Succession Law Symposium
Immerse yourself in the information and updates that you need to know as a wills and estates lawyer at this premier event. Receive a comprehensive case update and discover the latest in contested probate and probate proceedings. Consider capacity from both the medical and legal perspectives. Gain those all-important core CPD units and hear topics that are tailored to ensure relevancy for estate lawyers and can be immediately applied to your practice. 243N26
Description
Attend and earn 7 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
2 units in Professional Skills
This program is based on NSW legislation
Session 1
Critical Estate Disputes and Complex Administration
Chair: Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills & Estates Law; Leading Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2023
9.00am to 9.20am Opening Address: Changes to the Probate and Succession List in 2023-2024
Presented by The Hon. Justice Michael Meek, Supreme Court of NSW
9.20am 10.20am Wills, Estates and Family Provisions Case Updates
A review of the latest and relevant cases from the last 12 months, with a practical analysis of their application to your day-to-day practice and clients.
Presented by François FF Salama, Barrister & Mediator, 13th Floor St James Hall; Co-author, Australian Succession Law Looseleaf, Thomson Reuters and Board Member, NSW Chapter – STEP Australia
10.20am to 11.15am Undue Influence in Probate
- Consideration of selected cases
- Fraudulent calumny and Australian Law
- Equitable undue influence and probate: Alexakis v Masters
Presented by Hugh Morrison, Barrister, 13th Floor St James Hall; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2023
11.15am to 11.30am Morning Tea Break
Professional Skills
11.30am to 12.20pm Practical Guide to Running Family Provisions Cases in the Supreme Court
Presented by Justin Brown, Barrister, 13 Wentworth Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2023
12.20pm to 1.15pm Capacity and Dementia: A Panel Discussion with Senior Legal and Medical Specialists
Facilitated by Gerard Basha, Partner, Bartier Perry
Panellists:
Adjunct Professor Dr Tuly Rosenfeld, Senior Specialist Geriatrician and Physician
Dr Hayley Bennett, Barrister, New Chambers
Tamara Goodwin, Legal Practitioner Director, Glass Goodwin; Accredited Specialist in Wills and Estates Law; Pre-eminent Wills and Estates Litigation and Succession Planning Lawyer Doyles Guide 2022
Session 2
Wills and Estates: Ethics, Professional Skills and Practice Management
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers
Practice Management
2.00pm to 3.00pm Common Practice Management Risks in Wills and Estates Practice
- Identification of common areas of risk in will drafting
- Impact of delay in preparing a will
- Implementing strategies when something goes wrong
- Issues when Court proceedings are necessary
- Recent cases
Presented by Anthea Kennedy, Partner, Bridges Lawyers; Accredited Specialist, Wills and Estates Law; Preeminent, Wills & Estates Litigation and Preeminent Wills, Estates & Succession Planning Lawyer and Market Leader, Wills & Estates Litigation Lawyer, Doyle’s Guide 2023.
Ethics & Professional Responsibility
3.00pm to 4.00pm Suspicious Wills and Tainted Gifts: Acting for Vulnerable Clients on Improvident Transactions (Without Getting Sued)
- Solicitor’s duties and obligations to vulnerable clients
- Will drafting in ‘suspicious circumstances’
- Advising on gifts that may be tainted by a beneficiary’s undue influence, or unconscionable conduct
- Potential liability to the estate, or to disappointed beneficiaries
- Recent cases when its gone wrong
Presented by Patrick Wiggins, Barrister, 13 Wentworth Chambers
4.00pm to 4.15pm Afternoon Tea Break
Professional Skills
4.15pm to 5.15pm Probate: 9 Months of Online Applications and Electronic Grants
- Tips to obtain a Grant on a Registrar’s first review: frequently raised Requisitions
- Paper applications: complex Probate and Special Grants of Administration
- Upcoming enhancements to the Online Probate Service
Presented by Senior Deputy Registrar Peter Onisforou, Supreme Court of New South Wales; Registered Trust and Estate Practitioner (STEP)
Presenters
Gerard Basha
Gerard Basha is the head of Bartier Perry’s private clients team. He is recognised as a leader in his field and his clients benefit from his wide-ranging experience and specialist legal advice. Gerard has advised and been involved as an expert court witness in succession law cases. He is an Accredited Specialist in Wills and Estates Law and a Notary Public, Chair of the NSW Wills and Estates Law Accredited Specialists Practice Group, and a Registered Trust and Estate Practitioner with the Society of Trust and Estate Practitioners (STEP). Doyle’s Guide to the Australian Legal Profession has recognised Gerard as a leading wills & estates litigation lawyer in both NSW and Australia from 2016 to 2022 and as a leading wills & succession planning lawyer from 2017 to 2022.
The Hon. Justice Michael Meek
Justice Meek was appointed to the Supreme Court of NSW and is one of the Equity Division judges. His Honour holds a Bachelor of Laws and Bachelor of Economics from the University of Sydney, sharing the award for First in the Final year for Economic Statistics. His Honour was called to the Bar in 1992 and appointed Senior Counsel in 2009. At the time of his appointment his Honour was acknowledged as a specialist in the areas of estates, trust, protective and charities law, was listed in the 2017-2021 Doyle’s Guide as a Pre-eminent Senior Counsel in the area of Wills & Estates Litigation in NSW and recognised as one of the leading Senior Counsel in Australia in this area. His Honour’s practice saw him briefed in significant estate litigation, including the estates of the late Bart Cummings and the late Reg Grundy. His Honour was at the forefront of the law in relation to Statutory Will applications in NSW appearing in both the first landmark decision of Re Fenwick (2009) and the first Statutory Will appeal being Small v Phillips (2019). Following his appointment to the Court his Honour was initially assigned to “General Equity” matters. In July 2023 his Honour was designated as the Succession and Probate List Judge and with 3 other judges on a rotational basis, deals with List matters and also “General Equity” matters.
François FF Salama
François F.F. Salama was called to the NSW Bar in 2006. He has a diverse commercial law practice but is known for his work across the three main specialised areas within the Equity Division of the Supreme Court of NSW. François regularly appears in superior courts at first instance and on appeal across all Australian jurisdictions. François has attained a Bachelor of Laws (UTS), Bachelor of Science in Computing Science (Information Technology) (UTS), Diploma in IT Professional Practice (UTS), Graduate Diploma in Legal Practice (UTS), a Master of Laws, is a Registered Trust & Estate Practitioner (TEP) and Nationally Accredited NMAS Mediator (Med). François is currently serving his second term on the NSW Bar Succession and Protective Law Committee and was most recently appointed a Board Member for the NSW Chapter of the Society of Trust and Estate Practitioners. Francois has been consistently recognised by his peers as a 'leading lawyer' in the Doyles Guide (2019-2023) and was also a Finalist for the 2023 Australian Law Awards "Barrister of the Year".
Hugh Morrison
Hugh was called to the NSW Bar in 2017. Prior to coming to the Bar, Hugh worked as a solicitor at Teece Hodgson & Ward. He also worked as Tipstaff to the Probate and Protective List Judge in the Equity Division of the Supreme Court of NSW. Hugh practices primarily in probate, family provision, equity and protective litigation. Hugh has lectured in Succession for the Sydney University Law Extension Committee Diploma of Law (LPAB). Hugh was listed in the Doyle’s Guide “Wills & Estates Litigation Junior Counsel” as Recommended Counsel in 2019 and Leading Counsel in 2020, 2021, 2022 and 2023.
Justin Brown
Justin has been listed since 2017 in the Doyle’s Guide as Recommended Junior Counsel in the area of Leading Wills & Estates Litigation Junior Counsel. He is recognised for the depth and breadth of his advocacy skills, understanding of complex legal issues and strategic thinking. Justin is also a lecturer in succession law at the University of Sydney and has been a guest lecturer in the courses offered by the College of Law in the Master of Applied Law (Wills and Estates). He regularly appears for executors, trustees and beneficiaries of deceased estates at both trial and appellate level, primarily in the Supreme Court of New South Wales, as well as in the High Court in Nobarani v Mariconte [2018] HCA 36. Justin possesses considerable advocacy experience and provides sound legal advice in both contentious and non-contentious matters. He has completed LEADR’s Mediator’s Course and regularly appears as counsel for clients at mediations. Justin holds a Bachelor of Laws from the University of Western Sydney and a Masters of Applied Laws specialising in wills and estate. Prior to being called to the Bar in 2013, Justin practised as a solicitor and was instructed in several leading cases in wills and estate litigation.
Adjunct Professor Dr Tuly Rosenfeld
Dr Rosenfeld is a specialist in Geriatric Medicine and Aged Care and has 40 years of experience in clinical practice in hospital and community care older people with complex medical problems of which neurodegenerative diseases figure prominently. He has over the last 20 years been very involved as an expert in medicolegal issues often regarding disputes over wills, estates and decision making. He has published in international peer reviewed journals about capacity and dementia.
Dr Hayley Bennett
Hayley commenced practice as a barrister in 2009, having graduated from the University of NSW with first class honours in law the year before. Since commencing practice, she has been involved in cases in both public and private domains, but also specializes in health law across jurisdictions, including Succession and Protective Law. Hayley previously worked as a clinical and research neuropsychologist, and for a period sat on the Guardianship Tribunal of NSW (as it then was). Her qualifications in this area include a BA (Psychology honours), MA (Counselling), MSc (Neuropsychology), and PhD (Clinical Neuroscience). Hayley has published and lectured in these areas, as well as more recently in the area of judicial decision-making and its neurobiological underpinnings.
Tamara Goodwin
Tamara became an Accredited Specialist in Wills and Estates Law in 2007. She regularly acts as a court appointed independent administrator of deceased estates and has been recognised as a leading & pre-eminent practitioner in Wills and Estates Litigation and Succession Planning in the 2015 to 2023 editions of the Doyle’s Guide.
Adjunct Professor Dr Tuly Rosenfeld
Dr Rosenfeld is a specialist in Geriatric Medicine and aged care. He has provided services in hospital, community and residential care settings for over 30 years at the same time as roles in education and teaching, service development and research. Dr Rosenfeld has worked as a consultant with NSW Health in the implementation community care programs and has published in, international peer reviewed journals in issues of capacity and dementia. Dr Rosenfeld's special interests include development of services, care management systems, dementia care and decision making. He has regularly acted as an expert witness in wills/estate matters and medical negligence proceedings.
Kim Boettcher
Kim Boettcher, Barrister, Frederick Jordan Chambers Kim is a Barrister at Frederick Jordan Chambers in Sydney. Kim practises in Equity, Common Law, Protective and Guardianship Law, and in the Probate and Succession List. Prior to coming to the Bar, she practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. More recently, she was a Solicitor at the Seniors Rights Service, an independent legal centre and regularly attended the UN Open-ended Working Group on Ageing in New York as a civil society representative. Kim was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. Kim was a Member of the inaugural Legal Services Council in 2014 and reappointed from 2017-2020. She is a past Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Protective Law Committee in 2021, 2022 and 2023.
Anthea Kennedy
Anthea has been in practice as a solicitor since 1992. She has presented seminars and workshops in the areas of Wills and Estates law from 2002 onwards. Her work is mainly litigation, a high proportion of which is contested Probate, Family Provision cases and other Equity work together with estate planning advice. Anthea is an accredited specialist in Wills and Estates Law and is a past Chair of the Advisory Committee for Specialist Accreditation in Wills and Estates. Anthea is listed in the Doyle’s Guide of Leading Wills & Estates Litigation Lawyers 2023 as Preeminent in Australia and Market Leader in NSW. She is also listed as Preeminent in Leading Wills, Estates & Succession Planning Lawyers, NSW in 2023.
Patrick Wiggins
Patrick was called to the bar in 2021. Prior to being called to the bar, he practiced for more than 10 years as a solicitor. He was an Accredited Specialist in Commercial Litigation and holds a Masters in Applied Law (majoring in commercial litigation). He was also an active member of the Law Society’s Litigation Law and Practice Committee, and the Law Society’s nominated representative to both the Supreme Court’s Common Law (Civil) User Group and the NCAT Liaison Group.
Senior Deputy Registrar Peter Onisforou
Peter was appointed as a Registrar of the Supreme Court of New South Wales in August 2022. He is a Registered Trust and Estate Practitioner with the Society of Trust and Estate Practitioners (STEP). Peter is a Qualified Mediator, having completed training facilitated by Resolution Institute and received certification from the Chief Justice of New South Wales. Prior to his appointment as a Registrar, Peter was a Solicitor for the NSW Trustee and Guardian, focusing on family provision and contested probate litigation, complex probate and intestate entitlement, and estate and trust administration.
Venue
Radisson Blu Plaza
Lower Ground Level, 27 O'Connell Street
Sydney 2000
NSW
Australia
Information
Travelling by train, the closest station is Wynyard or by bus from
George Street.
Parking: Secure parking at the Sofitel Wentworth located at 61-101 Phillip
Street with entry and exit via Bligh Street.
Parking is not included in the registration fee and fee is subject to change.