Estate Litigation: Part IV Claims and Equitable Remedies
With estate claims on the rise, experts will provide practical insights on how to protect your clients from claims before it is too late. You will also gain deep insights into Part IV claims and equitable remedies. This program is jam packed with the latest cases and guidance on how to handle claims by adult children, the intersection of family law and Part IV claims, and more.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Julie Davis, Barrister, Foley’s List
9.00am to 10.00am: TFM Claims by Adult Children: An Update
- Recent cases
- Sufficient evidence to determine the plaintiff’s financial circumstances
- Sections 91(4) and s.91(5) Administration & Probate Act 1958
- Concepts of ‘adequate’, ‘proper’, ‘maintenance and support’
Presented by Georgina Grigoriou, Barrister & Accredited Mediator, Greens List; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
10.00am to 11.00am: Equitable Remedies in Estate Disputes
- Establishing constructive trusts: legal and factual matters
- Recent cases raising equitable estoppel
- Evidentiary issues in these matters
- Impact on the grant of probate and estate administration
- Costs orders in estate litigation
Presented by Carolyn Sparke QC, Svenson Barristers; Market Leader Wills & Estates Senior Counsel, Doyle’s Guide 2019
11.00am to 11.10am Break
11.10am to 12.10pm: Intersection of Family Law with Part IV Claims: Practical Insights
- The impact of the death of a spouse on family law proceedings
- The impact of the resolution of family law proceedings on family provision claims
- Discretionary considerations under the Family Law Act 1975 and Administration and Probate Act 1958 - given the choice, which path should you take?
Presented by Lachlan Wraith, Barrister, Foley’s List; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
12.10pm to 1.10pm: Document Disclosure, Discovery and Subpoenas in Family Provision and Trust Litigation
- What does document disclosure look like?
- Advising your clients on their obligations to disclose documents
- Civil Procedure Act obligations on practitioners
- When is discovery available in family provision claims?
- What does discovery look like in trust litigation?
- What are the procedural requirements for discovery and subpoenas?
Presented by Jennifer Maher, Principal Lawyer, KCL Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyers, Doyle’s Guide 2020 and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
Presenters
Carolyn Sparke QC, Svenson Barristers
Carolyn Sparke QC joined the Bar in 1991 and took Silk in 2012. She commenced at the Bar with a broad commercial practice. She also specialises in equity, trusts and deceased estate cases; and also works in the administration and guardianship jurisdiction, including looking at the roles and powers of attorneys under power. Carolyn is an Accredited Mediator and also the Victorian Bar's representative on the VCAT Guardianship List users committee. She is co-author of Lexis-Nexis "Wills Probate and Administration Service Victoria" and sits on the Editorial Committee for the "Wills and Probate Bulletin" and the Trust Quarterly Review.
Georgina Grigoriou, Barrister, Greens List
In her 30 years at the Victorian Bar, Georgina Grigoriou has developed a specialist practice in the areas of wills and estates, probate/TFM, equity, trusts and general commercial law, appearing extensively both as Counsel running trials in the Supreme Court and County Court and as Mediator. As a leading, Nationally Accredited Mediator, Georgina has a strong Mediation practice in civil disputes, particularly complex probate/wills and deceased estates matters and a wide range of general commercial disputes, including property, trusts and contractual disputes.
Lachlan Wraith, Barrister, Foley’s List
Lachlan commenced at the Bar in 1996 following 3.5 years working in a regional Victorian law firm. Lachlan practised primarily in family law until 2007 when he left the Bar to take a position as Head of Personal Estates & Trusts at Equity Trustees Ltd. His time at Equity Trustees gave him a broad and practical exposure to the legal and tax issues related to estates, trusts (testamentary, family, special disability, compensation trusts and charitable trust), representative administrations (VCAT and Powers of Attorney) and issues relating to the licensed trustee companies industry. Lachlan returned to the Bar in early 2013 and now focuses his practice on trust and estate work as well as family law matters involving trust and estate related issues.
Jennifer Maher, Principal Lawyer, KCL Law
Jennifer advises private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning.
Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as a number of significant cases in wills, estate and equity matters including cy-près applications. Her practice incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts.
Julie Davis, Barrister, Foley’s List
Julie’s practice includes land use and development, advocacy and advice, Public Sector and Administrative Law and testators family maintenance. Julie is an experienced advocate before the VCAT in its various jurisdictions. She has for many years been a member of the Law Institute of Victoria’s Property and Environmental Law Section, Planning and Local Government Committee. Previously, Julie acquired a wide range of valuable experience as a Solicitor in private practice and as corporate counsel with City West Water, Parks Victoria, Melbourne City Council and City of Port Phillip.