Guardianship and Administration Matters
Seize this opportunity to understand all the big issues affecting wills and estates practitioners at QCAT. Delve into the nuts and bolts of applications and the distinction between administrators and guardians. Decipher the process of replacing attorneys under s116. Catch up on case law concerning conflict transactions and treatment of costs in the GAA jurisdiction. This seminar is a must attend for all wills and estates lawyers WEB226Q06
Description
Attend and earn 3 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Kate Do, Senior Associate, Shine Lawyers
2.00pm to 2.45pm QCAT Application: Administrators and Guardians
- The difference between administrators and guardians
- The principles that must be applied by administrators and guardians
- Issues to consider when making an application to QCAT
Presented by Jennifer Sheean, Barrister, Level 12 Inns of Court; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
2.45pm to 3.30pm What Else can QCAT do in the Guardianship and Administration Jurisdiction?
- Replacement of attorneys under s116 of the Act
- Directions, recommendations and advice
- Confidentiality orders
- Other little-known tips
Presented by Chris Herrald, Partner, Mullins; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm The Before and After of Conflict Transactions
- Case law concerning conflict transactions
- The Authorisation process
- Treatment of conflict issues in the Supreme Court
Presented by Margaret Arthur, Special Counsel, HopgoodGanim; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
4.30pm to 5.15pm Treatment of Costs in the GAA Jurisdiction
- General rules on costs in QCAT
- Specific statutory regimes with costs provisions
- Recent cases where costs orders have been made in the GAA jurisdiction
- Things to consider in seeking costs (or not) in a GAA application
Presented by Angela Rae, Barrister, Burnett Lane Chambers and Hemmant’s List; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Presenters
Kate Do
Kate Do is a Senior Associate with Shine Lawyers Wills & Estates practice, delivering expert legal advice to her clients on succession, trust and estate litigation. Having worked in the law for almost two decades, Kate has significant experience in succession law and is held in high regard by practitioners in that field. Kate has been involved in several cases of note on procedural and substantive law. Kate holds degrees in Law and Business majoring in Accounting from the Queensland University of Technology, was admitted as a Solicitor in 2006, and obtained a Master of Laws (Applied Law), majoring in Wills & Estates.
Jennifer Sheean
Jennifer Sheean was admitted as a solicitor in New South Wales in 1992 after having worked in various roles in law firms since 1980 and as an Associate to the late New South Wales Court of Appeal Judge, Justice Roddy Meagher from 1990 to 1992. After travelling generally and living in Chile for about a year (where she learnt to speak Spanish), Jennifer moved home to Brisbane and worked in private practice, completing an LLM (Maritime Law) at the University of Queensland in 2003. In 2006, she began lecturing full-time at the College of Law Practical Legal Training course. In 2011, Jennifer went back into practice and is now at the Private Bar in Brisbane working primarily in Equity, trusts and estate law, property and contract law, and commercial law. She has a particular interest in cross-border estate issues and completed the STEP Advanced Certificate in Cross-Border Estates with Distinction in 2017. Jennifer also appears on occasion for the Legal Practitioners Admissions Board in relation to admission applications. Jennifer is a member of STEP, a committee member of STEP Queensland, on the Policy Committee of STEP Australia, and a STEP Australia Board member. She is also a Sessional Member with QCAT and the Chair of the Virginia Golf Club’s Appeals Committee.
Chris Herrald
Chris Herrald provides clients with practical advice based on knowledge gained from her years practising as a Wills & Estates lawyer. She advises her clients in relation to a broad range of estate matters, including estate planning (including wills and testamentary trusts), estate administration (including advising executors, administrators and beneficiaries), contentious and non-contentious estate litigation (including family provision applications, solemn form proceedings, interpretation or rectification of wills), guardianship and administration matters (including enduring powers of attorney, proceedings in the Queensland Civil and Administrative Tribunal and advice to attorneys, guardians and administrators in relation to the exercise of their powers). She is an active member of the legal community and currently serve on three committees – as Deputy Chair of the Queensland Law Society (QLS) Succession Law Committee, as a member of the QLS Elder Law Committee and as the Secretary for STEP Qld Committee.
Margaret Arthur
Margaret Arthur is a Special Counsel with HopgoodGanim Lawyers and an Accredited Specialist in Succession Law. Margaret brings a wealth of knowledge and practical experience to all areas of wills and estates matters. She has a number of special interest areas including disputes involving issues of cognitive capacity and, on a daily basis, Margaret advises and acts for clients in the Queensland Civil and Administrative Tribunal’s (QCAT) administration/ guardianship matters. Also, of particular interest to Margaret is acting as an independent administrator or litigation guardian in complex estate disputes or administrations. Margaret is the Chair of the Health & Disability Committee of the Queensland Law Society (QLS), a member of the QLS’s Succession Law Committee and on the management committee of Caxton Legal Centre. She is a former part-time Member of QCAT and has been recognised by Doyle’s as a recommended lawyer in wills and estate planning, and estate litigation.
Angela Rae
Angela Rae’s principal expertise is in commercial litigation and estate matters. In particular, she practices in: company law disputes, including regulatory matters; professional liability of directors and officers, particularly in financial advice; insolvency; disputes involving partnerships and incorporated associations; equity and trusts; and contract and real property disputes. Recent matters include acting for the special purpose liquidators of Queensland Nickel Pty Ltd; acting for the majority shareholder in a $6M oppression action; and acting for the Commonwealth in relation to the insolvency consequences of a terminated statutory scheme. She also regularly acts in trust and estate matters, currently including a $6M estate with assets in Australia and Europe. Angela has a professional interest in “plain language” drafting and is a member of Clarity International. She speaks internationally on topics such as drafting by committee and challenges with self-represented litigants. Additionally, Angela speaks Japanese fluently, completing part of her law studies at Hitotsubashi University in Tokyo and postgraduate research at the Australian National University.