• October 2019

  • Wednesday, 16 October 2019
    16 Oct 2019 5:00pm - 16 Oct 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical session will provide guidance on drafting key will clauses and will deal with some of the complexities and nuances of will drafting.

    This session will also cover:

    • Appointment of executors
    • Bequests and devices
    • Residue clauses
    • Superannuation streaming
  • 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 will be chaired by:

    Georgina Grigoriou, Barrister, Victorian Bar


    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.

    Presented by: Ines Kallweit, Principal Solicitor and Accredited Wills & Estates Specialist, KHQ Lawyers - Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2018.

    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.

    Presented by: Mercia Chapman, Senior Legal Counsel, Equity Trustees

    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.

    Presented by: Michael Clohesy, Principal Lawyer, Aitken Partners


    Jack Conway, Associate, Aitken Partners

    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, Moores

    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.

    Presented by: Sandra Karabidian, Barrister, Victorian Bar

    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

    Filling Fast!
  • November 2019

  • Monday, 11 November 2019
    11 Nov 2019 9:00am - 11 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop provides an essential overview of Estate Planning from initial consideration of options, through to executors responsibilities, death benefits trusts and more. Gain confidence to be able to operate more effectively in this complex area.

    Topics covered are:

    •     Ownership - 4 key types
    •     Key planning issues
    •     Superannuation death benefits
    •     Drafting exercise - binding death benefit nomination
    •     Estate planning and existing family/hybrid trusts
    •     Key attributes for wills and testamentary trusts
    •     Drafting exercise - beneficiary controlled testamentary trust
    •     Vulnerable beneficiaries
    •     Means tested pension eligibility - operation of deeming rules
    •     Income tax concessions
    •     Capital gains tax
    •     Enduring powers of attorney
    •     Philanthropic or charitable trusts
    •     Executors' responsibilities
    •     Insurance death benefits trusts
    •     After the event estate planning


    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'.

  • Thursday, 14 November 2019
    14 Nov 2019 9:00am - 14 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to provide a solid foundation for those wishing to practice in this area. The program includes:

    • Intestacy
    • Domestic partners
    • Using will precedents
    • Common drafting practices
    • Considerations in preparing a will
    • Codicils
    • Execution
    • Revocation
    • Alteration
    • Rectification
    • Wills storage
    • Testamentary capacity
    • Undue influence
    • Executor's duties
    • Executor's commission
    • Powers of trustees
    • Essential and optional provisions and clauses
    • Costing the file
    • Basic estate planning
    • Legal professional responsibilities
    • Powers of Attorney

    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'.

  • 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!


    Early bird price available until Friday, 25 October 2019: $695 (incl. GST)
    Full price: $725 (incl. GST)


    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;

    • NDIS Quality and Safeguards Commission effective 1 July 2019;

    • 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.

    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; Recognized 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;

    • Intersection of Relevant legislation – Surveillance Law including CCTV, Human Rights, Workplace Surveillance Laws, Privacy Act, Aged Care Legislation, and contractual rights between provider and resident;

    • Document Retention, Records Management and Destruction Practices;

    • Data Security.

    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;

    • Financial considerations for the Parent / Family Members;

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

    • Centrelink’s “Granny Flat” and Gifting Rules;

    • Pensions – How this may affect your client;

    • Tax Implications;

    • Impacts on the Estate;

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

    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;

    • Staff Assaults on Residents;

    • Restrictions on Freedom;

    • Food Quality and Malnutrition.

    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’;

    • Advising on Coronial Inquiries and Investigations;

    • Admissible evidence.


  • Thursday, 28 November 2019
    28 Nov 2019 9:00am - 28 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop is designed to build your confidence and equip you with the necessary knowledge and skills in this sometimes complex area.

    The program includes:

    • Applications for grants of probate and letters of administration
    • Role of executor and administrator
    • Advertising
    • Preparing documents
    • Asset collection
    • Transfers of real estate
    • Taxation issues
    • Costing files
    • Final accounts
    • TFM and dealing with assets

    Presented by: Naomi Guyett, Senior Associate - LIV Accredited Wills + Estates Specialist, Lorraine Jones & Associates