Wills, Property, Trusts and Contracts Law

Gain essential insights into probate caveats, court approval in trust matters, recent property law cases, and contract risk management for 2025. Stay up to date with key legal developments and practical strategies to navigate complex issues in wills, estates, trusts, property, and contracts.

Friday, 28 March 2025
Chair

Lizia LimPrincipal, Aitken Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills, Estates  & Succession Planning Lawyers, Doyle’s Guide 2024

7.30am to 8.15am Caveat Matters in Probate Proceedings: An Important Tool if Used Correctly

 

  • An overview of s58 of the Administration and Probate Act Victoria 1958 and the grounds of caveator's objection pursuant to Reg. 8.06 Supreme Court (Administration and Probate) Rules 2014
  • Real prospects of success?
  • What is an interest such as held by the Court of Appeal in Gardiner v Hughes (2017) 54 VR 394 

Presented by Tasman Ash Fleming, Barrister and Mediator, Svenson Barristers

9.45am to 10.30am Navigating Contracts and Contract Risk in 2025


Presented by Laura Young
Partner, HWL Ebsworth

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation

8.15am to 9.00am Latest Developments in Privacy, Cyber and AI


Presented by Dudley Kneller
Partner, GadensRecommended Technology, Media & Telecommunications Lawyers, Doyle’s Guide 2024 

9.00am to 9.45am A Review of Recent Leasing and Other Property Law Cases

 

Examine some of the key developments, trends, and cases in retail and commercial leasing and other areas of property law as you break down the facts of each case and walk away with crucial takeaways you can add to your property law knowledge base and repertoire.   
Presented by Luke VirgonaBarrister, Dawson Chambers 




This seminar is part of a series

10 Points in One Day – Your Last Chance

Friday, 28 March 2025

10 hours, 10 CPD points and 12 exceptional legal experts presenting on 12 different areas of law including your mandated core areas of ethics, professional skills and practice management, and all in one day. Plus, all in time for the 31 March CPD deadline. You really can’t ask for more. Catch up on new compliance regimes, new legislation, new cases and new strategiesThis one day 10 Point Conference has it all for you. You will catch up on everything from property, wills, trusts and contacts law, from franchising, insolvency, employment, AML, directorsduties to mediation skills and the new world of updated privacy law, digital law and AI.

Description

Attend and earn 10 CPD units including: 
7 units in Substantive Law 
1 unit in Ethics & Professional Responsibility 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills
This program is based on VIC legislation

9.45am to 10.30am Navigating Contracts and Contract Risk in 2025

 

Presented by Laura Young, Partner, HWL Ebsworth

10.30am to 10.45am Morning Tea
Ethics & Professional Responsibilities
10.45am to 11.45am Inadvertent Communication and Client Knowledge

 

  • Inadvertent disclosure by a practitioner and the Australian Solicitors Conduct Rules
  • The practical problems arising from inadvertent disclosure
  • What to do if you become aware of inadvertently-disclosed privileged material
  • What to do if your client obtains privileged material belonging to another party and shares it with you
  • How to navigate the situation if you suspect your client has accessed privileged material
  • Whether you continue to act in these situations
  • Practical tips to avoid inadvertent disclosure 

Presented by Karen Mak, Barrister, Svenson Barristers 

Professional Skills
12.45pm to 1.45pm Skills Lawyers with Need with New AML/CTF Legislation

 

In December 2024 the much-awaited Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 received Royal Assent, The new AML/CTF Act includes measures to simplify the AML/CTF regime, however more importantly, it finally implements the Tranche 2 reforms that have been pending for many years.  This includes the introduction of a number of new designated services that are traditionally provided by lawyers and will be regulated from 1 July 2026.  This session will cover:  

  • The background context of the proposed expansion of Australia’s AML/CTF laws to legal professionals
  • The proposed “new designated services” relevant to legal practices and professionals as a type of regulated “tranche 2 entity”
  • The compliance obligations (policies, practices and prohibitions) that will be applicable to legal professionals
  • The implications for legal professional privilege
  • What lawyers in legal practices can be doing now to get ready for the proposed changes
  • The expected realities of “how” this will impact the day-to-day practice of law 

Presented by Keddie Waller, AML/CTF Project Manager, Holley Nethercote

1.45pm to 2.15pm Lunch
Session 3: Commercial Law Roundup and Mediation Skills with the Experts


Chair: Ian Upjohn KC, Howells' List Barristers

Session 1: Wills, Property, Trusts and Contracts Law


Chair: Lizia Lim,
Principal, Aitken Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills, Estates  & Succession Planning Lawyers, Doyle’s Guide 2024

7.30am to 8.15am Caveat Matters in Probate Proceedings: An Important Tool if Used Correctly

 

  • An overview of s58 of the Administration and Probate Act Victoria 1958 and the grounds of caveator's objection pursuant to Reg. 8.06 Supreme Court (Administration and Probate) Rules 2014
  • Real prospects of success?
  • What is an interest such as held by the Court of Appeal in Gardiner v Hughes (2017) 54 VR 394 

Presented by Tasman Ash Fleming, Barrister and Mediator, Svenson Barristers

2.15pm to 3.05pm Court Approval and Trusts: How, Why and When

 

  • How to determine whether your trust issue requires Court approval
  • The mechanisms by which the Court gives approval
  • Which is appropriate for your circumstance
  • Matters to consider when dealing with issues of trusts and estates  

Presented by Bree Ridgeway, Barrister, Jarndyce Chambers  

Presenters

Ric Birkett, Principal, Aitken Partners
Ric Birkett is a principal lawyer in the Commercial and Property Section of Aitken Partners and has been in practice for over 25 years. His practice covers a broad range of corporate, commercial and property work in the commercial and not for profit sectors, including particular involvement in the aged care and retirement living industry (with recognition in the Health and Aged Care list in Doyle’s Guide). His work includes advising a range of clients in respect of governance, compliance, structuring and a range of commercial and property transactions including mergers and the purchase and sale of businesses and business interests.

Tasman Ash Fleming, Barrister and Mediator, Svenson Barristers
Tasman is a Barrister and Accredited Mediator NMAS. In November 2021 Tasman Completed the Oxford Program on Negotiation at the Saïd Business School, University of Oxford. Tasman offers commercial and independent experience in all mediations including commercial, bankruptcy, property and wills and estates. Immediately prior to coming to the bar Tasman worked as a solicitor advocate in Government where he gained experience in Court advocacy, including preparation of briefs and giving complex legal advice on urgent matters. Prior to joining the public service, Tasman was in private practice at a boutique firm and acted in a range of matters including Property Law, Bankruptcy, Probate & Wills/ TFM and Commercial Litigation and appeared in the Magistrates’ Court of Victoria, Federal Magistrates’ Court and VCAT. Tasman is currently an adjunct lecturer in the GDLP at the College of Law Victoria where he also runs advocacy and NDR workshops as part of the lawyer’s skills component of the GDLP. Subjects taught include Civil Litigation, Commercial and Corporate, Property Law, Ethics and Professional Responsibility, Administrative Law, Consumer Law, Wills and Estates, Banking and Finance Practice In 2022 Tasman was appointed Teaching Associate at Monash University: tutor in Litigation and Dispute Resolution and Trusts. In 2020 at The Australian Catholic University Melbourne (ACU) Tasman was lecturer-in-Charge Evidence and tutor in Torts, Land and Family Law.

Bree Ridgeway, Barrister; Jarndyce Chambers
Bree has a general commercial and common law practice, with a focus on Wills and Estates. Prior to coming to the Bar, Bree was Associate to His Honour Justice Moore. Bree assisted His Honour in complex estate disputes in the Trusts Equity and Probate List and a broad range of trials in the Common Law Division. Before her associateship, Bree was an Accredited Specialist in Wills & Estates at Moores. As a solicitor, Bree worked in contested estates, including constructive trust claims, executor removal applications, testators family maintenance proceedings and judicial advice applications. Bree has a Master of Bioethics, and is completing her PhD in Bioethics on the relationship between decision making capacity and euthanasia. She teaches Medical Ethics at Monash University and sits on the Human Research Ethics Committee at Walter + Eliza Hall Institute of Medical Research.

Luke Virgona, Barrister, Dawson Chambers
Luke Virgona practices in a wide range of commercial litigation, with a particular focus on property law. He is a co-author, along with Justice Croft and Robert Hay QC, of the recently published 4th edition of Commercial Tenancy Law, and of the Retail Leases Victoria loose-leaf service. Luke is also an Associate of the Charted Institute of Arbitrators. Before coming to the Bar, Luke was the Senior Associate to the Honourable Justice Croft of the Supreme Court of Victoria and, prior to his time at the Court, spent eight years as the owner and operator of a successful food retail business in South Melbourne.

Laura Young, Partner, HWL Ebsworth
Laura Young specialises in on a broad range of commercial matters ranging from strategic transactions (acquisitions & disposals, joint ventures, restructures, partnerships and shareholders arrangements) to all aspects of daily commercial operations (with a focus on the preparation, interpretation and negotiation of a broad range of commercial contracts such as confidentiality arrangements, tenders, subcontractor arrangements, heads of agreement, supply & procurement arrangements, sponsorships, consultancy agreements, terms & conditions / credit applications, manufacturing and distribution arrangements). Laura is also a member of the firms' Competition and Consumer team and has a particular interest & expertise in the Australian Consumer Law, including advising on consumer guarantees, the unfair contract term regime, misleading and deceptive conduct and unconscionable conduct. She also has a great deal of experience advising on corporate governance matters, particularly for private and not-for-profit entities. Laura has been placed on a number of secondments with major firm clients, including a long-term appointment as Acting General Counsel of a major ASX listed client. Her time in-house played a key role in the development of both her legal skills as well as her practice style. Laura credits her ability to provide her clients with practical solution based advice with a view of achieving a satisfactory commercial outcome to her time in-house.

Lizia Lim, Principal, Aitken Lawyers
Lizia Lim is an Accredited Specialist in Wills & Estates, a Doyles Guide ‘Recommended Lawyer’ in both Wills & Estates (estate planning) and Estate Litigation and a member of the global Society of Trust and Estate Practitioners (STEP). She practices exclusively in the area of Wills and Estates incorporating estate and trust litigation, estate planning, probate and estate administration, superannuation planning and disputes, and VCAT Guardianship List disputes regarding the financial and personal affairs of a living person who has lost capacity, such as disputes over powers of attorney, financial administration and accommodation/care of the person.

Karen Mak, Barrister, Svenson Barristers
Karen Mak brings a broad range of skills and experience to the Bar and accepts briefs in commercial law (specialty is intellectual property), real property law, and sports law. She is a trade marks Attorney and a Nationally Accredited Mediator. Karen holds a Juris Doctor from Monash University (awarded the Post Graduate Prize for Intellectual Property), an MBA from the Kellogg School of Management at Northwestern University, Chicago and a Bachelor of Science in Finance and Marketing from the University of Oregon. Karen is admitted to the California State Bar. In addition to her work at the Bar, Karen is a lecturer at Melbourne Law School, where she instructs Juris Doctor students on the principles of contract law. Karen is also a competitive tennis player and a chair umpire and line umpire for Tennis Australia. She is a member of ANZSLA, the sports law association.

Andrew Douglas, Managing Director, FCW Lawyers
Andrew Douglas is the Managing Director of FCW Lawyers – a workplace and commercial law firm based in Australia. Andrew is a leading senior legal practitioner with more than 30 years’ experience working with publicly listed businesses, companies, and substantial SMEs across a range of industries including manufacturing, agriculture, construction, government, NFP, education, health, and financial services. Andrew practices a range of workplace law, including employment, health and safety, workers’ compensation, dispute resolution, privacy, and investigations. Andrew is an accomplished speaker and chair of masterclasses in workplace law throughout Australia, New Zealand, and Asia. He has also authored several books on health and safety law and is a widely published legal practitioner on workplace wellbeing. Every Friday, Andrew co-hosts the Friday Workplace Briefing with members of the Workplace Relations team, informing a growing audience of senior HR professionals and business leaders on the latest legal news and developments impacting their organisations. Andrew is renowned for his leadership effectiveness, and commitment to his staff, their development and future. Prior to establishing FCW Lawyers in 2018, Andrew led large teams for several national law firms in the roles of National Head of Workplace Relations and Head of Dispute Resolution. He left ‘big law’ to build a firm that sees the world through ‘client eyes’, and cultivates a work environment of excellence, equality, flexibility and compassion.

Ian Upjohn KC, Howells' List Barristers
Ian Upjohn was called to the Melbourne Bar in 1993 and specialises in commercial law, equity and trusts, disciplinary and other tribunals and alternative dispute resolution. Ian is a co-author (with M Colbran QC) of Pleadings in Butterworths Court Forms, Precedents and Pleadings (Victoria) and a Contributing Author to Palmer on Bailment (Third Edition).

Dudley Kneller, Partner, Gadens
As head of the Intellectual Property and Technology Group at Gadens, Dudley is a highly experienced lawyer with international and domestic experience advising on commercial, regulatory and technology matters with specialisations in financial technology, cyber risk, privacy and strategic sourcing and supply projects. Dudley advises a variety of clients on major technology arrangements, and he has many years of experience practising across Australia, Europe and the UK. He has worked inhouse and overseas on projects based in a range of countries, including the Philippines, India and across South America. Since 2020, Dudley has been recognised by Best Lawyers across areas including technology, Commercial and Privacy and Data Security Law as well as for TMT in 2024. Since 2015 Dudley has been recognised as a recommended lawyer in the Doyle’s Guide listing of Leading Technology, Media and Telecommunications Lawyers in Victoria, as well as by Who’s Who Legal 2022 and 2023 Global and Aust & NZ Guides in Data Privacy & Protection.

Sam Kingston, Partner, Maddocks
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims. Sam is recognised as a recommended lawyer for Restructuring & Insolvency in Legal 500 Asia Pacific Guide, leading Insolvency and Reorganisation lawyer in Best Lawyers Australia, recommended lawyer for Insolvency & Restructuring in Doyle’s Guide and recommended lawyer for Commercial Litigation & Dispute Resolution in Doyle’s Guide.

Grant Lubofsky, Barrister, Young’s List
Grant Lubofsky is a barrister at the Victorian Bar and signed the Bar Roll in 2017. He has a broad commercial practice and appears in a range of commercial matters (including contract, corporations, insolvency and insurance matters) as well as equity, trusts and property matters. He regularly deals with issues of privilege of the kind being discussed today. Before coming to the Bar, Grant practiced as a solicitor in the commercial disputes and insolvency teams at Minter Ellison for several years, and more recently was the Senior Associate to the Justice Almond at the Commercial Court of the Supreme Court. Grant also teaches in corporations, trusts and property law at Monash University and has had papers published in a number of journals.

David Roberston KC, Chapman’s List
David Robertson KC was admitted to practice as a Barrister and Solicitor of the Supreme Court of Victoria on 1 April, 1981. Employed by Corr & Corr as a Solicitor and then as an Associate and then Senior Associate from 1981 to 1985 working mainly in Banking, Finance and Commercial Litigation. Signed the Roll of Counsel of the Victorian Bar on 23 May, 1985. Practises mainly in Commercial Law, including Banking, Finance, Securities, Consumer Credit, Trusts and Superannuation and also Constitutional Law, Equity, Company Law, Administrative Law and Professional Negligence. He was for many years a Member of the Human Research Ethics Committee of the Royal Children’s Hospital and a Senior Honorary Fellow and Part-Time Lecturer in Finance Law, University of Melbourne and also the author of the Chattel Securities Chapter of Lexis Nexis, Court Forms Precedents & Pleadings — Victoria.

Allison McLeod, Partner, HWL Ebsworth
Allison is a corporate and commercial lawyer with a particular interest in franchising. She has extensive experience advising franchisor clients in all manner of franchising related issues – from providing advice about Australian market entry and the establishment of franchise networks in Australia, through to acting on sales/acquisitions and advising on dispute resolution. Allison’s experience also includes advising on, and assisting clients with, international expansion. In addition to franchising, Allison regularly advises on competition and consumer law issues, including reviewing contracts in the context of the Competition and Consumer Act 2010 (Cth), assisting clients in dealings with the Australian Competition and Consumer Commission, conducting competition and consumer law training and considering and advising on supply and pricing issues. Some of Allison’s broader commercial experience includes drafting and negotiating contracts, assisting clients with intellectual property protection and implementing structural changes, reviewing and drafting standard form documents and acting on private M&A transactions. Allison has been named in Best Lawyers TM Australia for Franchise Law.

Ms Keddie Waller, AML/CTF Project Manager,
With nearly 25 years’ experience working in the financial services sector, Keddie is highly respected in the financial planning and accounting sectors, having spent many years with CPA Australia including as their Head of Public Practice and SME, and Senior Manager for Public Practice, Financial Planning and Ethics Policy. Keddie has held the positions of Deputy Chair of the FNS Industry Reference Council (2021-2023) and the Technical Representative on the International Federation of Accountants Small to Medium Practices Advisory Group (2019-2023).

 

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253V23

Wills, Property, Trusts and Contracts Law

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Session One
Friday, 28 March 2025
7.30am to 10.30am Australia/Sydney
CPD Points 3
$420.00
Face to Face 20250323 20250328

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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here