Gain comprehensive examination of the most current and topical issues arising with trust law today. Sharpen your skills around trust deed variations, understand the implications of cross border trusts and navigate trust tax disputes. Be guided on assessing legal capacity of trustees and the rise of challenges brought by beneficiaries against aging trustees in the aging population from both the legal and medical perspective. Gain strategies for improving the defencibility of trustee decision making.
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
- The pitfalls of US revocable trusts for Australians moving back to Australia
- Estate planning traps for Australian families with US resident family members
- Australian discretionary trusts owning shares in US companies
- US tax classification of Australian unit trusts
- Australian superannuation funds with US citizen owners and beneficiaries
- Dual resident US / Australian trusts
Presented by David Laanemaa, Director, Bentleys
Presented by Leona Bennett, Managing Partner, Southern Waters Legal; Accredited Specialist Family Law and Simon Bennett, Managing Director, Southern Waters Legal
- Determining which decisions are reviewable by the Tribunal and which are appealable to the Court
- Making the irrevocable election to apply for a review to the Tribunal or to appeal to the Court
- Different jurisdictions and overlapping jurisdictions of the Tribunal and the Court
- Different procedures in the Tribunal and the Court: rules of evidence, practice and procedure and status of each decision
- Appealing a Tribunal decision to the Court: What is a “question of law” and how does that concept operate in practice?
- Procedural fairness, apprehended bias and other problems arising in the Tribunal
- Comparison of costs in each forum, liability versus no-liability for costs orders and relative speed and efficiency of each forum
Presented by Chris Bevan, Barrister, Eight Wentworth Chambers
- Aligning Trustee Decision Making with the purpose of the trust
- Obligations for Trustees to inform themselves of beneficiary decision making
- Responding to offshore connections of beneficiaries
- What Trustee decisions were struck down is Owies case and why
- Suggested Guidelines for proactive competent trustee decision making
Presented by Michael Perkins, Special Counsel, Southern Waters
Chair: Valentina Stojanovska Cal, Managing Director, Black Book Management
- Variations to trust deeds (including vesting date)
- Rectification of trust deeds
- Court applications to vary trust deeds
- Trust splitting and cloning
- Certain obligations of trustees of discretionary trusts
Presented by Denis Barlin, Barrister, 13 Wentworth Selborne Chambers; Best Lawyers 2023, Lawyer of the Year, Trusts and Estates
Presented by Caitlin Angus, Barrister, Two Wentworth Chambers
Chair: Matthew McKee, Partner, Brown Wright Stein Lawyers
Unpack from both the legal and medical perspective issues around what can be seen and what needs to be elicited in assessing legal capacity of trustees and the rise of challenges brought by beneficiaries against aging trustees in our aging population.
Presented by Dr Jane Lonie, Consultant Clinical Neuropsychologist and Guy Moloney, Special Counsel, HWL Ebsworth
Presenters
Caitlin Angus, Barrister, Two Wentworth Chambers
Caitlin has a strong equity practice, primarily in Trusts and Succession Law. She is also an experienced advocate in Family Law, both property and parenting matters, Commercial Law, and International Law. Caitlin accepts briefs in all areas of the law. Before being called to the Bar, Caitlin worked in the High Court and the Federal Court of Australia as a Court Monitor, providing an extraordinary opportunity to commence her dedication to advocacy under the guidance of some of the finest advocates in New South Wales. Now a Sessional Academic at her alma mater, Caitlin graduated with a combined Bachelor of Laws and Bachelor of International Studies (International Relations) with Distinction from the University of Wollongong, receiving an Academic Scholarship and the University Award for the Highest Mark in International Business Law. Caitlin also studied at the University of Massachusetts, receiving a place on the Dean’s List of Honours. She loves hiking and has successfully reached Mount Everest base camp. She has also scaled the heights of the Rocky Mountains in Canada and the United States of America. If a career as a Barrister had not beckoned, she would be using her International Studies qualifications to work within Foreign Affairs or Foreign Policy, perhaps in a South American embassy since she also speaks Spanish.
Matthew McKee, Partner, Brown Wright Stein Lawyers
Matthew McKee is an experienced tax and trusts lawyer who provides tax and commercial related advice to accountants, financial planners, SMEs and private clients. Matthew advises on income tax, capital gains tax, fringe benefits tax, GST, stamp duties, payroll tax and superannuation law. Matthew has a particular expertise on the tax issues associated with trusts. Matthew regularly provides advice on the structuring of businesses and family wealth through discretionary trusts and unit trusts.
Chris Bevan, Barrister, Eight Wentworth Chambers
Chris Bevan is a member of the Sydney Bar. Chris has been at the Bar for 33 years following a career as a solicitor in private practice for 11 years, 6 years of which he had spent as a law firm partner. A detailed curriculum vitae for Chris accompanies his paper. This brief biography is provided merely by way of an introduction of Chris as a leading expert on taxation law in Australia over the last 33 years, with particular application to company and trust structures. Chris appears in tax cases, company law and trust disputes, including disputes between shareholders, trustees and beneficiaries, with occasional appearances in the Family Court. Chris has appeared on a number of occasions during the last 30 years as leading counsel in cases involving those three principal areas of law in the High Court, the Federal Court, the Full Federal Court, and various Courts of Appeal and Supreme Courts around Australia. Chris is also a leading advisor, university and professional-body lecturer and author on tax law, company law and trust law. Chris is a member of the panel of very senior taxation lawyers registered with the Small Business and Family Enterprise Ombudsman. This panel provides legal advice at the highest level to small business taxpayers who have hit a brick wall in disputes with the ATO. The Small-Business Ombudsman provides a taxation equivalent of Medicare by making available senior tax lawyers on his whose advice is funded as to a $100 per hour gap-payment by taxpayers and as to the balance by the Ombudsman from a budget provided out of the Federal Budget. Chris is chairing sessions on trust law and taxation law aspects of testamentary disputes. There will be 15 minutes for questions.
Guy Moloney, Special Counsel, HWL Ebsworth
Guy is the head of litigation in HWL Ebsworth’s Wills and Estate Planning practice group, and has specialised exclusively in complex Estate Litigation and Estate Planning matters for the last 7 years. In that time Guy has run family provision cases of all degrees of complexity; will rectification proceedings; statutory will proceedings; testamentary capacity proceedings; administration suits and executor default suits in the Supreme Courts of New South Wales, Victoria and the ACT. Before focusing exclusively on estates, Guy had more than a decade’s experience in insolvency, tax and general commercial litigation. Guy’s experience in estate disputes is brought to bear when advising clients on the creation of a robust and secure estate plan. In 2021 Guy was recognised as a “Rising Star – Wills, Estates and Succession Planning“ in Doyles Guide. Guy was also invited to edit the CCH Online “New South Wales Wills in Practice Commentary” regarding estate litigation and inducted by invitation into The Kronberg Circle, a European Society of Estate Planning lawyers and Public Notaries. Guy commenced his career working as a Tipstaff for the Honourable Justice Palmer in the NSW Supreme Court and has a Masters in Commercial Law from UNSW.
Valentina Stojanovska Cal, Managing Director, Black Book Management
Valentina is the Managing Director of Black Book Management and the Principal of legal practice Black Book Legal. Valentina has more than 22 years' experience as a corporate, commercial and tax lawyer, and is admitted to practice as a solicitor and barrister in Australia. She also specialises in sports and entertainment law. Valentina has managed and represented high profile talent across sports and entertainment in Australia and overseas for over a decade. Valentina is also the Chairman of WCM Global Growth Ltd, an ASX listed company and is a Director on the board of a number of other companies. She is also an Executive Patron of The Taronga Zoo, sits on The Australian Ballet ‘Ambassador Board’ and is a Ambassador of The Australian Ballet and GWS Giants Football Club.
Denis Barlin, Barrister, 13 Wentworth Selborne Chambers
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.
David Laanemaa, Director, Bentleys
David Laanemaa is a Director with the Business Services division at Bentleys NSW.David has extensive experience, including local and international experience on tax and cross-border matters.As a private clients and tax specialist with a focus on cross-border matters between Australia and the United States of America. David specialises in providing individuals, professionals and business groups with business and tax driven solutions on cross-border and local matters.Apart from a primarily tax and accounting background, David has spent time in investment banking and wealth management, in particular superannuation before making cross border his specialty.David’s international clients reside in the USA, New Zealand, Singapore, Hong Kong and the UK.
Leona Bennett, Managing Partner, Southern Waters Legal
Leona heads up the Family Law team at Southern Waters Legal. Leona graduated from the University of Wollongong with degrees in Psychology (Honours) and Law (Honours). Leona is also an Accredited Specialist in Family Law and is a trained Family Law Collaborative Solicitor. Added to her resume is that she had the pleasure of teaching Family Law at the University of Wollongong in 2010 and 2011. Leona has practiced in the area of Family Law within the Sutherland Shire since 2001. She is dedicated to helping her clients get through one of the toughest times in their lives, separation. Leona is passionate about this area of practice and truly believes that the right lawyer can help someone get through separation by listening to what they need from an emotional and financial perspective and applying the ever-changing law to their individual circumstances. In her practice, you are not just a legal matter or a file, but an individual to be assisted and respected. Leona helps clients find the right resolution for their unique situation, and is conscious of the need to resolve disputes in Family Law by negotiation and mediation before considering litigation. Outside of Southern Waters Legal, Leona enjoys spending time with her beautiful family and playing sport, having had the honour of representing Australia in Oztag.
Simon Bennett, Managing Director, Southern Waters Legal
Simon Bennett is the Managing Director of Southern Waters Legal, a firm he co-founded in 2009 to provide expert legal advice with the accessibility and affordability often missing from larger firms. With over 20 years of experience, Simon specializes in business law, taxation, estate incapacity, and succession planning. Simon is also a Chartered Tax Advisor, offering advice on asset protection and structuring. He holds a Master of Laws from the University of New South Wales and a Master of Commerce from the University of Wollongong. Prior to founding Southern Waters Legal, Simon worked at a national law firm in Sydney. Known for his solutions-focused approach, Simon enjoys building friendly relationships with his clients. Outside of his legal practice, Simon is passionate about rugby union and loves spending time with his family.
Dr Jane Lonie, Consultant Clinical Neuropsychologist
Dr. Jane Lonie is a Consultant Clinical Neuropsychologist with over twenty years of experience in the assessment and management of cognitive dysfunction in adults and older adults. She is author of over twenty peer reviewed articles in the areas of dementia and capacity, (the most recent paper appearing in the Australian Bar Review), and maintains a special interest in provision of medico-legal opinion in matters relating to legal capacity. She regularly provides assessment and reports in matters of questionable testamentary capacity, guardianship disputes, financial management orders, capacity to instruct, give evidence or appoint powers of attorney. During her twenty years of experience in specialist Neuropsychological practice, Dr. Lonie has provided assessments and reports for in excess of 3,500 patients. She offers private consultations to patients at the request of patients themselves, carers, referring clinicians and legal practitioners. Dr. Lonie has substantial experience in assessment, report writing and court appearance for the purposes of provision of expert opinion relating to areas of expertise: Assessment of Cognitive function (Adults and Older Adults); Assessment of testamentary capacity (contemporaneous and retrospective) ; Guardianship disputes/ application reports; Financial management Capacity; Assessment of capacity to grant/revoke Powers of Attorney; Return to work assessment ; Total and Permanent Disability insurance claims; Neuropsychological function in criminal matters; Capacity to give evidence.
Michael Perkins, Special Counsel, Southern Waters
Michael is a lawyer, author, and educator with four decades of experience in trusts, estates, and private client practice. Michael is co-author of the book “Estate Planning: A Practical Guide for Estate and Financial Services Professionals”, published by LexisNexis, Co-author of the “Estate Planning – Core Principles and Practice” chapter contribution to Financial Planning in Australia (10th edition), by Sharon Taylor & Anor (Lexis Nexis). Supported Decision Making is important to Michael as a method of client care in professional practice and dealing with the orderly management of a person’s interest as they age. Michael has worked collaboratively with Dr Jane Lonie to evolve processes and practices that help professionals deal with clients with impaired decision-making ability or a suspicion of decision-making impairment. Michael holds the MICW designation from the Institute for Collaborative Working and is active in the operations of the Institute in Australia. In addition, he is a Trust and Estates Practitioner (TEP) member of the international Society of Trust and Estate Practitioners (“STEP”), Founder and member of Academic Community of STEP.