CPD Conference. Annual Elder & Succession Law Conference

Transcription

1 CPD Conference Friday, 19 June am pm Hobart Function & Conference Centre, Elizabeth Street Pier, Hobart Annual Elder & Succession Law Conference Using the Rule in Saunders v Vautier on Behalf of a Trust Beneficiary Building the Profitability and Financial Success of your Elder & Succession Law Practice International Wills - New Legal Developments Testamentary Capacity: When Things Go Wrong Acting for Several Generations of the One Family Some Ethical and Professional Standard Considerations Claim Points in Ethics, Practice Managment, Professional Skills and Substantive Law Lunch and Refreshments Included Proud sponsor of the Law Society s CPD program Local and Interstate Teaching Faculty William Ayliffe SC Lindsay Ellison SC Chris Gunson Paul Lyons Brendan McManus Bridget Rheinberger Ashlyn Smith Richard Williams Timothy Williams Peter Worrall

2 Programme 10.40am Registration 11.00am Welcome and housekeeping 11.00am pm Using the Rule in Saunders v Vautier Recent examples: Arnott v Kiss [2014] NSWSC 1385 and Krstic v State Trustees [2012] VSC 344 Case studies Contingent gifts in wills and trusts: getting the drafting right Speaker: Richard Williams, Barrister, Roma Mitchell Chambers, Queensland Bar Chair: Sam McCullough, Director, Worrall Lawyers CPD Guide: SL, PS 11.45am pm Building the Profitability and Financial Success of your Elder & Succession Law Practice Understanding the key drivers in law firm profitability Strategies for individual lawyers to be a profit centre in their firm Billable hours and alternative pricing/charging mechanisms Marketing and its impacts on the bottom line Some models for remuneration of equity and non-equity lawyers Speakers: Paul Lyons, Partner, Wise Lord & Ferguson and Ashlyn Smith, Senior Accountant, Wise Lord & Ferguson Chair: Linda Johnston, Director, Temple-Smith Lawyers CPD Guide: PM 12.45pm -1.30pm Lunch 1.30pm pm International Wills - New Legal Developments Recent changes to the law: amendments to the Wills Act 2008 (Tas) reflecting the Washington Convention Identifying when a client may need an international will in accordance with the Washington Convention Drafting international wills Certificates by lawyers or notaries when an international will is completed Proving international wills Some succession issues for clients born overseas or with assets outside Australia which are not covered by wills under the Washington Convention including: o domicile o wills in more than one jurisdiction, and o differences in succession law systems Speakers: Peter Worrall, Director, Worrall Lawyers and Brendan McManus, Deputy Registrar, Supreme Court of Tasmania Chair: Fred Lester, Director, Clarke & Gee Lawyers CPD Guide: SL, PS

3 2.15pm pm Testamentary Capacity: When Things Go Wrong The law of testamentary capacity The law of knowledge and approval The practical side of taking instructions and getting it right Case examples on where things go wrong and why (including tips on proving and disproving capacity) Speaker: Lindsay Ellison SC, Barrister, 16 Wardell Chambers, NSW Bar Chair: Fred Lester, Director, Clarke & Gee Lawyers CPD Guide: SL, PS 3.00pm 3.20pm Afternoon Tea 3.20pm pm Acting for Several Generations of the One Family Some Ethical and Professional Standard Considerations Panellists including: William Ayliffe SC, Barrister, Derwent & Tamar Chambers Bridget Rheinberger, Partner, Tremayne Fay and Rheinberger Lawyers Timothy Williams, Partner, Gunson Williams Chair: Chris Gunson, Barrister, Derwent & Tamar Chambers CPD Guide: E 4.20pm 4.30pm Wrap Up and Close SL = Substantive Law PM = Practice Management PS = Professional Skills E = Ethics

4 Richard Williams - Barrister-at-Law, Roma Mitchell Chambers. Queenland Bar Richard Williams specialist areas of practice are wills, trusts and estates. He studied Law at Cambridge University and was first called to the Bar in England and Wales in He commenced practice at the Queensland Bar in He has particular expertise in statutory wills and is co-author, together with Sam Mc- Cullough of Worrall Lawyers, of Statutory Will Applications: A Practical Guide, published by LexisNexis. He is an Adjunct Lecturer for the College of Law s LLM program in Wills & Estates, Deputy Chair of STEP Queensland, Deputy Chair of STEP Australia, and a member of the Editorial Board of the Trust Quarterly Revie Paul Lyons - Partner, Wise Lord & Ferguson Paul looks after some of Tasmania s most high profile small to medium sized businesses as well as many private and family groups. He has wide ranging experience in property, retail, medical, professional services, through to vineyards, not- for-profits and leading entrepreneurial companies. His business expertise is across all core areas of taxation, profit improvement, business mentoring, cloud accounting, due diligence for new businesses, business planning, succession planning, business structuring and re-structuring. For family groups, his expertise is in tax and tax planning, strategy, estate planning, superannuation and SMSFs. He sits on the Chartered Accountants Australia and NZ Careers Marketing panel. He is also a proud member of local Tasmanian charities the Alcorso Foundation and at Speak Up Stay ChatTY. Paul has also been a regular speaker over the past few years at various conferences and events. Ashlyn Smith - Senior Accountant, Wise Lord & Ferguson Ashlyn is a Senior Accountant in the business services division of Wise Lord & Ferguson. She looks after a wide range of clients ranging from businesses to family groups. She has experience in many sectors of the Tasmanian economy with a focus on childcare, medical and building industries. Ashlyn is currently in her last year of completing her post graduate diploma with the Institute of Chartered Accountants Australia and New Zealand. Her business expertise includes cloud accounting solutions, business structuring, restructuring and small-business tax concessions. Peter Worrall - Director, Worrall Lawyers Peter Worrall is a founding Director, along with Sam McCullough, of Worrall Lawyers, a ten lawyer private client firm where six of the lawyers work in estate planning, estate disputes and estate administration. Peter is Chair of STEP (Tasmania Branch) (the Society of Trust and Estate Practitioners), a Director of STEP Australia, and a Notary Public. He was until recently the author of the Estate Planning chapter in Australian Succession Law published by Thomson Reuters, and has written over 25 papers on Estate Planning, Succession, Taxation and Trusts Brendan McManus - Deputy Registrar, Supreme Court of Tasmania Brendan has been admitted in Tasmania as a legal practitioner for twenty seven years being employed in that time as an associate partner at McManus Palmer and Zeeman in Launceston, Managing Solicitor for the North West Regional offices of the Legal Aid Commission in Devonport and Corporate solicitor for the Public Trustee in Hobart. He has been the Assistant Deputy Registrar of the Supreme Court for the last six years. His role is to work with the Registrar and the Deputy Registrar to manage the running of the Registry of the Supreme Court. He assists the Registrar in the conduct of the Probate Registry by providing legal assistance to the Probate Supervisor in settling the applications made to the Probate Registry and in interactions with the probate practitioners and applicants in person. He participates as a mediator in the provision of alternative dispute resolution for civil litigants in the Supreme Court. Brendan is a taxing officer for the purposes of taxations under the Supreme Court Civil Procedure Act 1932 and Supreme Court Rules 2000 as well as conducting cost assessments under the Legal Profession Act Brendan visits all parts of the state in his role in the Registrar circuits which regularly visit District Registries.

5 Lindsay Ellison SC - Barrister, 16 Wardell Chambers, NSW Bar After a short and uneventful career as a suburban solicitor, Lindsay was called to the bar in He became a Senior Counsel in He practices principally in Equity and Probate and has appeared in many of the leading NSW Wills and Estates cases. He frequently lectures barristers and solicitors on aspects of law and practice. He is an accredited Mediator under the Australian Mediation Accreditation System. Lindsay is a former Vice President of the Australian Academy of Forensic Sciences and a longtime member of the Australian Skeptics, the Samuel Griffith Society and the Centre for Independent Studies. He is happily married with two teenage children. He has no interest in sailing, skiing, cooking or learning a foreign language and does not own a winery. William Ayliffe SC - Barrister, Derwent & Tamar Chambers Prior to going to the Bar in 2005 Bill Ayliffe had been the senior partner in the law firm of Ayliffe & Ayliffe and in practice since Bill practises as counsel at trial and appellate levels in the Supreme, Federal, Family and Criminal Courts. Some of his more recent trials and appeals include: Reeds v Albelo [2012] FamCAFC 44; Foster v Archer [2012] TASSC 5; Chilcott v Freeman [2011] TASSC 30. Other important appeals Bill has successfully conducted include: Kestrel Holdings Pty Ltd v APF Properties Pty Ltd [2009] FCAFC 144; Tasmania Development & Resources v Martin [2000] FCA 414; Van Gervan v Fenton (1994) 175 CLR 327 Bridget Rheinberger - Partner, Tremayne Fay and Rheinberger Lawyers Bridget had a small business background before entering practice in Bridget has specialised in the area of wills and estates since that time, becoming known for her work both inside and outside the legal profession. Bridget currently teaches the Wills and Estates component of the Tasmanian Legal Practice Course (UTAS). Bridget is a people person who enjoys using her skills with detail to help clients establish estate plans that produce a result that is best suited for each individual s circumstances. Bridget is a regular guest on ABC Local Radio discussing these topics, as well as being a member of the Elder Law and Succession Committee of the Law Society of Tasmania. Bridget is a long standing supporter of the advancement of women in the legal profession and is currently President of Tasmanian Women Lawyers Inc. and a Director of Australian Women Lawyers Limited. Contact Bridget for advice on Wills and Estate Planning, Estate Administration and Advice, Enduring Powers of Attorney and Enduring Guardianships. Chris Gunson - Barrister, Derwent & Tamar Chambers Chris Gunson joined the Bar in 2005 after 7 years as a barrister and solicitor engaged in civil and criminal litigation. He is also admitted in Victoria. Chris, who was the editor of the Tasmanian Reports for several years, has a breadth of experience in all areas of the law and over 14 years has appeared as counsel at trial and on appeal in the Supreme Court of Tasmania, the Federal Court of Australia and the High Court of Australia. In additional to general commercial law matters, Chris practises widely in administrative tribunals, particularly relating to professional discipline. He also has extensive experience in complex environment law matters, and has a strong interest in international humanitarian law and is the Tasmanian chairperson of the Australian Red Cross International Humanitarian Law Committee. Chris is an Army Reserve legal officer and a qualified mediator. Chris is the current vice president of the Tasmanian Bar. He is also the Deputy Chief Chairperson and a member of the Forest Practices Tribunal established under the Forest Practices Act1985 (Tas); a member of of the Tasmanian Attorney-General s Sentencing Advisory Council; a member of the Council of the Tasmanian Bar; and a member of the Law Society of Tasmania s Litigation Committee and the Mediation & Arbitration Committee. Timothy Williams - Partner, Gunson Williams Timothy John Williams was admitted to practice of the 10th day of March He spent his early career as a solicitor with the Public Trustee of Tasmania. After a short interlude as a Crown Prosecutor he entered private practice in the early 90 s. He is a partner at Gunson Williams. A significant part of his practice relates to disputes concerning wills and estates. He has appeared as Counsel in numerous trials.

6 The Venue: The Law Society of Tasmania is proud to present the Elder & Succession Law Conference. The conference will be held at the Hobart Function and Conference Centre, Elizabeth Street Pier, Hobart (phone (03) ). This venue offers excellent conference facilities as well as spacious hotel rooms to cater for all needs. Registration: Registration includes: Attendance at conference sessions Light lunch and afternoon tea Papers Delegates with special requirements: Please indicate on your registration form or via telephone or to the Law Society of Tasmania. Car Parking: Elizabeth Street Pier is a 5 minute walk from the CBD. Council voucher car parking is is available on the surrounding waterfront. CPD Points: The Elder & Succession Law Conference attracts 4 CPD points in total in Substantive Law, Professional Skill, Ethics and Practice Managment. Dress Code: Convention Smart Casual or work suit Accommodation Suggestions: Somerset on the Pier Elizabeth Street Pier, Hobart - Phone (03) Special Rates: Contact the hotel direct for special Law Society of Tasmania corporate rates Hadleys Hotel - 34 Murray Street, Hobart - Phone (03) Special Rates: Superior Queen Room Bed & Breakfast $185 per night (1 person) (please quote Law Society of Tasmania corporate rates) RACV Hobart Apartment Hotel (behind Hadley s Hotel) Collins Street, Hobart - Phone (03) Special Rates: Contact the hotel direct for special Law Society of Tasmania corporate rates For RACV, RACT or Auto Club members, special discount apply. (please quote Law Society of Tasmania corporate rates)