Succession law is becoming increasingly complex. Unpack the strategic and procedural dimensions of Family Provision Act disputes. Explore how equitable claims are reshaping litigation strategy and examine how to respond when asset pools are diminished by competing interests. Gain practical insights into managing concurrent claims, subpoenas, and consolidations in succession litigation, and understand the critical tax and duty consequences that arise in settlements—including CGT, superannuation and duties. Be guided through a decade of Family Provision decisions to uncover emerging judicial trends and what they mean for future claims.
Tuesday, 18 November 2025
9.00am to 10.00am Colliding Paths: How Equitable Claims Affect FPA Proceedings
Explore how equitable doctrines—like proprietary estoppel, constructive trusts, mutual will agreements, and testamentary promises— intersect with Family Provision Act claims, creating complex litigation landscapes.
- For Claimants: Strategically decide whether to pursue FPA claims alone or alongside equitable claims, using testamentary promises and mutual will agreements to bolster their case
- For Executors/Estate Defenders: Navigate reduced asset pools due to equitable interests while coordinating defences across statutory and equitable frameworks
- Anayse recent cases
Presented by Michelle Bennett, Barrister, Francis Burt Chambers
11.00am to 11.15am Break
12.15pm to 1.15pm Review of Family Provision Claims Over The Past Decade
Examine a decade of Family Provision decisions to uncover developing trends and evolving judicial attitudes. What insights do these cases offer into how courts are currently approaching Family Provision claims?
Presented by John Butler, Consultant and Notary Public, HopgoodGanim Lawyers
Description
Attend and earn 4 CPD units including
3 units in Substantive Law
1 unit in Professional Skills
This program is based on WA legislation
Professional Skills
10.00am to 11.00am Complex Case Management in Succession Law Litigation
- Concurrent claims
- Consolidation
- Subpoenas and more
Presented by Craig Gregson TEP, Principal Lawyer, Gregson & Associates
11.15am to 12.15pm Taxation & Duty Consequences in Settlement of FPA Claims
- Identifying estate CGT assets, cost bases and estimating CGT payable
- Understanding – Deferred or future CGT and that tax may be payable on in specie transfers, appropriations in a settlement agreement
- Understanding CGT triggering events on transfers or appropriations
- Understanding the two-year rule for CGT events and extensions of time, can you get them? How long do they take? What does the ATO accept as a good reason? Does the Estate pay the CGT if the two-year rule is not followed?
- Superannuation – What tax is payable to various beneficiaries direct from super funds versus the estate and then to beneficiaries?
- CGT consequences of portable life estates or realty the subject of a life estate?
- Duty consequences in settlement of FPA claims
Presented by Ian Raspin, Managing Director, BNR Partners and Thomas King, Associate, Smailes Krawitz
Presenters
Michelle Bennett, Barrister, Francis Burt ChambersMichelle practices broadly in commercial and administrative law. She has a particular interest in equity, trusts and deceased estates. Michelle combines her extensive dispute resolution experience, legal skills and strategic instinct to provide pragmatic advice and assist clients to achieve their best outcomes. Michelle joined Francis Burt Chambers in 2024, having joined the Victorian Bar in 2019. Michelle practises in both Perth and Melbourne and regularly appears as counsel for, and advises, a range of public and private clients on matters including family provision claims, contentious estate proceedings and trusts, contract, property and consumer law disputes.
Craig Gregson TEP, Principal Solicitor, Gregson & Associates
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011. He holds a Bachelor of Laws (LLB) from Edith Cowan University (WA) and a Masters of Applied Law majoring in Wills and Estates Practice (LLM)(NSW) from the College of Law. Craig is a current Ph.D candidate at the University of Western Australia in Succession law reform. His thesis focuses on Avoidance of Family Provision Law in Australia and Notional Property. Craig is a part time member of Mental Health Tribunal (a jurisdiction which hears reviews of involuntary treatment orders and other applications made under the Mental Health Act 2014 (WA).
Ian Raspin, Managing Director, BNR Partners
Ian Raspin is a Director of BNR Partners and heads the firms' specialized , Estates and Trusts Taxation division, who have provided specialised , services in this niche area to both listed Trustee Companies and legal , practices across Australia for over 15 years. He is a fellow of CPA , Australia, a Certified Tax Advisor with the Taxation Institute, a member of , the Society of Trust and Estate Practitioners, a graduate member of the , Australian Institute of Company Directors and the former chairman of CPA , Australia's Public Practice Advisory Committee. Ian is actively involved in , the professional arena and provides recommendations to both private and , Government advisory boards on Estate Taxation. He also regular presenter , at both conference and seminars, as well as in-house training sessions , cross Australia on this niche topic.
Thomas King, Associate, Smailes Krawitz
Tom is a private clients lawyer, with expertise in tax, trusts, estates and commercial law. He provides technical tax, trusts and estates advice to high net worth individuals, family groups and corporate entities. Tom acts for taxpayers at every stage of review and at audit. He has acted in tax, trusts and superannuation disputes in the Administrative Appeals Tribunal and the Supreme Court of Western Australia. Known as a problem solver at heart, Tom's clients benefit from his knack for finding the way forward through legal frameworks. Tom is admitted as a lawyer of the Supreme Court of Western Australia. He holds a Bachelor of Commerce (Professional Economics) and a Juris Doctor from the University of Western Australia, where he tutors in taxation law.
John Butler, Consultant and Notary Public, HopgoodGanim Lawyers
John is a Consultant & Notary Public in our Family & Relationship Law and Estate & Succession practice at HopgoodGanim Lawyers. With over 50 years of experience, John brings a wealth of knowledge and consistently achieves the best possible outcomes for his clients. John is experienced in Business & Estate Planning, Wills & Estates, Guardianship & Administration and Family Law. John is an active member of his community, having served in the Australian Army Reserve for 13 years as a Commissioned Officer, is presently on the Reserve of Officers and is an active member of the Rotary Club of Matilda Bay where he leads initiatives that promote humanitarian service, good will and peace worldwide.
