• September 2019

  • Tuesday, 17 September 2019
    17 Sep 2019 9:00am - 17 Sep 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    An overview of SMSF constraints and related issues. This program is designed to provide a thorough overview of the essentials. The program includes:

    • Restraints on provision of advice regarding SMSFs
    • New SMSF deeds – key attributes
    • Existing SMSF deeds – review issues
    • Control issues & options
    • SMSFs and non-residents
    • Contributions
    • Investment strategies
    • Leases of business real property
    • Funding & security alternatives
    • Instalment warrants – features
    • Fixed unit trusts
    • Documenting investment strategies – investment phase
    • Segregation v non-segregation – investment phase
    • Managing SMSF breaches
    • Use of investment & other reserves
    • Contingency planning for SMSFs
    • Insurance policies
    • Transitional issues
    • Transferring wealth to superannuation at or near retirement
    • Overview – retirement benefits
    • Transition to retirement income streams
    • Income streams commenced at or post retirement
    • Advice regarding superannuation and insurance
    • Asset protection – bankruptcy clawback powers
    • Payment of superannuation death benefits – options
    • Death benefit options
    • Life insurance & superannuation
    • Generating excepted income for minor dependants
    • Control issues – externally managed funds
    • Control issues – SMSFs
    • Second generation SMSFs
    • Forward planning strategies

    Presented by: Allan Swan, Director - Estate Planning EQUATION – Preventative Law

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    6.0
    $495.00
  • October 2019

  • Friday, 25 October 2019
    25 Oct 2019 9:00am - 25 Oct 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!

     

    Early bird price available until Friday 4 October: $695 (incl. GST)

    Full Price: $725 (incl. GST)

    Case Update and Litigation Trends 

    This session will cover significant recent cases covering issues including:

    • TPD Claims;
    • Income Protection Claims;
    • Death Benefit Claims;
    • Notional Estate Claims;
    • Class actions.

    Presented by: Hayriye Uluca, Senior Associate, Maurice Blackburn Lawyers

    New Developments in Superannuation Law 

    • This session will examine the impact of changes brought in by the Federal Government Protecting Your Super Package Act on 1 July 2019;
    • Treasury Laws Amendment (2018 Superannuation Measure No 1) Bill 2018 - Proposed Superannuation Guarantee Amnesty;
    • ASIC Update - Lifting Standards and Transparency of Complaints Handling;
    • ATO Update - Superannuation and Leave Loading.

    APRA Update 

    • Prudential Standard 234 Information Security in force 1 July 2019 - Implementing the ‘New Standard’;
    • Update on IOOF v APRA.

    Advertising, Forecasting, Disclosure, Inducements 

    This session will address the risks and consequences when funds cross the line into misleading and deceptive conduct and/ or misconduct.

    Hot Topics - Hear from a Panel! 

    • Elder and Family Financial Abuse - Use of Instruments including Powers of Attorney and unauthorised access to superannuation funds;
    • Conflict of Duty - Acting in the best interests of members and stakeholders;
    • Trustee Duties and Discretions / Reasons;
    • Productivity Commission Inquiry Report -Superannuation: Assessing Efficiency and Competitiveness.

    Presented by:

    Paul Faure, Partner, Holding Redlich

    Heather Gray, Partner, Hall & Wilcox

    and

    Scott Charaneka, Head of Superannuation & Wealth Management, Thomson Geer Lawyers

    Trustee Responsibilities and Overpayments 

    This session will discuss:

    • Recovery of overpayments on claims;
    • Can professional indemnity insurance apply;
    • Settlement of claims;
    • Defences to claims.

     

    6.0
    $695.00
    Early Bird Price Available - Expires 4 October2019!
  • Tuesday, 29 October 2019
    29 Oct 2019 9:00am - 29 Oct 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 conference covers complex Estates Litigation and Trusts issues and is designed for mid-senior level practitioners.

    Will Rectification Applications – Complex Probate Proceedings

    A court may make an order to rectify a will to carry out the intentions of a will maker, if the court is satisfied that the will does not carry out the will maker’s intentions where:

    • a clerical error was made, or

    • the Will does not give effect to the will maker’s instructions.

    This session will discuss the process and implications of rectification applications and will include:

    • Application for rectification of the will pursuant to Section 31 of the Wills Act (1997);

    • Seeking clarification of the will pursuant to Supreme Court (General Civil Procedure) Rules 2015;

    • Evidence of the will-makers intentions – the application process, preparing/ what is to be included in the Summons;

    • Time limitations in Victoria and other states and territories;

    • Outline of the deficiencies the court found in RE Hely; Application by Arbuthnot & Donohue (2018) VSC 614;

    • Recent case update.

    Crisp Orders and Portable Life Interests

    This session will cover:

    • What is a Crisp Order?

    • Pro’s and Con’s of Crisp Orders

    • When alternative accommodation is required for the surviving spouse – eg. Retirement village/aged care facility bond etc

    • Beneficiaries disputing Crisp Orders;

    • Issues arising in blended families;

    • Case studies.

    Challenging Superannuation Death Benefits – Remedies Available for Aggrieved Beneficiaries and Dependants

    Superannuation death benefits may make up a substantial pool of a deceased assets, and whether you are acting for the Executor or the beneficiaries, understanding the rules and dealing with the trustee of a superannuation fund is not straightforward. This session will discuss the rules surrounding a fund trustee’s decision and the remedies available to an aggrieved beneficiary or dependant. This session will cover:

    • The Superannuation Trustee’s discretion;

    • Preparing a death benefit claim;

    • Contesting a Superannuation Trustee’s decision;

    • Taxation of death benefits;

    • The Complaints and Appeals Process in the Courts;

    • The AFCA Approach to Superannuation Death Benefit Complaints;

    • Notable and recent cases.

    Testamentary Trusts - Tax Benefits and Asset Protection

    A Testamentary Trust is created by a will and will come into effect when a person dies. Whether you have been instructed to draft a testamentary trust or act for a client who has received inheritance via testamentary trust, it is vital that the trust is implemented correctly and based on sound legal advice.

    This session will cover:

    • The tax benefits of testamentary trusts;

    • Tax planning and asset protection;

    • Dealing with vulnerable beneficiaries – minors, warring siblings, divorce, health issues including addiction, and/or disability;

    • Managing bankruptcy and litigation risk;

    • Income streaming;

    • The advantages and disadvantages of testamentary trusts;

    • Case updates and examples.

    Presented by: Jennifer Dixon, Practice Leader, Accredited Wills & Estates Specialist, Moore’s

    A Matter of Trust – Family Trust Disputes

    This session will cover the following:

    • The use of Discretionary Trusts in estate planning;

    • Vesting and CGT concerns;

    • Trustee duties;

    • Dispute resolution clauses;

    • “Unsatisfactory” allocations of income;

    • An overview of recent cases including Trani v Trani (2018) VSC 274.

    Trust Deed Variation Clauses 

    This session will cover:

    • Interpreting Variation Clauses;

    • Tips when Drafting Variation Clauses and Powers;

    • Problematic Trust clauses;

    • Preparing Deeds of Declarations of New Powers;

    • Alternative options such as court powers, winding up the trust, new trust etc

    6.0
    $590.00