV is proud to continue to run Victoria’s premier annual conference for succession law professionals in a digital format. This years’ program will feature an address by the Honourable Justice McMillan, Supreme Court of Victoria. We will also hear critical updates in succession law, delve into the topic of costs, discover key matters related to aged care that you need to know about, hear about succession law superannuation matters 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 experience, your location or your area of expertise, there’s something in this program for everyone. 

    Virtual Conference Inclusions

    • Opportunities to ask questions and interact with our presenters and other attendees via polls, Q&As and digital breakout rooms
    • Short wellbeing breaks following each speaker so you can get up and stretch your legs
    • Supplementary reading material, including PowerPoint presentations used by speakers, emailed to all registrants following the conference
    • A recording of the conference

    Important Information

    Online registrations close 24 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 Early Bird price: $360
    Standard member price: $495
    Accredited Specialist/CLC/Tarwirri member price: $338 (exempt from early bird)
    Non-member price: $650

    Group Discount

    Book in a group of 5 or more and receive 15% off (members and non-members). To register your group, email register@liv.asn.au.

  • Presenters
    Justice McMillan

    Keynote Presenter – The Honourable Justice McMillan, Supreme Court of Victoria

    Justice McMillan practised as a barrister primarily in commercial litigation, including property law, company disputes, equity and trusts, administration of estates, will disputes and testamentary family maintenance. During her time at the Bar, she was a member of several committees and was the Bar’s representative on the Board of Examiners and the Council of Legal Education for many years.  She was Chairman of the Victorian Bar Council in 2005-2006, a member of the Bar's Ethics Committee for ten years and Chairman of that Committee for four years.

    Justice McMillan was appointed a Judge of the Supreme Court of Victoria in March 2012. Her Honour is the Judge in charge of the Trusts, Equity and Probate List and the Testators Family Maintenance and primarily hears matters in those Lists.

    Kate Price, Acting Registrar of Probates, Supreme Court of Victoria

    Michael Flynn QC, Victorian Bar

    Ursula Stanisich, Barrister, Victorian Bar

    Antonella C. Terranova, Director, Castra Legal Costing Pty Ltd

    Annabel Speirs, Senior Costs Lawyer, ALGC; Accredited Specialist, Costs Law

    Anna Sango, Kirk Barclay; Accredited Specialist, Costs Law

    Margaret Harrison, Director, Signpost Aged Care Services

    Carolyn Sparke QC, Victorian Bar

    Claire McNamara, Office of the Public Advocate

    Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria

    Michael Dolan, Special Counsel Ethics, Law Institute of Victoria

  • Webinar – Important Information

    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.