• November 2019

  • Thursday, 21 November 2019
    21 Nov 2019 9:00am - 21 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    This program is chaired by:

    Ed Browne, Partner, Madgwicks Lawyers


    Gwyn Moore, Partner, HDME Lawyers

    Aged Care Update 2019 - 2020  

    This session will provide practitioners with a review of the most recent, significant legislative updates and trends in Aged Care including:

    • Single Aged Care Quality Framework and Standards;

    • Clinical Governance Framework;

    • Open Disclosure Framework;

    • New Charter of Aged Care Rights effective from 1 July 2019;

    • Aged Care Amendment (Resident Welfare & Provider Disclosure) Act 2019;

    • National Quality Indicator Program;

    • Government promotion of Home Care;

    • Voluntary Assisted Dying Act 2017 (Vic) commenced on 19 June 2019;

    • Introduction of the Retirement Village Code of Conduct (the Code);

    • More Choice for a Longer Life Package;

    • Review into the regulations controlling the administration and management of medications in the Victorian Aged Care sector.

    Presented by: Jacob Fronistas OAM, Barrister, Victorian Bar

    Negotiating the Retirement Village Agreement and Tips when Advising the Resident Client 

    From management agreements and legal structures, to the financial considerations, navigating through the retirement village agreement is often extensive and complicated. This session will discuss the issues faced when negotiating Retirement Village Agreements and will cover:

    • Common legal structures for retirement villages;

    • What needs to be covered in the Retirement Village Agreement;

    • Financial considerations –Fees, Rent, Recurring Charges, Departure fees etc;

    • Resident and Management Agreements – What to look out for;

    • The clauses you need to be wary of;

    • Tips for Ongoing Contract Review.

    Presented by: Steven Smith, Partner, HWL Ebsworth - Leading Health and Aged Care Lawyer, Doyles Guide 2019; Recognised by Best Lawyers (Property Law and Retirement Villages and Senior Living Law).

    Hot Topic! CCTV and Aged Care – Recording and Privacy Issues  

    This session provides an overview of the options and risks in utilising various surveillance techniques and covers:

    • An overview of Surveillance legislation in Victoria as it impacts this area;

    • Privacy Rights – Employees / Residents;

    • CCTV and Elder Abuse;

    • Who can access CCTV footage;

    • Consent and Capacity of the resident to be filmed;

    • Family members installing hidden cameras.

    Presented by: Kevin Finn, Senior Associate, Burke Lawyers


    Rosy Roberts, Associate, Burke Lawyers

    Granny Flat Arrangements – Advice, Considerations and What happens when it all goes wrong  

    This session will discuss the different types of granny flat arrangements and the advice you need to provide to your client when entering into this type of arrangement.

    This session will cover:

    • Advising on Granny Flat Arrangements –acting for multiple parties - Wise or Unwise?;

    • Advising on Granny Flat Arrangements – Different types / Benefits and Risks;

    • Advising on and Documenting the Arrangement – Deed of Family Arrangement;

    • When the Granny Flat arrangement goes wrong – Family disputes, Insolvency, Divorce settlements and property affected etc.

    Presented by: Jim Parke, Managing Director, Parke Lawyers


    Dennis Wawra, Lawyer, Parke Lawyers

    Physical and Medicinal Restraints on Residents – Legal Obligations on the Aged Care Facility or Resident Provider  

    This is an evolving area with changes from 1 July 2019 and more on the horizon. This session will outline:

    • Stronger Regulatory Scheme to minimise the inappropriate use of restraints;

    • Threatening Resident Behaviour and the use of Restraints;

    • What happens when a staff member is physically abused or injured;

    • What happens when a resident is injured by use of physical or medicinal restraint;

    • Reporting Obligations under the new Regulatory Scheme.

    Presented by: Dr Melanie Tan, Senior Associate, Russell Kennedy

    Royal Commission into Aged Care Quality and Safety  

    This session will outline its impact on:

    • Systemic Elder Abuse; and

    • Restrictions on Freedom.

    Presented by: Russell Moore, Barrister, Victorian Bar

    Negligence and Death in a Care Facility  

    This session will address situations when injury, illness or death has occurred by reason of neglect or other alleged negligence or recklessness and will cover:

    • Aged Care Complaints - Responding to Complaints so they don’t escalate;

    • Negligence Actions and Aged Care Litigation;

    • What happens when a resident dies ‘prematurely’ and advising on Coronial Inquiries and Investigations.


    Filling Fast!
  • 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.