Navigating Family Provision Claims

Uncover the latest developments in family provision claims and walk away with a comprehensive toolkit to manage your litigious matters. You will explore cases involving adult children and analyse the relevance of estrangement and expert evidence. Assess the de facto threshold in FPA claims and explore estate planning considerations. Evaluate practicalities in FPC by investigating strategic considerations and client management. Dive into complex executor and administrator issues.

Thursday, 21 September 2023
2.00pm to 2.45pm Roundup of Recent Family Provision Claims by Adult Children – Has Anything Really Changed since Lemon v Mead?

 

  • A summary of some notable recent family provision claims from around Australia, involving adult child applicants
  • Relevance of estrangement
  • Relevance and treatment of expert financial and medical evidence
  • Any shift in how courts are approaching the issue of costs

Presented by Rein Squires, Barrister, Francis Burt Chambers

3.45pm to 4.30pm Practicalities of Family Provision Claims

 

  • Receive a summary of the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2022 relevant to Family Provision Claims and a guide to legal costs management
  • Review the strategic considerations required when representing clients in Family Provisions Claims
  • Investigate some practical tips for client and case management
  • Evaluate an overview of recent Family Provision Claims cases

Presented by Kellie Woods, Managing Associate, Dentons Australia

2.45pm to 3.30pm The De Facto Threshold in Family Provision Act Claims - What It Looks Like In 2023

 

  • Update on latest de facto claims
  • Comparing WA’s position on de facto spouses
  • Considerations with multiple spouses
  • Estate planning considerations and the inadequacies of the right to reside

Presented by Heather Williams, Director and Principal Solicitor, Sunstone Legal

4.30pm to 5.15pm Complex Executor & Administrator Issues in Family Provision Claims

 

  • Escrow agreements
  • Superannuation applications by LPRs – a breach of duty?
  • Review of LPR decision making under s94 of the Trustees Act 1962 (WA)
  • Stamp duty implications on FPC settlement agreements and consent orders

Presented by Craig Gregson, Practice Director, Gregson & Associates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022

Chair:

Elmi Carlean, Barrister, Francis Burt Chambers; Recommended Wills and Estates Litigation Junior Counsel, Doyle’s Guide 2019

Description

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

3.30pm to 3.45pm Afternoon Break

Presenters


Ms. Elmi Carlean, Barrister, Francis Burt Chambers
Elmi Carlean has been a member of the Western Australian Bar Association practicing from Francis Burt Chambers in Perth since 2015. Prior to joining the bar, Elmi practiced in Brisbane between 2004 and 2009 where she was involved in a wide range of commercial litigation, insurance claims and corporate governance matters. From 2009 to 2015 she acted as in-house legal counsel in the Public Sector for the Departments of Water, Environment, and Transport, respectively, and has expertise in resources disputes, particularly in the water sector and mining industry. Elmi has particular expertise as an advocate, and has appeared as Counsel in all State and Federal Courts and Tribunals. She has a strong interest in mediation and commercial negotiation, having completed training both as a mediator and in commercial arbitration. Elmi practices predominantly in commercial litigation, taxation law, deceased estates, family law, employment law and migration law. She has a Maritime Law LLM from the University of Queensland and has acted in a number of shipping matters as well as several aviation claims. She is an adjunct lecturer for the College of Law, has published a number of articles in various legal publications and presented papers and training courses at numerous CPD events in WA. Elmi regularly contributes to the profession by way of acting pro bono on worthy matters and volunteering her time in order to mentor students.


Mr. Rein Squires, Barrister, Francis Burt Chambers
Rein is a commercial barrister with experience in the areas of contract law, property rights, guardianship and administration matters and the administration of trusts and deceased estates. Rein represents clients in private mediations and in legal proceedings, the latter most often conducted in the District and Supreme Courts of Western Australia and on occasion the State Administrative Tribunal, with a focus on identifying and pursuing the most efficient pathway towards a satisfactory resolution. Rein is known for being pragmatic and commercial in his approach and advice. Prior to joining the bar Rein was a principal of a law firm based in West Perth, practicing in the above areas to serve a broad range of private clients, small-to-medium size private businesses and private farming clients.


Ms. Heather Williams, Director and Principal Solicitor, Sunstone Legal
Heather Williams is the Director and Principal Solicitor at Sunstone Legal, a law firm she started while pregnant with her 3rd child, runs from home and has 2 senior lawyers and a conveyancer also working remotely. The name, Sunstone Legal, comes from Nordic mythology where Viking sailors used sunstones on a cloudy day to detect the position of the Sun to navigate the seas. As lawyers, our education and experience means we can be that guiding light for our clients to help them safely navigate their legal matter. In Heather's practice she provides advice and assistance to Perth business owners, private clients and complex families on their succession planning, deceased estates, business contracts and employment matters. Heather is also an Associate Lecturer at Curtin Law School and a supervisor at the John Curtin Law Clinic, a pro bono clinic for law students to gain real client experience under the supervision of practising lawyers as part of their law degree. Heather has commerce and law degrees from the University of Notre Dame, a Post Graduate Diploma in Legal Practice from Bond University and a Masters in Law from the University of Western Australia.


Ms. Kellie Woods, Managing Associate, Dentons Australia
Kellie’s practice includes legal costs, deceased estate and Family Provision Act matters, trusts, corporate and commercial litigation and dispute resolution, and insolvency. Before being elected to the Bar, Kellie worked in commercial litigation and recoveries and restructuring, most recently as a Managing Associate at Dentons Australia. Kellie has a wide range of litigation experience having appeared as Counsel in the Magistrates, District, and Supreme Court and State Administrative Tribunal in addition to appearing regularly in the Federal Court and Federal Circuit and Family Court of Australia. Kellie is known for her thorough and accurate legal advice and her eye for attention to detail. She has advised a wide range of individual, commercial and corporate clients, providing a solution-focussed, commercial and pragmatic approach. In addition to her legal work, Kellie is a member of the Law Society Council, the Law Society Costs Committee and enjoys giving back to the legal community by preparing articles, presenting at CPD events and coaching Law Society Mock Trial students. In 2019, Kellie was the State’s Highest Achiever in the Australian Restructuring Insolvency & Turnaround Association’s (ARITA) Fundamentals of Insolvency qualification.


Mr. Craig Gregson, Practice Director, Gregson & Associates
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011 and the High Court of Australia in December of 2014. Craig specialises in Succession law in Western Australia and is a registered TEP member of the Society of Trust and Estate Practitioners (STEP). 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 the area of succession law reform.

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Navigating Family Provision Claims

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Single Session
Thursday, 21 September 2023
2.00pm to 5.15pm Australia/Perth
CPD Points 3
3
$420.00
Face to Face 20240518 20230921

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Venue
Cliftons Perth

Parmelia House, 191 St Georges Terrace, Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

Parking Information

Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth  - click here for rates.