Aged Care and Retirement Village Law Conference
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.
Register your interest now!
Description
Attend and earn 7 CPD units including:
6.5 units in Substantive Law
0.5 units in Professional Skills
Session 1
Chair: Guy Vinden, Head of Aged Care, Health and Retirement Villages, Atkinson Vinden Lawyers; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Royal Commission Update: Key Takeaways You Need to Know
- Background and update of Commission hearing
- Issues and themes identified
- Potential outcomes and recommendations
- The practical impact on your clients, practice or organisation
Presented by Lucinda Smith, Partner, Thomson Geer; Preeminent Health & Aged Care Lawyer, Doyle’s Guide 2018
9.50am to 10.35am: Elder Abuse: Legislative Insights, Care Issues and Remedies
- Insights into the Aged Care Act
- A critical perspective on some of the major provisions and omissions
- Poor care
- Unlawful restraint
- An analysis of the remedies and recourse available
Presented by Rodney Lewis, Elderlaw; author, Elder Law in Australia, LexisNexis
10.35am to 11.20am: Personal Injury in the Retirement Village and Aged Care Context
- Civil litigation and personal redress
- The latest cases dealing with standard of care and breach
- Risk management: practical guidance
Presented by Sybilla Waring-Lambert, Partner; Recommended Public & Product Liability Lawyer, Doyle’s Guide 2017 and Amanda Seguna, Senior Associate, Lander & Rogers
11.20am to 11.35am: Morning Tea
11.35am to 12.20pm: Wills and Estates: Capacity, Undue Influence and Technology
- Capacity to make decisions including financial management, driving capacity, accommodation, lifestyle and medical care
- Answering capacity and undue influence issues through technology
- Videoing and electronic wills
- Disruptive changes
Presented by Michael Bennett, Barrister, Thirteen Wentworth Chambers
Professional Skills
12.20pm to 1.05pm: All About the Protective List of the Supreme Court of NSW
- Applications for protected estate management orders
- Appeals from the Guardianship Division of NCAT: how and why
- Property disputes and the role of ‘family’ and ‘carers’
- Recent interesting and relevant cases
- What you need to know about Costs Orders
- What you should know on List Day
Presented by Kim Boettcher, Barrister, Frederick Jordan Chambers
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair
Session 2
2.00pm to 3.00pm: Privacy, Recording and Data Security
- Privacy and data security: new updates
- Running aged care facilities in the surveillance age
- Who has what privacy rights in an aged care facility and how do you manage them?
- Recording staff or residents: monitoring staff and preventing elder abuse
Presented by Jessica Kinny, Principal, Kinny Legal; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
3.00pm to 4.00pm: Convergence and Seniors Living – Time to Stop Talking Silos
- Government and legislative responses to the emerging issue of integration
- What are the barriers between the legislative frameworks
- The role and powers of resident's decision makers
- Integration: home care / retirement villages / residential aged care
- Emerging models and financial tools
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2018
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: Residential Care and Funding
- The transition to care and the family conversation
- Estate documents, the implications of moving to residential care
- Funding care: pension loans and equity release
- Capacity issues and SMSFs
- Contracts: residential care and independent living (retirement villages)
- Key elements to review in residential and retirement contracts with your clients
- How loss of capacity can affect couples with an SMSF or a lack of estate documentation
- The importance of family engagement in transitions to care
- Considerations about alternate sources of funding for residential care
Presented by Andrew Keay, Director, Aged Care Planners
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Presenters
Chair: Guy Vinden
Guy Vinden, as one of the firm's founding Directors, has over 30 years experience in private legal practice and is the Senior Consultant with the firm's Retirement Villages, Aged Care, Commercial and Business Divisions. Guy and the firm have extensive experience in retail, commercial and industrial leasing, sale and purchase of all forms of real estate including rural due diligence of properties, projects and proposals, financing arrangements, building contracts and construction loans. Guy and the firm have an enviable reputation in New South Wales as one of the leading advisers in Retirement Villages and Aged Care Facilities. Indeed Guy is currently the co-author of the Thomson Legal loose-leaf legal service regarding Retirement Villages and was recently voted by his peer group as one of the best lawyers in Australia in the practice area of Retirement Villages and Senior Living Law (bestlawyers.com). Guy has provided extensive advice to many Operators in the Retirement Village and Aged Care area. Guy has hosted seminars and delivered papers for numerous organisations in relation to Retirement Villages including the Law Society of New South Wales, the Retirement Villages Association (both at a State and Federal level), the Terrapin Conference Group, Legalwise Seminars and Tonkin Conferencing. Guy believes the firm is large enough to provide expert advice in most areas of the law particularly the increasingly complex world of commercial property and yet we are not so large that we cannot provide a hands on personalised service. Guy in recent years has been advising many of the Industry's leading Retirement Villages and Aged Care Facilities. His clients represent all facets of the Industry including Retirement Village Operators, Nursing Home and Health Care Providers, both in the profit and not for profit areas.
Lucinda Smith
Lucinda Smith is a corporate lawyer with particular expertise in the health and aged care sectors. She regularly advises health industry clients in mergers and acquisitions and health projects. Lucinda has significant experience in the structuring and development of health, aged care and retirement village facilities. She also advises on regulatory compliance and a broad range of commercial contracts in the sector. Lucinda was named 'Lawyer of the Year' by Best Lawyers in Australia in 2017 (awarded 2016) and in 2013 in her specialty practice area of Retirement Villages and Senior Living Law (Sydney) Lucinda has been recognised by her peers as one of Australia's best lawyers in the areas of Health and aged care and Retirement villages and senior living in every edition of Best Lawyers in Australia since 2012.
Rodney Lewis
"Rodney Lewis is a Partner at Dormers Legal, a multidisciplinary practice, and a part-time lecturer in Elder Law at the University of Western Sydney. Rodney is currently a member of the International Commission of Jurists (including trial observation of subversion trials in Indonesia and East Timor) and Vice President (NSW) of the Australian East Timor Business Council. Rodney is the author of ‘Elder Law in Australia’ (for publication December 2004, Butterworths, Lexis Nexis) and a seminar presenter with various organizations, to the legal and accounting professions, mainly on Elder Law."
Sybilla Waring-Lambert
Sybilla Waring-Lambert has extensive experience acting for both insurers and insureds in a range of jurisdictions across all areas of general insurance litigation including personal injury, property damage and professional indemnity. Sybilla has conducted the defence of a number of WorkCover NSW prosecutions. She also has experience in life and disability insurance claims. Sybilla's areas of expertise include: personal injury litigation; property damage; professional indemnity including claims against solicitors, engineers and architects; and life and disability claims. Sybilla joined Lander & Rogers in July 2015 and was admitted to practice in 2005.
Amanda Seguna
Amanda Seguna has broad experience in insurance law and commercial, insurance litigation and has for many years acted for Australian and overseas insurers on a range of coverage and litigation matters. Amanda gained valuable insight into the key commercial issues facing insurers, following a nine month secondment with a Lloyds Underwriter in 2013. Prior to starting her career in a legal firm, Amanda spent 2 years as the Associate to His Honour Judge Samios in the District Court of Queensland. Amanda's areas of expertise include: public liability including personal injury, and property damage; professional indemnity; policy coverage advice; and medical negligence & health practitioner claims.
Michael Bennett
Michael Bennett is barrister practicing from 13 Wentworth Chambers in Sydney. He practices in the following areas: Tax planning (including Superannuation, Estate Planning and Structuring); Federal and State Tax litigation; Commercial litigation; Bankruptcy and Insolvency litigation. From 2006 to 2011, before coming to the Bar, Michael was a solicitor in two boutique SME tax and commercial practices. He was a Judges Associate before that. Michael lectures in tax law in the UNSW Master of Laws Program. Michael is a Lieutenant in the Royal Australian Navy Reserves (Legal Officer). Michael frequently writes for the Tax Institute or other professional bodies and gives presentations for various bodies on the areas in which he practices.
Kim Boettcher
Kim Boettcher is a Barrister at Chalfont Chambers in Sydney. Kim practises in Probate, Equity, Common Law, Property law and Environment and Planning law. Prior to coming to the Bar, Kim practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. She also practised as a Solicitor at the Seniors Rights Service, an independent legal centre. She 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 appointed to the inaugural Legal Services Council in 2014 and she was reappointed from 2017-2020.
Jessica Kinny
Jessica Kinny is an experienced commercial litigator and business lawyer, and a recognised aged care, retirement and health law specialist. She has advised a range of companies operating in the aged care, retirement and health sectors including ASX-listed companies, overseas investors, private companies and innovative start-ups.
Jessica is known for providing clients the high-quality and commercially pragmatic advice and legal representation they need to succeed - including by helping her clients reduce risk, resolve disputes, negotiate deals, and take advantage of exciting new growth opportunities.
Her industry grounding and innovative approach to delivering legal services is a much-welcomed addition to the retirement and aged-care sectors - particularly for start-ups and innovative companies looking to establish footholds in the industries.
Jessica is a recommended lawyer, in the Doyle's Guide to Leading Health & Aged Care Lawyers – New South Wales, 2018
Arthur Koumoukelis
Arthur Koumoukelis specialises in the aged care and retirement village industry and joined Thomson Geer as a partner in April 2018. He has advised the sector since 1995, and has been consistently awarded Best Lawyer since 2011. He advises on all aspects of operations and development, appeared in all major courts and advised on the most landmark developments including Mark Moran Vaucluse, Watermark at Harbord and developed financial products for La Trobe. He has advised in Malaysia and Singapore in relation to developing facilities in those jurisdictions.
Andrew Keay
Andrew Keay has over 20 years experience in financial services and is, well respected within the industry. He is founder and Director of Aged Care, Planners. Prior to establishing Aged Care Planners Andrew's experience was in funds management as Head of Wholesale for companies such as Fidelity and AMP Capital. Andrew spent 3 years from 2012 as a financial, advisor covering all aspects of personal advice. In 2014 that Andrew encountered his first aged care case and this was the beginning of the passion he holds for aged care. Andrew has specialised in Aged Care, since 2014 and this experience gives him unique insights into the issues, that families face when confronted with aged care decisions. He has developed a service model that caters for all the core issues families, encounter when managing the transition from independence to care needs at home or into residential care. It was during this time that his practice evolved as an outsource solution for financial planners by providing a dedicated commitment to aged care that many advisors did not, want to undertake. Andrew's services are referred by financial planners, hospitals, social workers, aged care service providers, accountants and estate lawyers. He has developed an online report to assist people understand the early stages of aged care, what services are available to support them and how to access those services and start planning for care.