Navigating Family Provision Claims
Uncover the latest developments in family provision claims and walk away with a comprehensive toolkit to manage your litigious matters. You will explore cases involving adult children and analyse the relevance of estrangement and expert evidence. Assess the de facto threshold in FPA claims and explore estate planning considerations. Evaluate practicalities in FPC by investigating strategic considerations and client management. Dive into complex executor and administrator issues. 239W05
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation
Chair: Elmi Carlean, Barrister, Francis Burt Chambers; Recommended Wills and Estates Litigation Junior Counsel, Doyle’s Guide 2019
2.00pm to 2.45pm Roundup of Recent Family Provision Claims by Adult Children – Has Anything Really Changed since Lemon v Mead?
- A summary of some notable recent family provision claims from around Australia, involving adult child applicants
- Relevance of estrangement
- Relevance and treatment of expert financial and medical evidence
- Any shift in how courts are approaching the issue of costs
Presented by Rein Squires, Barrister, Francis Burt Chambers
2.45pm to 3.30pm The De Facto Threshold in Family Provision Act Claims - What It Looks Like In 2023
- Update on latest de facto claims
- Comparing WA’s position on de facto spouses
- Considerations with multiple spouses
- Estate planning considerations and the inadequacies of the right to reside
Presented by Heather Williams Director and Principal Solicitor, Sunstone Legal
3.30pm to 3.45pm Afternoon Break
3.45pm to 4.30pm Practicalities of Family Provision Claims
- Receive a summary of the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2022 relevant to Family Provision Claims and a guide to legal costs management
- Review the strategic considerations required when representing clients in Family Provisions Claims
- Investigate some practical tips for client and case management
- Evaluate an overview of recent Family Provision Claims cases
Presented by Kellie Woods, Managing Associate, Dentons Australia
4.30pm to 5.15pm Complex Executor & Administrator Issues in Family Provision Claims
- Escrow agreements
- Superannuation applications by LPRs – a breach of duty?
- Review of LPR decision making under s94 of the Trustees Act 1962 (WA)
- Stamp duty implications on FPC settlement agreements and consent orders
Presented by Craig Gregson, Practice Director, Gregson & Associates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022
Presenters
Elmi Carlean
Elmi Carlean has been a member of the Western Australian Bar Association practicing from Francis Burt Chambers in Perth since 2015. Prior to joining the bar, Elmi practiced in Brisbane between 2004 and 2009 where she was involved in a wide range of commercial litigation, insurance claims and corporate governance matters. From 2009 to 2015 she acted as in-house legal counsel in the Public Sector for the Departments of Water, Environment, and Transport, respectively, and has expertise in resources disputes, particularly in the water sector and mining industry. Elmi has particular expertise as an advocate, and has appeared as Counsel in all State and Federal Courts and Tribunals. She has a strong interest in mediation and commercial negotiation, having completed training both as a mediator and in commercial arbitration. Elmi practices predominantly in commercial litigation, taxation law, deceased estates, family law, employment law and migration law. She has a Maritime Law LLM from the University of Queensland and has acted in a number of shipping matters as well as several aviation claims. She is an adjunct lecturer for the College of Law, has published a number of articles in various legal publications and presented papers and training courses at numerous CPD events in WA. Elmi regularly contributes to the profession by way of acting pro bono on worthy matters and volunteering her time in order to mentor students.
Rein Squires
Rein is a commercial barrister with experience in the areas of contract law, property rights, guardianship and administration matters and the administration of trusts and deceased estates. Rein represents clients in private mediations and in legal proceedings, the latter most often conducted in the District and Supreme Courts of Western Australia and on occasion the State Administrative Tribunal, with a focus on identifying and pursuing the most efficient pathway towards a satisfactory resolution. Rein is known for being pragmatic and commercial in his approach and advice. Prior to joining the bar Rein was a principal of a law firm based in West Perth, practicing in the above areas to serve a broad range of private clients, small-to-medium size private businesses and private farming clients.
Heather Williams
Heather Williams is the Director and Principal Solicitor at Sunstone Legal, a law firm she started while pregnant with her 3rd child, runs from home and has 2 senior lawyers and a conveyancer also working remotely. The name, Sunstone Legal, comes from Nordic mythology where Viking sailors used sunstones on a cloudy day to detect the position of the Sun to navigate the seas. As lawyers, our education and experience means we can be that guiding light for our clients to help them safely navigate their legal matter. In Heather's practice she provides advice and assistance to Perth business owners, private clients and complex families on their succession planning, deceased estates, business contracts and employment matters. Heather is also an Associate Lecturer at Curtin Law School and a supervisor at the John Curtin Law Clinic, a pro bono clinic for law students to gain real client experience under the supervision of practising lawyers as part of their law degree. Heather has commerce and law degrees from the University of Notre Dame, a Post Graduate Diploma in Legal Practice from Bond University and a Masters in Law from the University of Western Australia.
Kellie Woods
Kellie is a Managing Associate at Dentons Australia. Dentons is the world’s largest law firm with 206 offices in 81 countries. Kellie graduated from Murdoch University in 2006 and was admitted to practice in the Supreme Court of Western Australia and Victoria and the High Court of Australia in 2007. Kellie has a wide range of litigation and alternative dispute resolution experience spanning over 14 years in the Federal Court of Australia, Federal Circuit Court and all Western Australian jurisdictions, appearing as both Counsel and instructing practitioner. Kellie’s key practice areas are contested Deceased Estate matters, trust disputes and legal costs. In addition to Kellie’s litigation experience, Kellie also has experience in Wills & Estates and Succession Planning.
Craig Gregson
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011 and the High Court of Australia in December of 2014. Craig specialises in Succession law in Western Australia and is a registered TEP member of the Society of Trust and Estate Practitioners (STEP). He holds a Bachelor of Laws (LLB) from Edith Cowan University (WA) and a Masters of Applied Law majoring in Wills and Estates Practice (LLM)(NSW) from the College of Law. Craig is a current Ph.D candidate at the University of Western Australia in the area of succession law reform.
Venue
Cliftons Perth
Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)
Parking information
Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth - click here for rates.