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CPD Conference
Friday, 19 June 2015 11.00am - 4.30pm
Hobart Function & Conference Centre, Elizabeth Street Pier, Hobart
Annual Elder & Succession Law Conference
Register before Friday 1 June and Save!!
Early Bird $245.00
Standard $295.00
• 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
Local and Interstate Teaching Faculty
Claim 4 CPD Points
¤¤ Claim Points in Ethics, Professional
Skills and Substantive Law
¤¤ Lunch and Refreshments Included
Proud sponsor of the Law Society’s CPD program
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William Ayliffe SC
Lindsay Ellison SC
Chris Gunson
Paul Lyons
Brendan McManus
Bridget Rheinberger
Ashlyn Smith
Richard Williams
Timothy Williams
Peter Worrall
Programme
10.40am
Registration
11.00am
Welcome and housekeeping
11.00am - 11.45pm
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 - 12.30pm
Building the Profitability and Financial Success of your Elder & Succession Law Practice
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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
12.30pm -1.30pm
Lunch
1.30pm - 2.15pm
International Wills - New Legal Developments
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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
2.15pm - 3.00pm
Testamentary Capacity: When Things Go Wrong
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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 - 4.20pm
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
• Chris Gunson, Barrister, Derwent & Tamar Chambers
• Timothy Williams, Partner, Gunson Williams
CPD Guide: E
4.20pm – 4.30pm Wrap Up and Close
SL = Substantive Law
PM = Practice Management
PS = Professional Skills
E = Ethics
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 1993. He commenced practice at the Queensland Bar in 2012. He has particular expertise in statutory wills and is co-author, together with Sam McCullough 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 2007.
Brendan visits all parts of the state in his role in the Registrar circuits which regularly visit District Registries.
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 1985. He became
a Senior Counsel in 2005. 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 1977. 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 2005. 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
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) 6234 0600). 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 email 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) 6220 6600
Special Rates: Contact the hotel direct for special ‘Law Society of Tasmania’ corporate rates
Hadleys Hotel - 34 Murray Street, Hobart - Phone (03) 6237 2999
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)
154-156 Collins Street, Hobart - Phone (03) 6270 8600
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)