Friday 20 November am pm Registra ons at 8.30am Networking drinks from 4.45pm pm Hilton Adelaide, Victoria Square, Adelaide

Transcription

1 The Succession Law Commi ee of The Law Society of South Australia presents SUCCESSION LAW CONFERENCE Friday 20 November am pm Registra ons at 8.30am Networking drinks from 4.45pm pm Hilton Adelaide, Victoria Square, Adelaide Presenters and topics include: Conference Open The Honourable Chief Jus ce Christopher Kourakis Supreme Court of SA Costs and Ethical Considera ons in IFP and Probate Claims John White Mitchell Chambers Q&A with the Registrar Stephen Roder Supreme Court of SA Philip Harris Harris Lawyers Management of Prac ce to Avoid Negligence Claims Robert Monahan Monahan Estate Planning (Sydney) Nature of Evidence and Presump ons in Probate Ac ons The Honourable Eric Heenan QC (Perth) IFP and Probate Case Law Dr Rachael Gray Victoria Square Chambers Statutory Wills Richard Williams Roma Mitchell Chambers (Brisbane) Conference Series Sponsor 6 CPD Points including all 3 Required Units Major Sponsor of the CPD Program To Register, please contact: The Law Society of South Australia - Educa on Sec on on or registra ons@lawsocietysa.asn.au

2 8.30 am Registra on 9.00 am Open & Welcome Presenter: The Honourable Chief Jus ce Christopher Kourakis Supreme Court of SA Chair: Rocky Perro a President, Law Society of South Australia 9.15 am Costs and Ethical Considera ons in IFP and Probate Claims 1 CPD Point in Prac cal Legal Ethics Presenter: John White Mitchell Chambers Chair: The Honourable Chief Jus ce Christopher Kourakis Supreme Court of SA As the well-known 18thC print illustrates, lawyers and the jus ce system have an unhappy reputa on in estate li ga on. But we are just following our instruc ons. Given that a lot of estate li ga on is family law for the dead, how do we manage the financial desires, not to men on the accumulated resentments, of our clients? Even more difficult, how do we protect our clients from the greed and malice of our opponents clients? This session will examine the delicate balance between our du es to jus ce and to our clients, try to iden fy some touchstones for ethical conduct, and explore some prac cal strategies for client, li ga on and opponent management. John White has prac sed in li ga on in Adelaide since the late '70s. He began in general prac ce with Playford & Co. The firm merged with Thomsons in 1997, where John spent a period as Head of Li ga on, and Risk Manager. In 2005 he went to Mitchell Chambers as a barrister, where he prac ses primarily in general commercial li ga on, insurance and succession. He is Head of Chambers (at 2014). John is a member of the SA Bar Associa on and STEP, and has had a long associa on with the Law Society and the Professional Indemnity Scheme. He was President of the Society in 2013, chairs its Jus ce Access Commi ee, and has a number of other roles including as a director of Lawguard Management Pty Ltd. He is a regular presenter or chair at con nuing educa on sessions am Morning Tea am Q&A With The Registrar What is it with the new Probate Rules? Why Can t I Get My Grant? Why? Why? 1 CPD Point in Professional Skills Presenters: Registrar Stephen Roder Supreme Court of SA Philip Harris Harris Lawyers Chair: The Honourable Jus ce Gray Supreme Court of SA

3 The session will start with the Registrar and Philip Harris answering pre-submi ed ques ons concerning the new Probate Rules or any other ma er of concern to probate prac oners. Please submit your ques ons to: ne by: Tuesday 17 November 2015 About the Presenters Registrar Stephen Roder Registrar Stephen Roder has been the Registrar of Probates since January Steve is a former member of the Probate Commi ee of the Law Society of SA and was the inaugural editor of The Last Testament. His presenta ons o en feature humour. Philip Harris Philip Harris was admi ed in 1977 and has spent the vast majority of his prac ce life in small suburban prac ce. He now prac ses exclusively in Wills and Deceased estates from offices at Morphe Vale and Unley Park am Statutory Wills 1 CPD Point in Professional Skills Presenter: Richard Williams Roma Mitchell Chambers (Brisbane) Chair: The Honourable Jus ce Bampton Supreme Court of SA when should a statutory will applica on be made? who should act as the applicant? the requirements under ss. 6 and 7 of the Wills Act and Part IV of the Probate Rules preparing the material recent developments in case law in South Australia and other States About the Presenter Richard Williams is a Barrister at Roma Mitchell Chambers, Brisbane. His specialist areas of prac ce are wills, trusts and estates. He studied Law at Cambridge University and was first called to the Bar in England and Wales in Richard commenced prac ce at the Queensland Bar in He has par cular exper se in statutory wills and is co-author of Statutory Will Applica ons: A Prac cal Guide, published by LexisNexis. He is an Adjunct Lecturer for the College of Law s LLM program in Wills & Estates. Richard is currently Deputy Chair of STEP Queensland, Deputy Chair of STEP Australia, and a member of the Editorial Board of the Trust Quarterly Review pm Lunch 1.30 pm Management of Prac ce to Avoid Negligence Claims 1 CPD Point in Prac ce Management or Business Skills Presenter: Robert Monahan Monahan Estate Planning Pty Limited (Sydney) Chair: Michael Rizzuto MGR Estate Law rule in Saunder Vs Vau er care in dra ing

4 will Dra ing How to avoid Problems will dra ing or Estate Planning know the difference recent Cases Calvert Vs Badenach and Howe Vs Fischer who is the Client obtaining necessary informa on considering issues and op ons Robert Monahan was admi ed to prac ce as a Solicitor in He has been accredited by the Law Society of New South Wales since 1998 as an accredited specialist in the area of Wills & Estate Law. He is the principal solicitor of Monahan Estate Planning. Robert has extensive experience in both private legal prac ce and in the financial services industry. He has previously been a Consultant at Maddocks Lawyers, and headed the estate planning team at Australian Executor Trustees (par of the IOOF Group). Robert is a regular speaker on Estate Planning and Wills & Estate Law at seminars for Lawyers, Accountants and Financial Advisors. His first book on Estate Planning was published in 2005 and the 4th edi on was published in He is the General Editor of the Estate Planning Service published by Lexis Nexis, and is currently involved in a number of other publica ons dealing with estate planning. He has also lectured on the subject at a number of Universi es pm Nature of Evidence and Presump ons in Probate Ac ons 1 CPD Point in Professional Skills Presenter: The Honourable Eric Heenan QC (Perth) Chair: Michael Magarey Howard Zelling Chambers This session will addresses a series of presump ons or doctrines which may be encountered in many situa ons but, more so, especially in conten ous and also non conten ous succession cases, including presump ons rela ng to: testamentary capacity due execu on Con nuance marriage and legi macy death a er 7 years' unexplained absence simultaneous deaths, order of succession intestacy or par al intestacy validity of aged documents dates of altera ons capacity to procreate or bear children effect of undue influence revoca on of a lost will against double por ons statutory hotchpot for certain intestacies

5 The Honourable Eric Heenan QC was appointed Judge of the Supreme Court of Western Australia in April 2002 and re red June 2015 upon reaching the compulsory re rement age. He served as Commissioner of the Supreme Court of Western Australia (September to December 1990 and September to November 1994). The Honourable Eric Heenan QC was appointed One of Her Majesty's Counsel in and for the States of; Western Australia (December 1985) New South Wales (November 1989) Victoria (November 1989) He commenced prac sing solely as a barrister at WA Bar Chambers, Cathedral Square, Perth in September 1985 and was a partner in the firm of E M Heenan and Co, Perth from July 1970 to August The Honourable Eric Heenan QC was admi ed as barrister and solicitor of the Supreme Court of Western Australia in May He ar cled to E M Heenan (father) December 1966 and employed as ar cled clerk from December 1966 to February 1967 and May 1967 to May 1969 by that firm and then employed as solicitor to 1 July pm A ernoon Tea 3.45 pm IFP & Probate Case Law Update 1 CPD Point Presenter: Dr Rachael Gray Victoria Square Chambers Chair: Melissa Yule Adelta Legal This session will cover equitable claims and IFP and conten ous probate ma ers. Rachael Gray was admi ed to the Supreme Court of South Australia in 1995 and the High Court in 1996 and joined the independent bar in She appears in estate, industrial and public law ma ers as well as in general civil and commercial li ga on. She has appeared in numerous coronial inquests and has been involved in other inquiries. Prior to joining the Independent Bar in 2009, Rachael was Counsel Assis ng the State Coroner and Deputy State Coroner. She has a background in public law prac ce having prac sed for a number of years at the Crown Solicitor s Office South Australia. In this role Rachael undertook a range of public law ma ers in intermediate and appellate courts and also appeared as junior counsel including in the High Court of Australia. Rachael was Research Assistant to the Solicitor-General for the State of South Australia in 1997 and an Associate to the Honourable Jus ce Prior in Rachel regularly presents papers on commercial, civil, estate and public law ma ers to other prac oners pm Networking drinks 6.00 pm Close

6 REGISTRATION FORM Please register via registra Telephone: Fax: Post: GPO Box 2066, Adelaide SA 5001, DX 333 OR register and pay online by visi ng h p://members.lawsocietysa.asn.au/ Succession Law Conference - Hilton Adelaide, Friday 20 November 2015 Registra on Form R N :.....F /O :..... A / : : : N N R D :.... D : All fees are GST inclusive Member Admi ed more than 3 years $545 Member Admi ed less than 3 Years / Pla num Member $495 GDLP (LSSA/Adelaide Law School) $350 Student and Concession Card Holder $390 Specialist Law Clerk $495 Non Members $685 Registra on fees include morning tea, lunch, a ernoon tea, conference materials and networking drinks. TOTAL PAYMENT: $ PAYMENT OPTIONS: Cheque payable to the Law Society of SA OR Credit Card complete details below Name of Card Holder: Please charge $ to my VC MC CARD NUMBER: / / / Expiry date: / Signature: ABN Please make cheques payable to: Law Society of South Australia (Educa on Sec on) GPO Box 2066, Adelaide SA 5001, DX 333 (Ph: , Fax: ) This document will become a tax invoice for GST purposes when you make payment. Please take a photocopy for your records Enrolment, Cancella ons & Privacy Policy Payment of the full conference fee is required for cancella ons made less than five clear working days prior to the day of the conference. Persons unable to a end may subs tute another person to a end the event in their place. Refund of registra on fee or the issuing of a voucher to apply the fee paid to another event will only take place at the discre on of the Law Society. The Law Society reserves the right to cancel or modify the programme, dates, mes, venues or speakers in the event of circumstances beyond its control. In the event of such cancella on, a full refund will be made or, as appropriate, a further voucher will be issued to apply the fee paid to another event. In addi on to administering this event, unless you advise otherwise, the personal informa on you provide to us may be used to inform you of future professional development events and may be disclosed in the event delegate list available to speakers, sponsors and delegates. If you do not agree to have your informa on distributed please ck this box: To further promote and adver se events offered by the Law Society, photos of this event may be taken. If you do not agree to have your image used for these purposes please ck this box: