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NDIS Reform and Disputes: What You Need to Know Now

With seismic reform to the structure of the NDIS and the Senate Committee Report on the proposed reforms to NDIS due to be released on 14 August 2026 gain a comprehensive understanding of the implications of the reforms. Legal practitioners, advisors and providers will gain critical insights into the reforms and what they mean in practice, including the rollout of the “Thriving Kids” framework, shifting funding responsibilities and implementation impacts for children, families and services. With a strong focus on practical outcomes and emerging risks, be equipped with the knowledge and strategies needed to confidently advise clients navigating change. Hear directly from leading experts on participant perspectives, estate planning considerations and the potential increasing role of family support, before diving into recent case updates. Gain essential procedural knowledge on NDIS reviews and appeals directly from the Administrative Review Tribunal and from a legal expert.

Thursday, 27 August 2026
Session 1: NDIS Reforms and Implications for Participants and Providers

Chair: Andrea de Smidt, Principal Solicitor, NDIS Advocacy Practice, Queensland Advocacy for Inclusion

11.15am to 12.15pm Impact of Changes to NDIS from a Participant Perspective
  • NSW Disability Inclusion Plan: moving beyond Thriving Kids and expanding models of disability
  • The future of testamentary trusts to support disabled family members
  • Revising estate planning to respond to beneficiary vulnerability: a search for Trustee competence
  • Shift in focus to family support: the expanding role of community support and community foundations

Presented by Michael Perkins, Consultant, Long Saas Woodbridge; Co-author, Estate Planning: A Practical Guide, 6th edition

12.15pm to 1.15pm NDIS Review Proceedings and Cases: Scope of Review, Reasonable and Necessary Supports, and the SDA Frontier

 

This session examines key legal issues arising in NDIS merits review proceedings, drawing on recent ART and Federal Court jurisprudence. Using a contested specialist disability accommodation (SDA) matter as a worked example, it covers the scope of the Tribunal's review jurisdiction, the construction and application of the "reasonable and necessary" criteria under s 34 of the NDIS Act (including the 2024 amendments), the proper role of informal supports, and emerging issues in SDA design category disputes and pricing.

  • The scope of ART review jurisdiction in Statement of Participant Supports decisions: what the Tribunal can and must consider, applying SMNL and CEO, NDIA [2025] ARTA 1512
  • Applying the amended "reasonable and necessary" criteria under s 34 NDIS Act, including the new s 34(1)(aa) nexus requirement and s 34(1)(f) "NDIS support" test introduced by the 2024 Amending Act
  • Informal supports and s 34(1)(e): what is "reasonable to expect" of families and carers — and the limits of that inquiry under WRMF, McGarrigle, PNFK, and Perosh
  • SDA eligibility and the SDA needs requirement: applying the comparative test in practice
  • Design category disputes - Fully Accessible v High Physical Support: what turns on the classification and how to argue it
  • On-Site Overnight Assistance as an SDA parameter: the pricing and legal framework, and avoiding double-counting with passive overnight Daily Living supports
  • Any significant ART or Federal Court decisions handed down between now and 27 August 2026

Presented by Shannon Finegan, Barrister, Greens List

Description

Attend and earn 7 CPD units including: 
6 units in Substantive Law 
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am NDIS Reforms: What it Means for Providers and Participants

The content of this session will be determined closer to the day with the release of the Senate Committee Report 
Presented by Belinda Kochanowska, Principal, Intrepidus Law; Invited to provide evidence at the Senate Hearing Committee inquiry on key NDIS legislation amendments 2026; Awarded Queensland Law Society Solicitor of the Year Award (Small Firm) 2025;  Finalist 2025 Australian Human Rights Commission Award (Law Award).

11.00am to 11.15am Morning Break
3.00pm to 4.00pm NDIS Appeals and Litigation

A practical session on the NDIS appeal process and litigation 
Presented by Mathew Cuskelly, Principal Solicitor, MPO Legal

Session 2: Administrative Review Tribunal Update, NDIS Appeals and NCAT Applications

Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers

2.00pm to 3.00pm Hear an Update from the Administrative Review Tribunal

Presented by Kruna Dordevic, Deputy President, Jurisdictional Area Leader- NDIS and Social Security, Administrative Review Tribunal

4.00pm to 4.15pm Afternoon Break
Professional Skills
4.15pm to 5.15pm Making NCAT Applications and NDIS Providers
  • Work through the mechanics of filing an NCAT Application
  • Practical issues when interacting with NDIS Providers

Presented by James Marshall, Special Counsel, Cardillo Gray Partners

10.00am to 11.00am Thriving Kids and the NDIS
  • Understanding the history of children and the NDIS
  • Legislative amendments to support Thriving Kids
  • Current implementation timeframes
  • How will children and families be affected the changes?
  • How will providers be affected by the changes?
  • Understanding what Thriving Kids actually deliver
  • Consideration of what will remain as NDIS funding responsibility
  • Implications for the state/ territory Inclusion Supports programs
  • Related reforms in the early childhood sector
  • What’s next?

Presented by Angela Cox, Principal Lawyer, Special Voices Disability Law & Advocacy

Presenters


Angela Cox, Principal Lawyer, Special Voices Disability Law & Advocacy
Angela is a Melbourne-based disability lawyer. She specialises in solving the unique legal and bureaucratic challenges faced by parents and siblings of people with intellectual disability and autism throughout their lifetime. Growing up with a brother with Down syndrome, and being active in his care as adults, drove Angela's passion to help families in a similar situation. This motivated her to become a disability lawyer and establish her legal practice, Special Voices, in 2017. For the past four years, Special Voices has almost exclusively focused on supporting families navigate NDIS appeals processes. Angela has represented many NDIS participants and their families at the Administrative Review Tribunal and advocated for them in other aspects of the NDIS. She has developed a reputation as an expert in NDIS matters related to children with autism, and early childhood intervention.

Kim Boettcher, Barrister, Frederick Jordan Chambers
Kim is a Barrister at Frederick Jordan Chambers in Sydney.  Kim practises in Equity, Property Law, Protective and Guardianship Law, and in the Probate and Succession List.  Prior to coming to the Bar, she practised as a Solicitor in commercial and civil litigation law in London, Sydney and Brisbane.  Kim was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011.   Kim was a Member of the inaugural Legal Services Council in 2014 and reappointed from 2017-2020.   She was Treasurer of the International Commission of Jurists Australia and the NSW Bar Association’s Succession and Elder Law Committee from 2021-2024.  She is now a member of the Human Rights Committee and NSW Regional Women Lawyers even though she usually has to work in Sydney.


Shannon Finegan, Barrister, Greens List
Shannon Finegan was called to the Victorian Bar in 2020 and practises in administrative law, merits review, and appellate proceedings. She appears regularly in the Administrative Review Tribunal across multiple Commonwealth jurisdictions, including NDIS, Comcare, and migration matters, and has conducted proceedings in the Federal Circuit and Family Court, the Federal Court, the Full Federal Court, and in High Court proceedings led by senior counsel. Before coming to the Bar, Shannon worked for fifteen years as a registered nurse, and specialised in renal care, holding postgraduate qualifications in that field. Her clinical background in chronic and complex disease management informs her practice in disability and health law, including the assessment of functional capacity evidence and expert medical reports, and a working understanding of the clinical dimensions of complex support needs in NDIS proceedings. Shannon has a particular interest in the statutory construction of the NDIS Act and the developing jurisprudence of the ART in disability support disputes. This session draws on her experience in contested NDIS review proceedings involving specialist disability accommodation, the amended reasonable and necessary criteria, and the interaction between informal supports and funded care.

James Marshall, Special Counsel, Cardillo Gray Partners

Michael Perkins, Consultant, Long Saas Woodbridge
Michael is a consultant to the law firm Long Saad Woodbridge. He is a lawyer, author, and educator with four decades of experience in trusts, estates, and private client practice. Michael is a co-author of the textbook “Estate Planning: A Practical Guide, 6th edition, published by LexisNexis. He is a co-author and contributor to a range of publications. 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 interests as they age, consistent with their ability. 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 applying collaborative working to professional practice across disciplines.

Belinda Kochanowska, Principal, Intrepidus Law
Belinda Kochanowska is an award winning NDIS law and disability law expert. She is a passionate advocate for disability rights, known for founding and leading Intrepidus Law, Australia’s foremost NDIS and disability rights law firm. Her dedication is fuelled by her personal experience as the mother and carer of an NDIS Participant, giving her a deep understanding of the challenges faced by those navigating the NDIS and disability rights issues. With over 20 years of legal experience, Belinda’s career spans top-tier private practice, government roles at both the state and federal levels, corporate in-house positions, and advocacy work at a not-for-profit disability human rights organisation. Her commitment to the inclusion of neurodivergent children in mainstream schooling drives her ongoing efforts to create a more inclusive society. Belinda’s expertise has been recognised at the highest levels, including her invitation to provide evidence at the Senate Hearing Committee inquiry on key NDIS legislation amendments. Belinda Kochanowska’s blend of professional excellence and personal commitment makes her a powerful force in the fight for disability rights. Belinda was awarded the prestigious 2025 Queensland Law Society Solicitor of the Year Award (Small Firm) and is a finalist for the illustrious 2025 Australian Human Rights Commission Award (Law Award). Belinda completed a Bachelor of Law and Graduate Diploma PLEAT at the University of Queensland in 2003 and was admitted to the Supreme Court of Queensland in 2003 and the High Court of Australia. Belinda’s 20 year legal career ranges from being a solicitor in top tier private legal practice, a lawyer in government (both State and Commonwealth) and as a corporate in-house Lawyer at various corporate entities, publicly listed and government owned, and a not-for-profit human rights organisation. Belinda has built a specialisation in NDIS Law and Appeals at the Administrative Review Tribunal.

Andrea de Smidt, Principal Solicitor, NDIS Advocacy Practice, Queensland Advocacy for Inclusion
Andrea de Smidt has worked for fifteen years as a lawyer supporting disadvantaged members of our community. Andrea’s experience includes coordinating the Homeless Persons Legal Clinic and Self Representation Service, both initiatives of LawRight, and working as a Senior Lawyer for Legal Aid Queensland representing clients in anti-discrimination complaints and National Disability Insurance Scheme appeals. Andrea now works within a team of advocates working for QAI’s NDIS Advocacy Practice.

Kruna Dordevic, Deputy President, Jurisdictional Area Leader- NDIS and Social Security, Administrative Review Tribunal
Kruna Dordevic was assigned as the jurisdictional area leader for the Social Security and the National Disability Insurance Scheme jurisdictional areas from 14 October 2024. She was appointed as a deputy president on 22 July 2024. Deputy President Dordevic was first appointed as a member of the Social Security Appeals Tribunal in 2006 and was appointed as a senior member of the AAT in 2022. She served as a practice leader in the AAT’s Social Services and Child Support Division prior to her appointment as a deputy president. Previously, Deputy President Dordevic has undertaken various roles in the social services sector for government and charitable organisations, including the Service for Treatment and Rehabilitation of Torture and Trauma Survivors, child protection and with women and children fleeing family violence.

Mathew Cuskelly, Principal Solicitor, MPO Legal
Mathew is not your average lawyer. With a background that includes a senior leadership role at the National Disability Insurance Agency (NDIA), he brings an insider’s knowledge to government-related disputes, especially in the fast-growing NDIS space. Mathew is an expert in taxation and related litigation having been an ATO tax litigator for 10 years. He handled all variety of ATO tax disputes from debt recovery, complex taxation disputes, corporations and director duties matters. Mathew started his legal journey at 18 years old when he joined the New South Wales Police Service. He is a former member of the Queensland Police State Drug Squad and Senior Commonwealth Fraud Investigator with extensive experience in highly complex and protracted criminal investigations and prosecutions.

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NDIS Reform and Disputes: What You Need to Know Now

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All Sessions
Thursday, 27 August 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 27 August 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 27 August 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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