State Administrative Tribunal: Guardianship and Administration Matters
This seminar brings to you insights from senior and accomplished practitioners in SAT Guardianship and Administration matters. Gain a deeper understanding of substitute decision making. Take the opportunity to update yourself on the costs, best interests tests and Applications for directions in the SAT. Acquire practical tools for handling incapacity in trusts and companies. Review the exercise of protective jurisdiction of the SAT and the Supreme Court. 2211W06
Description
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Maree van der Kwast, Director, Dwyer Durack; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
2.00pm to 2.45pm The Guardianship and Administration System, Planning Ahead and Substitute Decision Making
- Guardianship and Administration legislation
- Financial and personal decision making if one loses capacity
- Information surrounding Enduring Powers of Attorney and Enduring Powers of Guardianship
Presented by Debra Casey, Manager Advocacy Investigation and Legal, Office of the Public Advocate
2.45pm to 3.30pm The Interplay Between the Exercise of Protective Jurisdiction by the Supreme Court and the State Administrative Tribunal
- Origin and development of the parens patriae jurisdiction of the Supreme Court
- Broad nature and scope of the protective jurisdiction exercised by the Supreme Court and State Administrative Tribunal
- Analysis and implications of the High Court’s decision in Burns v Corbett and subsequent WA authority on the Tribunal’s jurisdiction to make guardianship and administration orders involving persons located interstate
- Possible reform, lessons from NSW: A comparative analysis of the complimentary roles of the Tribunal (NCAT) and Supreme Court in NSW
Presented by Daniel Yazdani, Barrister, 13th Floor St James Hall
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Succession Planning: Companies, Trusts and the Guardian and Administration Act
- It is not all about the Will: Trusts and companies in succession planning
- Enduring Power of Attorney made under the Guardian and Administration Act 1990 (WA): Can it be used when a company director or personal trustee loses mental capacity to make decisions?
- Appointing a Company Power of Attorney
- Appointor of a Trust: The key to Trust succession planning
- Self-Managed Superannuation Funds
Presented by Leslie Buchbinder, Director, Bowen Buchbinder Vilensky Lawyers
4.30pm to 5.15pm Guardianship and Administration: Costs, “Best Interests” Tests and Application for Directions
- When and how to apply for directions from SAT for guardians, administrators and attorneys
- When to have legal representation at SAT guardianship and administration hearings, including when and how to claim costs
- What are the "best interests" tests for guardians and administrators?
Presented by Richard Graham, Partner, Vogt Graham Lawyers; member, Courts Committee and the Costs Committee, Law Society of WA
Presenters
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.
Debra Casey
Over her career with the Office of the Public Advocate, Debra Casey has carried out a number of different roles. She has worked as a guardian, senior policy officer, enduring power of guardianship implementation officer, as well as periods acting as the Public Advocate. Debra is currently Manager Advocacy Investigation and Legal. One aspect of this role is assessing referrals from community members who are concerned about people who may be experiencing neglect or abuse and managing the team of people who investigate these concerns. Prior to working with the Office of the Public Advocate, Debra worked in the disability sector for a number of years, including positions within local government and the not for profit sector.
Daniel Yazdani
Daniel Yazdani was admitted to the Bar in May 2022. Prior to his admission, from 2020 to April 2022, Daniel was Tipstaff (and, during most of 2021, Acting Associate) to the Hon. Justice Lindsay, who is the Protective List Judge and was for many years also the Probate List Judge, sitting in the Equity Division of the Supreme Court of New South Wales. Prior to his roles in the NSW Supreme Court, Daniel practised as a solicitor in Perth in contentious probate, family provision, and general equity litigation, as well as non-contentious probate, estate planning and conveyancing. Daniel has tutored in both Contract Law and Succession Law units at the University of Western Australia and has previously presented in Legalwise, STEP and Law Society of WA seminars.
Leslie Buchbinder
Leslie Buchbinder completed B Juris and LLB at University of Western Australia graduating with LLB in 1977. He was admitted to Practice in the Supreme Court of Western Australia in December 1978. Les is currently a Director of BBV Legal Pty Ltd trading as Bowen Buchbinder Vilensky, Lawyers. Leslie is a partner in the firm of Bowen Buchbinder Vilensky and subsequently director of BBV Legal Pty Ltd since 1987. Leslie has had extensive experience in personal injury law, criminal law, commercial litigation and administrative law. Leslie Buchbinder has presented papers at various seminars in the area of Occupational Health and Safety law Industrial Relations law and Contract law and previously tutored at Curtin University in Contracts and Evidence and Murdoch University Law School part-time in Criminal Law. Leslie Buchbinder has appeared as Counsel in my judiciaries including Magistrate's Courts, Coroner's Courts, Industrial Relations Court, State Administrative Tribunals, District Court of Western Australia and Supreme Court of Western Australia.
Richard Graham
Richard Graham is a partner at Vogt Graham Lawyers. He specialises in civil litigation, especially defamation, guardianship and administration in SAT, civil debt recovery and legal costs disputes. He also undertakes estates and probate matters. He is the author of Civil Procedure WA Magistrates Court, known as "The Magistrates Court Red Book". Richard is a member of 2 committees at the Law Society of WA. These are the Courts Committee and the Costs Committee.
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.