State Administrative Tribunal and Guardianship Matters
We’ve gathered the experts and they are covering all the big issues affecting wills and estates practitioners at the SAT. Catch up on the recent guardianship and administration appeal and review cases, explore the review requirements and procedure, examine guardianship matters including sibling and family conflicts, unravel the rights and responsibilities of attorneys and administrators, and demystify the ethical issues arising from SAT applications including confidentiality provisions. 2111W05
Description
Attend and earn 4 CPD points including:
1 point in Competency Area 3: Ethics & Professional Responsibility
3 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Elizabeth Heenan, Consultant, Culshaw Miller Lawyers; Leading Wills and Estates Litigation Lawyer, Doyle’s Guide 2019; Chair, Elder Law and Succession Committee, Law Society of WA; member, Elder Law and Succession Committee, Law Council of Australia
9.00am to 10.00am State Administrative Tribunal Administration Matters
- A broad overview of administration matters in SAT including the principles applied in those matters
- Evidence, summonses and orders in SAT proceedings
- The rights and responsibilities of attorneys and administrators; including reference to Britney Spears case
Presented by John Butler, Special Counsel, Butlers Lawyers & Notaries
10.00am to 11.00am Practical Tips for Guardianship Applications
- Conflict in the family
- Expert evidence
- The Public Advocate and Public Trustee
- Behaviour Support Plans & restrictive practices
- Immediate decisions and urgency
- Gifting authorities
- Default decision-makers for treatment decisions
- Statistics on applications in SAT
- Acting for clients who are house-bound or in hospital
- Post-hearing ‘client care’
Presented by Richard Graham, Partner, Vogt Graham Lawyers; member, Courts Committee and the Costs Committee, Law Society of WA
11.00am to 11.15am Morning Tea
Competency Area 3: Ethics & Professional Responsibility
11.15am to 12.15pm Ethical Issues that Arise from SAT Applications
- Who is your client?
- Is your client capable of giving instructions
- Who is responsible for the payments?
- What to do with documents
- Confidentiality provisions
Presented by Maree van der Kwast, Director, Dwyer Durack; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
12.15pm to 1.15pm Reviews and Appeals of SAT Guardianship and Administration Matters
- Guardianship and Administration appeal requirements and procedure
- G&A review requirements and procedure
- Recent G&A appeal and review cases
Presented by Beverley Sorrell, Lawyer, Croftbridge
Presenters
Elizabeth Heenan
Elizabeth has had over 40 years’ experience practising in the areas of Trusts, Wills, Probate, Administration of Estates, Guardianship matters and advising families on Inheritance Act disputes. She is the Consulting Editor to Butterworth’s Wills, Probate and Administration Services in Western Australia. Elizabeth is a member of the Attorney General’s Working Group which has advised on the amendments to the Wills Act Amendment Act 2006 proclaimed in 2008, the Inheritance (Families and Dependants Provision) Amendment Act proclaimed in 2012 as the Family Provision Act, and the Administration Amendment Bill 2021, presently before the Parliament. She is a member of STEP and is a fellow of the Tax institute of Australia.
John Butler
John Butler has worked in the law for more than 54 years. He is a Barrister and Solicitor of the Supreme Court of Western Australia, a Solicitor of the Supreme Court of New South Wales, a Barrister and Solicitor of the Supreme Court of the Australian Capital Territory, and on the Roll of Legal Practitioners for the High Court of Australia. In addition to Western Australia, John has practised in New South Wales and the ACT. He has been a partner in a national legal firm and has twice established his own practice. John is currently the Principal of Butlers, Lawyers & Notaries, based in Nedlands.
Richard Graham
Richard specialises in commercial and civil litigation, especially guardianship and administration in SAT, civil debt recovery and legal costs disputes. He also undertakes estates and probate matters. Richard is the author of Civil Procedure WA Magistrates Court, known as "The Magistrates Court Red Book". He is a member of the Courts Committee and the Costs Committee at the Law Society of WA.
Maree van der Kwast
Maree van der Kwast joined Dwyer Durack in 2001. She heads the Succession Department. In July 2005 Maree became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights. Since being admitted to practice she has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. Maree also drafts Wills and administers non-contentious estates.
Beverley Sorrell
Beverley practices in wills and estate planning, probate and administration of estates, inheritance claims and estate disputes. Beverley also acts on behalf of clients in guardianship and administration matters in the State Administrative Tribunal. Beverley prides herself in providing an exceptional client service and is focused on assisting clients reach a cost effective stress free resolution. Beverley has a special interest in utilising collaborative practice as a form of dispute resolution focusing on the clients’ needs to achieve better outcomes.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.