Wills & Estates Conference

Join us for an in-depth program to elevate your skills and knowledge in estate disputes and planning. Gain insights into effective estate dispute and litigation, from setting up an originating process to applying for Estoppel and Constructive Trusts and applying for Judicial Advice. Learn management strategies for estate plans involving company constitutions, financial statements and foreign assets, and blended families. Do not miss this comprehensive seminar that will equip you for the year ahead. 243W01

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on WA legislation

Session 1

Wills & Estates Disputes & Litigation

The world of estate dispute can be complex. Session 1 is built to increase your competency in the nitty gritty of the litigation processes, from asking your clients the right questions to implementing the best strategy for success. Learn how to maintain procedural efficiency while upholding the needs and interests of your clients, especially those with intricate family dynamics. 

Chair: Ann Spencer, Barrister, Francis Burt Chambers; Leading Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2023; Leading Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2022

9.00am to 9.05am Opening Comments by the Chair

9.05am to 10.00am Originating Process: Setup for Success

  • Legislative requirements and case studies pertaining to various types of wills & estates disputes
  • Best practices and procedures for pleadings, particulars and amendments

Presented by Maree van der Kwast, Senior Consultant, Private Clients Group, Jackson McDonald; Leading Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

10.00am to 11.10am Family Businesses, Estoppel and Constructive Trusts in Estate Litigation

With the great wealth transfer now in full swing, litigated estates are growing exponentially, in number, in value, and in complexity.

A significant number of these litigated estates involve a family business or shared enterprise, resulting in disputes about who contributed what. This seems to be most prevalent amongst rural families, leaving us asking the all-important question: ‘Who gets the farm?’

You will explore common claims against estates containing a family business, with a focus on:

  • Estoppel
  • Constructive trusts
  • Case preparation for solicitors and barristers
  • Pitfalls, and how to avoid them

Presented by Morgan Solomon, Director, Solomon Hollett Lawyers; Leading Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023; Leading Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023 and Damon Van Kempen, Barrister, Francis Burt Chambers

11.10am to 11.25am Morning Tea

11.25am to 12.20pm Trust and Estate Disputes with Cross-Border Dimensions

  • The different concepts of property in the international context
  • Domicile and proper law of trusts and estates
  • Jurisdiction with respect to trusts, estates and Family Provision claims
  • Relevant international conventions
  • Arbitration in trust and estate matters

Presented by Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Wills & Estates Litigation Junior Counsel – Western Australia, Doyle’s Guide 2023; Recommended Family Law Junior Counsel – Western Australia, Doyle’s Guide 2023

12.20pm to 1.15pm Application for Judicial Advice

  • Unpacking its historical origins and purposes
  • Procedure and best practice(s) for successful application
  • Recent examples

Presented by Peter Nevin, Partner, Taylor Smart; Recommended Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Session 2

Estates Planning & Asset Protection

Succession law is an evolving landscape. Join our thought leaders as they share the latest developments in the realm of estate planning, from managing complex asset structures to understanding various tax implications. Gain insights on the best approach to manage unique family needs and protect your clients from the ever-present risk of estate claims. 

Chair: Robert Nash, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2023

2.00pm to 3.00pm Foreign Assets: Strategies for Bulletproof Protection

  • Ascertaining the domicile of the Testator
  • Testing the nature and location of global assets
  • Developing a global, collaborative, estate plan, including consideration of tax outcomes
  • Multiple Wills, a local Will or an International Will?
  • Consider non-estate assets and global succession planning
  • Importance of regular review and other tips and traps to avoid

Presented by Lee-Ann Cartoon, Principal, Succession Solutions Perth; Recommended Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023

3.00pm to 4.00pm Considerations for Company Constitutions and Financial Statements in Estate Planning

  • Verifying asset ownership
  • Identifying and dealing with beneficiary loan accounts
  • Ensuring continuity of management and decision-making of private companies between date of death and grant of probate
  • Achieving workable succession plan for future management and control of private companies including corporate trustees on death of client
  • Utility of governance deed / tailored constitution as part of plan to pass control of family trust and promote representation and equity in future decision-making
  • Corporate SMSF trustee and successor directors

Presented by Sally Bruce, TEP, Partner, Succession + Estate, Jackson McDonald; Preeminent Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023; Preeminent Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Holistic Estate Planning in the Context of Blended Family

  • What are the unique challenges of creating a will in a blended family and how to overcome them to prevent future conflicts
  • Exploring legal structures such (e.g. discretionary testamentary trusts, mutual wills, binding financial agreements, and binding or non-binding nomination forms) to ensure assets are properly handled
  • Additional considerations

Presented by Karolina Rzymkowska, Director, Perth Legal Collective; Recommended Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Presenters

Ann Spencer
Ann is a commercial barrister and joined Francis Burt Chambers in 2019. She has trial and appellate experience across a range of areas including property, trusts and estates disputes. As counsel she also is regularly provides opinions in complex areas and appears at mediations. Ann is approachable and pragmatic, as well as responsive to her client’s needs. 

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. 

Brendan Ashdown
Brendan Ashdown has been admitted to legal practice for 30 years.  After founding his own firm in 1995, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers.  Brendan undertakes trial and appellate work with an emphasis on equity & trusts, contentious wills & estates, insolvency and family law property matters (involving trust, company, insolvency & third party issues). 

Peter Nevin
Peter Nevin is a Partner in the Commercial Litigation practice group of Taylor Smart Lawyers and Notaries. Admitted to practice in 1995, Peter's areas of expertise are wills and estate disputes, commercial litigation and employment law, with a particular interest in wills and estate litigation.  He has acted as Counsel for executors, beneficiaries and claimants in relation to Family Provision Act claims, will disputes, capacity matters, estate administration disputes, and other contentious wills and estate matters, and was named by Doyle's Guide as a recommended wills and estate litigation lawyer in Western Australia in 2016 and 2017 2023. Peter is a full member of the Society of Trust and Estate Practitioners. 

Morgan Solomon
Founding Director at Perth law firm Solomon Hollett Lawyers, Morgan has decades of experience in succession law, commercial, business, wills and estates and estate litigation.  Prior to opening Solomon Hollett Lawyers along with Craig Hollett in 2015,  Morgan was Director at one of Western Australia's leading midsized law firm.  Morgan has particular interest in Wills, Contested Estates, Contentious Probate and Administration matters and currently is the author of the Lexis Nexis practical guides on non contentious probate, administration and Wills in WA. His Will drafting is also informed by a very broad range of commercial, business and litigation law experience.  In recent years Morgan has held the positions of Vice Chair and then Chairman of the prestigious Law Australasia group of leading independent law firms across Australia and was a board member of the Prostate Cancer Foundation WA.  A third generation West Australian lawyer, he also takes an active role in the State's cultural community, as a founding member of the WA Chamber of Culture and the Arts, holds an honours degree in fine art from UWA and, and sits as Chair of the statutory body  the Arts and Culture Trust. 

Damon Van Kempen
Damon is a barrister at Francis Burt Chambers, practicing in commercial and estate litigation. Prior to joining the Bar, Damon was a solicitor at a Doyle’s listed firm, where he dealt with a variety of estoppel and trust claims, in both a commercial and succession context.

Robert Nash
Robert Nash has been admitted to legal practice since 1987. He has practiced as an independent barrister for over 20 years at Francis Burt Chambers, is an accredited mediator, and is a member of STEP. In recent years his practice at the Bar has been primarily providing advice and acting as counsel in the areas of succession, estate administration, trusts, real property, and military discipline law. He is the Chairperson of the Racing Penalties Appeal Tribunal of Western Australia and was formerly the Head of Panel of the WA Navy Legal Panel. 

Lee-Ann Cartoon
Lee-Ann Cartoon is an experienced tax and succession planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in complex estate and succession planning and regularly advises and presents across these areas. Lee-Ann is a Member of the STEP WA State Committee, Chair of the STEP WA Membership and Promotion Sub-Committee and Member of the national STEP Membership and Promotion Sub-Committee. Lee-Ann has been recognised in Doyle's Guide since 2021 in the category of "Leading Wills, Estates & Succession Planning Lawyers - Western Australia".

Sally Bruce
Sally Bruce joined Jackson McDonald in January 2008 and currently holds the position of Partner with that firm. For the past 20 years, Sally has practised predominantly in the areas of succession planning, estate , litigation, trusts, deceased estates and guardianship and administration. Sally is a member of the Law Society of WA and the Society of Trust and Estate Practitioners. She is also a member of the Elder Law and Succession Committee of the Law Society of WA and a member of the National Elder Law and Succession Committee of the Law Counsel of Australia. 

Karolina Rzymkowska
Karolina Rzymkowska is a founding director of Perth Legal Collective, a boutique fixed price law firm operating out of Burswood. Karolina has practiced in the area of Wills, Estates and Commercial Law for over 15 years and has assisted clients with all aspects of their personal & business succession planning, estate dispute matters, deceased estate administration and commercial advice and documentation. Prior to founding Perth Legal Collective, Karolina held management roles and partnership positions in several well-known boutique law firms as well as leading the estates team at ANZ Trustees in WA and SA. Karolina has a strong interest in aged care and holds a board position with a local aged care and disability services provider. Karolina is also a fully qualified Collaborative Law Practitioner and is a member of Collaborative Professionals WA.

Venue

Cliftons Perth

Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia

Cliftons Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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