Elder Law Conference

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Elder Law Conference

An expanding network of issues

20 July 2012

Law Society House, 179 Ann Street, Brisbane

5.5 CPD

points

2012

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Elder law is an increasingly complex area which deals with an

exponentially large demographic. Previously at the intersection

of family law and estate planning, elder law now represents an

expanding network of issues. Such as new legislation concerning

retirement villages, changes resulting from case law, assets and

economic planning, and managing health and capacity issues.

Program

Friday 20 July 2012

8.30–8.50am

Registration

8.50–9.20am

Opening address

Speaker: Noeline Brown, Ambassador for Ageing, Office for an Ageing Australia – Department of Health and Ageing

Chair: Dr John de Groot, President, Queensland Law Society and Special Counsel, de Groots Wills & Estates Lawyers, Accredited Specialist – Succession Law (Qld) and Chairman of Queensland Law Society, Succession Law Committee

Session 1

9.20–10am

0.5 Points

Government response to the Productivity Commission Report

‘Caring for Older Australians’

The 2012–2013 Federal Budget will be the most significant aged care budget since the commencement of the Aged Care Act in 1997. It will contain details of the Federal Government’s long awaited response to the Productivity Commission’s report ‘Caring for Older Australians’, which was handed to Government on 28 June 2011. It is expected to map the Government’s plan for the provision of aged care over the next decade or longer. This important discussion for practitioners will centre on:

• Government’s overall response to the report

• recommendations which have been adopted, rejected and referred for further analysis

• short, medium and long–term impacts of the Government’s approach to aged care reform

• likely impact on lawyers advising older clients and their families about the provision of aged accommodation and care.

Speakers: Julie McStay, Partner, Hynes Lawyers; Tim Longwill, Partner, McCullough Robertson

Chair: Dr John de Groot, President, Queensland Law Society and Special Counsel, de Groots Wills & Estates Lawyers, Accredited Specialist – Succession Law (Qld) and Chairman of Queensland Law Society, Succession Law Committee

Noeline Brown

Ambassador for Ageing, Office for an Ageing Australia – Department of Health and Ageing

In April 2008, well known Australian, Noeline Brown was appointed as Australia’s first Ambassador for Ageing. Ms Brown, who is a media personality, active community member and an Australia Day Ambassador, was reappointed as Ambassador for Ageing in 2011 for a second three year term.

The Australian Government established the Ambassador for Ageing Program to encourage respect for older Australians and to promote healthy active ageing. As the Ambassador for Ageing, Ms Brown is involved in a range of activities and events within the community that highlight and promote critical issues associated with ageing. Many of which are the subject of advice provided by professionals.

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10.00–10.15am

Morning tea

Session 2

10.15–10.55am

0.5 Points

Update on changes and effect of recent amendments

to the

Retirement Villages Act

Amendments to the Retirement Villages Act 1999 (Qld) affect all contracts that require the resident to pay an exit fee to the scheme operator. There are particular challenges for practitioners, including scheme operators who want to avoid the requirement to pro rata on a daily basis. Practitioners need to know of likely issues associated with residence contracts entered into before the amendments commence. This session will traverse these and other issues such as:

• biggest areas of dispute and associated causes concerning ingoing contributions

• how to calculate exit fees on a pro rata daily basis under the new Section 53A

• how scheme operators may argue ‘a way of working out the exit fee that is not on a daily basis’

• how future residence contracts may vary in order to reflect the new requirements

• other potential upcoming changes to the Retirement Villages Act.

Speaker:Peter Porcellini, Senior Lawyer, Munro Thompson Lawyers

Chair:Annie O’Connor, Consultant, DLA Phillips Fox

10.55–11am

Stretch break

Session 3

11–11.30am

0.5 Points

The emerging confluence of elder law and family law

In Stanford v Stanford, the full bench of the Family Court declared that it ‘clearly has the power’ to split assets of elderly couples who remain married, yet ‘physically separated’ because one of them lives in a nursing home. Hear why this may give rise to a new wave of legal action, with particular regard to:

• overview of Stanford v Stanford and what it highlights for elder law practitioners

• facts and figures on likely causes of couples being ‘separated’ by old age

• why the Family Court expects to see these types of cases with increasing frequency

• intersections with family law and children ‘having regard to their likely inheritance’.

Speaker: Brian Herd, Partner, Carne Reidy Herd Lawyers and Chair, Queensland Law Society Elder Law Committee

11.30am–12pm

0.5 Points

Identity fraud and the elderly: What practitioners should know

This informative session will give attendees insight into the impact of identity fraud on the individual and the community. Particular regard will be given to how practitioners may assist clients to prevent the likelihood of them becoming a victim by:

• highlighting emerging trends and techniques of identity fraud

• explaining how you may take steps to protect yourself and your clients

• discussing opportunities for practitioners to help prevent ID fraud.

Speaker:Kathryn Collins, Plain Clothes Senior Constable, Queensland Police Service

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Session 4

12.40–2.10pm

0.5 Points

A grey area: How are the courts dealing with elder law?

This summary of the most recent state, national and international decisions, consideration will examine how the courts are redefining and responding to elder abuse. It will look at the intersection of abuse and death, the impact on estates and capacity, and your role in giving independent legal advice.

Speaker:Dianne Pendergast, Barrister & Mediator, Queensland Bar

Chair:Kim Forrester, Barrister, Queensland Bar

2.10–3pm

0.5 Points

Conflict transactions and enduring powers of attorney

The often very private world of family finances and the ‘blank cheque’ or ‘de facto estate planning’ psychosis of the enduring power of attorney can trigger some extraordinary conduct by attorneys; no more so than in the area of conflict transactions. This session will address the increasing concerns about these developments including:

• experiences of, and feedback from, QCAT

• what does the law on conflict transactions really mean?

• effect of conflict transactions on estates and estate litigation

• can we do a better job as lawyers in drafting and advising on enduring powers of attorney?

Speakers: Claire Endicott, Senior Member, Queensland Civil and Administrative Tribunal; Brian Herd, Partner, Carne Reidy Herd Lawyers and Chair, Queensland Law Society Elder Law Committee

Chair:Dianne Pendergast, Barrister & Mediator, Queensland Bar

3–3.15pm

Afternoon tea

Session 5

3.15–4pm

0.5 Points 0.5 Points

Answering questions on notice

Have your elder law dilemmas discussed anonymously by an experienced panel of experts, who will address concerns and problems encountered by you and your fellow delegates. Our panel is seeking input from you. We will email you a survey asking what dilemmas you face in elder law and your response will form the basis of this session.

Panellists: Mark Crofton, Deputy Public Trustee and Official Solicitor, The Public Trustee of Queensland; Peter Murray, Financial Information Service Officer, Centrelink;

Lindsay Irons, Adult Guardian, Department of Justice and Attorney-General; John Briton, Legal Services Commissioner, Legal Services Commission

Facilitator:Tim Longwill, Partner, McCullough Robertson

4–4.40pm

_{Affording retirement –}

economic insights into public and private funding options

As part of the Intergeneration Transfer of Wealth (ITOW) project the Economics and Law Research Unit (ELRU) at the University of Queensland investigates issues associated with Australia’s ageing population. This session will include:

• interplay between economics and law in considering demographic issues expected in Australia due to ageing and increased longevity

• a consideration of various proposals on self and family funded models

• insights into possible feasible and fiscally responsible options to meet the future costs of aged care.

Speakers: James Stokes, Lawyer, McCullough Robertson Lawyers;

Professor Jeff Mangan, Co-Director, Faculty of Business, Economics & Law, The University of Queensland

Chair:Tim Longwill, Partner, McCullough Robertson

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Program information

The venue

Queensland Law Society is proud to present the 6th Annual Elder Law Conference. The conference will be held at Law Society House, Level 2, 179 Ann Street, Brisbane. Located in the heart of the business district, close to hotels and transport.

Registration

Registration is on Level 2 and all sessions will be held in the Auditorium.

Registration entitlements

Full-day registration includes:

• attendance at all conference sessions

• morning tea, lunch and afternoon tea

• USB stick with papers (where supplied) for conference sessions.

Close of registration

Close of earlybird registration (with accompanying payment) is Friday 22 June 2012. Standard registration (with accompanying payment) must be received at least 48 working hours prior to the commencement of the 6th Annual Elder Law Conference, Wednesday 18 July 2012.

Cancellation policy and transfers

Please refer to the Queensland Law Society events policy at qls.com.au for guidelines on conference registration, cancellations and transfers.

Electronic distribution of papers and presentations

Papers and presentations (where supplied by the presenter) will be electronically distributed to delegates 72 hours prior to the conference date. They will also be provided to delegates on the day of the conference on a USB memory stick.

Name badges

Your name badge is your passport to access all sessions, morning and afternoon tea and lunch. Please ensure your badge is visible at all times.

Delegates with special requirements

Please indicate on the registration form or online.

Queensland Law Society CPD points

The 6th Annual Elder Law Conference attracts 5.5 CPD points. Please note that the core compulsory point for professional skills for 2012/2013 CPD year are on offer within the program.

Queensland Law Society Specialist Accreditation points

Specialist Accreditation points are now self-assessed. For further information, please contact the Society’s Specialist Accreditation Manager at

[email protected] or phone 07 3842 5926.

Parking

Parking is available at Secure Parking, 192 Ann Street (opposite Law Society House), Brisbane, phone 07 3221 9892 and at King George Square Car Park, entrance via Roma Street or Adelaide Street and exit Roma Street only, Brisbane, phone 07 3403 8888. Note: Please contact car parking station for further information on prices. Parking is subject to availability.

Accommodation

Special delegate accommodation rates have been negotiated with Rendezvous Hotel Brisbane. To book accommodation, please contact Rendezvous Hotel Brisbane on 07 3001 9888 or

[email protected]. Negotiated Accommodation rates at the Rendezvous Hotel Brisbane are as follows (inc GST):

• Studio Room – $200.00

• One Bedroom Apartment – $240.00 These rates are inclusive of 10% GST and subject to availability. The rates are valid for occupancy on a single, twin or double basis. To receive these rates please contact the Hotel directly and state that you would like to book at Queensland Law Society preferred rates.

Included with accommodation bookings are:

• complimentary internet for 3 hours per calendar day

• complimentary local phone calls

• complimentary local newspaper, daily.

Privacy

Queensland Law Society (the Society) respects your privacy and is committed to the Information Privacy Principles contained in the Information Privacy Act 2009 (Qld). The Society collects personal information about you to provide services to you, to improve the quality of those services, and to provide you with information about other services we offer. For these purposes, we may disclose your personal information to organisations to whom we outsource functions such as market research and to our service entities. The Society also uses this information to conduct research for the development of educational and professional programs.

At any event held by the Society, your image may be photographed or filmed at any time throughout the event. We may use, publish or reproduce your image or recording of you in any form of communication material to promote the Society’s services and to report on its events through its publications and resource material including our Annual Report, Proctor, Twitter and Facebook pages. Your consent to the use of your image in full or part for any Society related purpose is taken to be given by attending this event. The Society takes reasonable steps to ensure your personal information is not exposed to misuse, loss or unauthorised access. Any image or recording of you that is published may be transferred overseas and by completing this application and attending the event, you agree to this transfer.

Business details and personal information provided on this form may be transferred and stored overseas to administer such services and communications to you. By completing this application, you agree to this transfer.

In accordance with the Electronic Transactions (Queensland) Act 2001, the Society may provide notices or correspondence to you by electronic communication. By completing this application, your consent to this form of contact is taken to be given. Should you not wish to have your image photographed or filmed, please contact the Society at [email protected] to advise that you do not wish to be photographed or filmed.

If, at any time, you would prefer that the Society did not use or disclose your personal information, including your image, please contact the Society at [email protected]. If your details change or you wish to access the information the Society holds about you, please contact the Society on 1300 FOR QLS (1300 367 757).

Disclaimer

Queensland Law Society reserves the right to substitute program sessions and/or speakers or cancel sessions/ programs where necessary.

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Registration form

PaymentPlease note that full payment must accompany registration

Course code 120720

Resource code 120720D

Total payment (inc GST)

My cheque payable to Queensland Law Society Inc is enclosed Please debit my credit card (Diners Club is not accepted)

Visa Mastercard QLS Amex Amex Card number

Cardholder name

Expiry date / Amount $ Cardholder signature

Queensland Law Society, GPO Box 1785, Brisbane Qld 4001 Member registration

FULL-DAY conference registration (all prices inclusive GST)

Earlybird by 22 June 2012 $620

Standard by 18 July 2012 $760

Non-member registration

FULL-DAY conference registration (all prices inclusive GST)

Standard by 18 July 2012 $970

DVD purchase

Member

Earlybird full-day by 22 June 2012 $620

Standard full-day $760

Non-member

Standard full-day $970

Delegate information

Queensland Law Society member number First name Last name Organisation Postal address City/Town Postcode Phone (bh) Fax Email

Special dietary requirements

Register online at

qls.com.au/events.html

Can’t attend? Consider ordering the DVD

Please note: Earlybird registration closes Friday 22 June 2012 and is only available to Queensland Law Society members and members and/or staff of endorsing organisations. There is no earlybird rate for non-members. Standard registration closes Wednesday 18 July 2012.

All prices include GST. This document will be a tax invoice for GST purposes when you make payment. Please retain a copy of this for GST records.

Location

I will attend in person at Law Society House

I will attend by videoconference (please tick preferred location)

Atherton Gladstone Redcliffe

Beenleigh Gold Coast Rockhampton

Bundaberg Gympie Sunshine Coast

Cairns Hervey Bay Surfers Paradise

Cannonvale Ipswich Toowoomba

Dalby Mackay Townsville

Emerald Mt Isa