• March 2020

  • Wednesday, 4 March 2020
    4 Mar 2020 9:00am - 4 Mar 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne


    Alert! Guardianship and Administration Act 2019 


    The Guardianship and Administration Act 2019 which commences on 1 March 2020 introduces changes affecting the basis upon which a Guardian can make decisions, and also the legal test around capacity. 

    This session will dissect the changes, and also look at the role of VCAT and the appointment of Guardians or Administrators as impacted by the new Act.

    Power of Attorney and Entitlement to Financial Records 

    What are the criteria for gaining access to financial records? What does the Tribunal take into account when making an Order in response to an Attorney seeking access to financial accounts or other records?

    This session will address these issues by reference to recent cases.

    When Gifts Go Missing - Ademption Exceptions 

    How do the courts deal with a claim that a bequeathed gift has been previously sold or has been already given away before death? What if an Attorney sells an asset prior to death, with or without knowledge of the contents of the will? Can a beneficiary make any claim for compensation in these circumstances?

    This session will outline the circumstances in which a claim may be made by reference to leading cases, and will outline how to cover these issues in Will drafting.