The Succession Law Commi ee of The Law Society of South Australia presents

Transcription

1 SUCCESSION LAW CONFERENCE Please note earlier start me The Succession Law Commi ee of The Law Society of South Australia presents Friday 18 November am start pm Registra ons at 8.30am Networking drinks from 5.00pm to 6.00pm Hilton Adelaide, Victoria Square, Adelaide Presenters and topics include: Conference opening The Honourable Jus ce Sam Doyle Supreme Court of SA Beyond Alzheimer s what every lawyer should know about cogni on and ageing Dr John Maddison Medical Co-Director - Aged Care, Rehabilitation & Palliative Care, Northern Adelaide Local Health Network Li le Shop of Horrors estate planning for small business owners Therese Catanzari Barrister, 13 Wentworth Chambers (Sydney) Trustee advice applica ons (Beddoe applica ons, trustees costs, etc) Carolyn Sparke QC Owen Dixon Chambers West (Melbourne) Estate planning for blended families Jennifer McMillan College of Law NSW CGT and the principal place of residence the hidden traps Ian Raspin BNR Partners (Victoria) Solicitors as executors what could go wrong and other ethical quandaries Greg Welden Welden & Coluccio Lawyers The common law of cadavers Registrar Stephen Roder Supreme Court of SA Conference Series Sponsor 7 CPD Points Major Sponsor of the CPD Program including all 3 Required Units 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 8.45 am Opening & Welcome Presenter: The Honourable Jus ce Sam Doyle Supreme Court of SA Chair: David Caruso President, Law Society of South Australia 9.00 am Beyond Alzheimer s what every lawyer should know about cogni on and ageing 1 CPD point in prac ce management am Morning Tea Presenter: Dr John Maddison Medical Co-Director - Aged Care, Rehabilitation & Palliative Care, Northern Adelaide Local Health Network Chair: Mark Jappe Adelta Legal Cogni ve changes in normal ageing, how does thinking and decision making change with age, spectrum of cogni ve changes in ageing from normal to demen a. Dr John Maddison (MBBS FRACP) is a geriatrician and clinical pharmacologist working in public and private prac ce. He is Director of the Division of Aged Care, Rehabilita on and Pallia ve Care in the North Adelaide Local Health Network - a region of approximately 350,000 people. He is a member of the Transforming Health Ministerial Clinical Advisory Group, the immediate past chair of the South Australian Older Persons Clinical Network and a member of the execu ve of the Australian and New Zealand Society for Geriatric Medicine am Li le shop of horrors estate planning for small business owners 1 CPD point in professional skills Presenters: Therese Catanzari Barrister, 13 Wentworth Chambers (Sydney) Chair: Mark Jordan Carpenter & Associates Effec ve estate planning should be part of a company s risk management strategy. Estate planning should not only canvass the testator s family and personal interests but also the testator s business interests in order to ensure that the business can both con nue to exist and thrive during the final stages of the testator s final illness and death. Therese Catanzari is a barrister in 13 Wentworth Chambers with exper se in wills and estates, par cularly involving small to medium businesses, superannua on and discre onary trusts. Before being called to the NSW Bar she was a senior associate in corporate and commercial/tax at Mallesons (now King and Wood Mallesons). She also worked inhouse at GE Healthcare and worked in regional NSW at Cater and Blumer. She graduated from Sydney University with Bachelor of Economics (Accoun ng) and Bachelor of Laws (Hons 1), and from University of London with a Master of Laws (Commercial law). She recently completed the AICD Company Directors course.

3 11.15 am The common law of cadavers 1 CPD point Presenter: Registrar Stephen Roder Supreme Court of SA Chair: Philip Harris Adelta Legal Is there property in a dead body? Who, if anyone, has the inalienable right to decide on disposal of a body? Does the common law provide a clear answer to these vexed ques ons? About the Presenter Registrar Stephen Roder has been the Registrar of Probates since January He 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 pm Lunch pm Trustee advice applica ons (Beddoe applica ons, trustees costs, etc) 1 CPD point in professional skills Presenter: Carolyn Sparke QC Owen Dixon Chambers West (Melbourne) Chair: Michael Magarey Howard Zelling Chambers Trustees are some mes confronted with dilemmas about their role and responsibly - are they to make distribu ons to beneficiaries? Ought they bring or defend proceedings? How should they behave? Where should the costs of any par cular ac on come from? Trustees may ul mately be guided and protected in their ac ons an applica ons to court. This talk deals with the circumstances in which applica ons may be made, the types of applica ons and informa on the Court should have, the perils of not seeking protec on and the costs implica ons. About the Presenter Carolyn Sparke QC graduated from Melbourne University in 1987 with a Bachelor of Laws and a Bachelor of Science. She was admi ed to prac ce in 1989 and joined the bar in She took silk in She has been a barrister for over 24 years, commencing at the bar with a broad commercial prac ce in property law, building cases (when a science degree comes in handy), insolvency and insurance, but for most of her me as a barrister specialising in equity, trusts and deceased estate cases of all types. She is a member of STEP and holds an Advanced Cer ficate in Trust Disputes. Her publica ons include: Lexis-Nexis loose-leaf service "Wills Probate and Administra on Service Victoria" (of which she is co-author); an ar cle "Removing executors and trustees" for the Oxford University Press Trusts & Trustees Journal and Law Ins tute Journal publica ons. She sits on the Editorial Commi ee for the "Wills and Probate Bulle n" and is an adjunct lecturer in the Masters Program, College of Law. She o en presents at seminars for a variety of professional bodies.

4 1.45 pm Estate planning for blended families 1 CPD point in professional skills 2.45 pm A ernoon Tea Presenter: Jennifer McMillan College of Law NSW Chair: Gaetano Aiello Treloar & Trelaor Blended families, where one or both partners have children from another rela onship, are rela vely common but can give rise to difficult estate planning issues. This session will canvass a variety of strategies, including life interests and mutual wills, for such families and will also highlight some important ethical issues around conflicts of interest and confiden ality which can arise when instructed by couples in such families. Jennifer McMillan was admi ed to prac ce in New South Wales in 1989 and in Western Australia in She is a Law Society of NSW accredited specialist in wills and estates and has extensive experience in this area both in private prac ce and with a trustee company. She is a member of the NSW Law Society Elder Law and Succession Commi ee and a member of the Society of Trust and Estate Prac oners. She lectures and is the Prac ce Leader Wills and Estates in the College of Law s LLM (Applied Law) program and also a part- me Senior Member (Legal) in the Guardianship Division of the NSW Civil and Administra ve Tribunal pm CGT and the principal place of residence the hidden traps 1 CPD in professional skills Presenter: Ian Raspin BNR Partners (Victoria) Chair: Joan Sedsman Sedsman Legal One of the largest assets of a typical deceased estate is o en the deceased s principal place of residence. What is o en inadvertently overlooked is that the sale of the residence may trigger a number of capital gains tax issues for the estate. Given that executors can be held personally liable for income tax liabili es post the distribu on of the estate s corpus, it is cri cal that prac oners familiarise themselves with the many idiosyncrasies rela ng to this par cular estate asset. This session will briefly cover the fundamental issues that should be considered in assessing the possible capital gains tax implica on on the sale of the deceased s residence, and then work through a number of the complexi es and risks that makes the disposal of this par cular estate asset so complex. Ian is a Cer fied Prac sing Accountant and a Director of BNR Partners where he heads the firm s Estates and Trusts Division; a division that has specialised in the taxa on of Deceased Estates for over 16 years. BNR provides outsourced Estate taxa on solu ons and advice to both Legal Prac ces and listed Trustee companies across Australia, and has one of the only dedicated teams of accountants in the country that specialise in this niche and o en complex area of taxa on. He is recognised na onally on Estate taxa on ma ers and is a frequent presenter at both legal and accoun ng conferences across the country. Ian also regularly provides in-house training sessions for both legal firms and Trustee companies, and consults with professional bodies, regulators and the private sector on Estate taxa on issues. He has over 25 years of public prac ce experience and is ac vely involved in the professional arena. He is a Fellow of CPA Australia, a Cer fied Tax Advisor of the Taxa on Ins tute of Australia, a Member of the Society of Trusts and Estate Prac oners, a graduate member of the Australian Ins tute of Company Directors and the former Chairman of CPA Australia s Na onal Public Prac ce Advisory Commi ee. He is also the recipient of CPA Australia s 2016 Henry Fox Award for service to Public Prac ce.

5 4.00 pm Solicitors as executors what could go wrong and other ethical quandaries 1 CPD point in prac cal legal ethics Presenter: Greg Welden Welden & Coluccio Lawyers Chair: Melissa Yule Adelta Legal Should you do it? Pi alls and considera ons Professional indemnity insurance consequences Correct engagement processes Du es, ethical dilemmas Greg Welden was admi ed in A er two years absence from Australia he prac sed in Port Augusta for six years. He then returned to Adelaide and first worked in small and medium sized firms; then in early 2014 he opened a new small law firm in Prospect focussing almost exclusively on wills and estates. His focus in the firm is almost solely on estate planning, estate administra on and estate li ga on pm Close 5.00 pm Networking drinks un l 6.00pm

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 18 November 2016 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: