Elder Law Conference

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1 6th Annual Elder Law Conference 2012 An expanding network of issues 20 July 2012 Law Society House, 179 Ann Street, Brisbane 5.5 CPD points

2 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. Keynote speaker 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. Program 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. Friday 20 July am Registration am 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 am Government response to the Productivity Commission Report Caring for Older Australians The Federal Budget will be the most significant aged care budget since the commencement of the Aged Care Act in 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 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

3 am Morning tea Session am 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 am Stretch break Session am 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 Chair: Annie O Connor, Consultant, DLA Phillips Fox 11.30am 12pm 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 Chair: Annie O Connor, Consultant, DLA Phillips Fox 12pm 12.40pm Lunch

4 Session pm pm 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 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 pm Afternoon tea Session pm 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 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 pm 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 4.40pm Close

5 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 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 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 or phone Parking Parking is available at Secure Parking, 192 Ann Street (opposite Law Society House), Brisbane, phone and at King George Square Car Park, entrance via Roma Street or Adelaide Street and exit Roma Street only, Brisbane, phone 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 or Negotiated Accommodation rates at the Rendezvous Hotel Brisbane are as follows (inc GST): Studio Room $ One Bedroom Apartment $ 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 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 If your details change or you wish to access the information the Society holds about you, please contact the Society on 1300 FOR QLS ( ). Disclaimer Queensland Law Society reserves the right to substitute program sessions and/or speakers or cancel sessions/ programs where necessary. All details are correct as at 2 April Queensland Law Society. FSC logo here

6 Registration form Queensland Law Society 6th Annual Elder Law Conference 2012 Friday 20 July 2012 Law Society House, Level 2, 179 Ann Street, Brisbane. Register online at qls.com.au/events.html Delegate information Queensland Law Society member number First name Last name Organisation Postal address 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 City/Town Phone (bh) Postcode Fax Dalby Mackay Townsville Emerald Mt Isa Can t attend? Consider ordering the DVD Special dietary requirements DVD purchase Member 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 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 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. Earlybird full-day by 22 June 2012 $620 Standard full-day $760 Non-member Standard full-day $970 Payment Please note that full payment must accompany registration Course code Resource code D 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 f (credit card payments only) p For more information visit qls.com.au ABN

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