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Succession and Elder Law Conference

Succession and Elder Law Conference

Date & TimeFriday 04 October 2019 9am–5pm
Format Conference
Price

Member

$630.00

Non-Member

$750.00

CPD Units 6
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue RACV City Club, 501 Bourke St, Melbourne View Map

The LIV is proud to present the most eagerly awaited professional development event on the LIV’s calendar for practitioners specialising in succession and elder law.

Esteemed keynote speaker, Her Honour Justice McMillan of the Supreme Court of Victoria, Judge in charge of the Trusts, Equity and Probate List and the Testators Family Maintenance List, will open the conference with indispensable guidance to assist you in tackling challenges arising in List hearings with greater assuredness.

This year’s conference program will provide you with a wealth of knowledge with which to bolster your professional skill set.

Book as a group of two or more and receive a 15% discount.
To register, email delegate names to register@liv.asn.au.

Futher details below.

 

Program Overview

  • Succession and Elder Law Conference - Friday 04 Oct
    • 8:30 AM Registration Begins
    • 8:55 AM Conference Opening and Welcome
    • 9:00 AM Keynote Presentation – The Honourable Justice McMillan, Supreme Court of Victoria

      As the judge in charge of the Trusts, Equity and Probate List and the Testators Family Maintenance List, The Honourable Justice McMillan is an invaluable source of advice of guidance for practitioners appearing in these Lists. In this keynote presentation, Her Honour will cover the common and avoidable issues arising in matters in these Lists and provide guidance that will assist you in maximising hearing outcomes for your clients.

      Presenter: The Honourable Justice McMillan, Supreme Court of Victoria

      Compliance Area(s): Professional Skills / Practice Management & Business Skills

       

    • 9:30 AM Estate Administration Accounts and Commission Applications: Getting it right the first time

      The recent Supreme Court of Victoria decision of Re Pittas [2019] VSC 380, and amendments to ss65-65E of the Administration and Probate Act 1958 (Vic) has highlighted the importance of preparing accurate applications. It is essential that these accounts are accurately prepared by the acting solicitor so that issues do not arise at court when applying to pass an estate’s administration account or receive a commission.

      This session will guide you through the procedures for preparing applications to pass estate administration accounts and seek commissions and address the optimum timing for these types of applications.

      Presenter: Eleanor Coates, Barrister, Victorian Bar

      Compliance Area: Professional Skills

       

    • 10:15 AM Morning Tea
    • 10:35 AM Negotiating the Oaths and Affirmations Act 2018 – Changes to Affidavits, Statutory Declarations and Document Certification

      This practical session will bring you up to speed with the changes arising from the Oaths and Affirmations Act 2018, which came into operation in March 2019. By covering changes to the format and witnessing of affidavits, witnessing statutory declarations and certifying copies of documents, this session will impart you with helpful tips to ensure that you are fully compliant with the Act and avoid filing and compliance issues.

      Presenter: TBC

      Compliance Area(s): Professional Skills / Substantive Law

       

    • 11:05 AM Indispensable Tax Guidance for the Wills and Estates Lawyer

      A solid foundation in taxation legislation and principles pertaining to wills and estates is a key influencer of any legal practitioner’s succession and estate planning advice.

      A national specialist in the taxation of estate and trusts, Ian Raspin will cover trends and tax issues that both estate practitioners and trustee companies are encountering with tax on deceased estates, including recent ATO practical compliance guidance PCG 2019/5 and conditional CGT exemptions, and draw your attention to common tax red flags for estate practitioners.

      Presenter: Ian Raspin, Director, Estates and Trusts, BNR Partners

      Compliance Area: Substantive Law

       

    • 11:50 AM Voluntary Assisted Dying in Victoria: The story so far

      In operation since 19 June 2019, the Voluntary Assisted Dying Act 2017 provides Victorians who meet strict eligibility criteria the ability to access voluntary assisted dying and address end of life suffering.

      This enlightening panel session features subject matter experts who have been overseeing the operation of the legislation to date and providing palliative and end of life care services under its auspices. They will discuss logistical issues and legal concerns that could affect your clients, as well as the positive outcomes that have arisen to date within the Victorian health services and associated bodies that are overseeing the first few operational months of this landmark legislation.

      Panellists:

      • Susan Jury, Voluntary Assisted Dying Statewide Care Navigator
      • Jenifer Lee

      Compliance Area: Substantive Law

       

    • 12:35 PM Networking Lunch
    • 1:25 PM Advising Elderly Persons in Peril – Identifying Abuse and Engendering Solutions

      With the Royal Commission into Aged Care Quality and Safety receiving submissions throughout this year and providing its interim report on 31 October 2019, the rights and welfare of elder Australians remains a hot button topic of paramount importance.

      Addressing key considerations such as the avenues available to assist elderly persons who have been identified as victims of financial and physical abuse, this session will equip you with a comprehensive body of knowledge in this emotionally charged area of law.

      Presenter: TBC

      Compliance Area(s): Substantive Law / Professional Skills

       

    • 2:10 PM Superannuation Reform Updates – Key Considerations for Estate Planning

      Superannuation is a key component of later life planning for many legal clients, especially if they make the increasingly common decision to blaze their own financial trail with a self-managed superannuation fund (SMSF).

      Highly respected and well-regarded practitioner in the superannuation and estate planning realm Nathan Yii will present to you a thought provoking case study which draws upon strategies to deal with the control of an SMSF when its members lose capacity or die, and guides you through techniques to address these matters and ensure the SMSF remains compliant as part of your clients’ estate planning. 

      Presenter: Nathan Yii, Principal, Nathan Yii Lawyers

      Compliance Area: Substantive Law

       

    • 2:55 PM Trustee’s Applications to Court for Judicial Advice or Approval – The Who, What, When, Why and How

      Judicial advice is a highly beneficial source of private advice thats offers guidance that can safeguard a trustee from adverse consequences that may arise from claims made against it by beneficiaries, but seeking this advice prompts a number of questions:

      • When should such advice or approval be sought?
      • How is it applied for?
      • Who pays for it?
      • Who needs to be informed and involved?
      • When will a court refuse to provide judicial advice to a trustee, especially in complex situations?

      All these considerations and more will be addressed in a session that is critical for any lawyer advising a trustee or legal personal representative.

      Presenter: Scott Wotherspoon, Barrister, Victorian Bar

      Compliance Area: Professional Skills

       

    • 3:40 PM Afternoon Tea
    • 4:00 PM Critical Case Law Update

      Leading wills and estates, trusts and probate / TFM barrister Georgina Grigoriou will provide you with a critical analysis of the most important cases in wills and estates and elder law in the preceding year. This session will assist you in staying abreast of recent decisions so that your client advice is of the highest quality.

      Presenter: Georgina Grigoriou, Barrister, Victorian Bar

      Compliance Area: Substantive Law

       

    • 5:00 PM Conference Close and Networking Drinks

Further Details

  • Full Description

    The LIV is proud to present the most eagerly awaited professional development event on the LIV’s calendar for practitioners specialising in succession and elder law.

    Esteemed keynote speaker, Her Honour Justice McMillan of the Supreme Court of Victoria, Judge in charge of the Trusts, Equity and Probate List and the Testators Family Maintenance List, will open the conference with indispensable guidance to assist you in tackling challenges arising in List hearings with greater assuredness. This will be followed by a compelling variety of sessions presented by leading members of counsel and experienced practitioners, who will address a broad range of legal topics and community issues, including estate administration, superannuation, the rights of elder Australians, and the latest case law and legislation updates.

    This year’s conference program will provide you with a wealth of knowledge with which to bolster your professional skill set.

    Following the close of the conference, you are invited to enjoy complimentary drinks and canapes until 6pm.

  • 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.

     

    Eleanor Coates, Barrister, Victorian Bar

    Ian Raspin, Director, Estates and Trusts, BNR Partners

    Susan Jury,Voluntary Assisted Dying Statewide Care Navigator

    Nathan Yii, Principal, Nathan Yii Lawyers

    Scott Wotherspoon, Barrister, Victorian Bar

    Georgina Grigoriou, Barrister, Victorian Bar

  • Learning Outcomes

    By attending this conferece, you will:

    • Discover optimum responses and solutions to court practice and procedure issues and maximise your success in List hearings
    • Demonstrate the latest knowledge in relation to estate administration, superannuation, Judicial advice, and taxation of wills and states in your daily practice
    • Become fully versed with the story so far with Victoria’s voluntary assisted dying legislation, and its potential effects on legal practitioners and their clients
    • Provide sound advice to clients of the rights and protections when considering capacity and elder abuse situations
    • Judiciously apply knowledge of recent decisions and rulings to your matters