Navigating the Realities of Technical Legal Issues
Programme
Thursday 15 May 2025
8:15am – 8:45am
Registration and Coffee & Pastries
8:45am – 8:50am
Opening by the Chair
Vicki Ammundsen
8:50am – 9:35am
Session A
Property Law and Relationship Property Law: Working Together Across Disciplines
The disconnect between family law and property law can create critical issues when handling matters such as funding, asset division, and property transactions. Misaligned timing, overlooked details, and poor communication between these two disciplines often lead to errors that can negatively impact clients.
This session offers practical insights into improving collaboration between family and property lawyers to bridge these gaps and ensure better outcomes for clients.
This session includes discussion on the following points:
- Aligning different workflows: Understanding the differing timelines of property contracts and relationship property agreements and how to coordinate them effectively.
- Avoiding common pitfalls: Exploring real-world examples, such as property purchases made without relationship property agreements or gifting arrangements finalised without proper legal safeguards.
- Interdisciplinary communication: Strategies for fostering better collaboration between family lawyers, property law practitioners and accountants to ensure all key issues are addressed before critical decisions are made.
- Practical scenarios: Addressing situations like property settlements and funding for property purchases, and leveraging role clarity to prevent last-minute complications or lost client leverage.
This session provides actionable insights for practitioners to create a holistic approach to property-related disputes in family law and to foster communication and coordination between disciplines, helping them deliver seamless and comprehensive service to their clients.
Speakers: Vicki Ammundsen (Moderator), Sam Bassett, Helen Radinovich, Emma Tonkin
9:35am – 10:20am
Session B
EPOAs: Practical Realities and Common Pitfalls
Focused on practical advice and actionable insights, this session is designed to equip participants with the tools needed to manage Enduring Powers of Attorney (EPOAs) effectively and ensure these vital documents achieve their intended purpose.
EPOAs are essential legal tools, but their practical application often presents challenges, misunderstandings, and even risks of misuse. This session moves beyond drafting and form completion to delve into the real-world issues faced by attorneys, families, and legal professionals when managing EPOAs.
This session will explore:
- When EPOAs come into effect: Addressing common confusions around activation, particularly in cases involving property attorneys and capacity assessments, and the legal risks of missteps.
- Practical pitfalls: Examining real-world examples of poor advice, misuse of authority, and how to manage conflicts of interest while maintaining independence between donor and attorney.
- EPOAs and trusteeships: Understanding how an attorney’s powers intersect with trustee duties, especially when trust assets are involved.
- Conflict resolution: Strategies for attorneys to effectively navigate challenging decisions and ethical dilemmas.
Revocation, suspension, and death – practical considerations – intersection of “what the donee wants” and the law.
Speakers: Vicki Ammundsen, Theresa Donnelly
10:20am – 11:05am
Session C
Problematic Probates: Practitioner and Registry Perspectives
The probate process does not always run smooth – there can be various questions about validity of a will, a range of errors with the probate application, and sometimes both. Drawing on their depth of experience and with reference to real-life examples, the presenters will highlight a range of issues, provide guidance on legal and procedural matters, and offer insights from practitioner and registry perspectives.
Speakers: Tony Mortimer, Denise Robins
11:15pm – 11:45am
Networking Break 1
11:45am – 12:05pm
Pre-recorded Video (Online viewers only)
Personal Safety and Communication
Speaker: Lance Burdett
Our world is changing and having an impact on many causing anger and aggression. Lance will cover what happens to make people feel angry and how to stay safe while communicating effectively in escalating situations. He will show how to de-escalate using verbal and non-verbal techniques.
In the Spotlight
The Spotlight session speakers will each give a brief rundown of their topic. It is a chance for in-person attendees to evaluate and choose which sessions they would like to attend.
12:05pm – 12:55pm
Spotlight Session 1A
Common Conveyancing Considerations: Avoiding Stumblin Blocks with Tax, Settlement and Other Issues
Speakers: Stella Chan, Riaan Geldenhuys
This interactive session will cover a range of matters arising in the conveyancing sphere, including recent changes to the Bright-line and rollover relief rules plus other tax considerations, common issues such as managing the compensation clause in the Agreement for Sale & Purchase and client expectations, and the delays in property settlements caused by source of wealth and client due diligence verification. A case study will be used to bring the material to life.
Spotlight Session 1B
To Be or Not to Be a Trustee: The Dos and Don’ts of Trust Administration
Speaker: Tammy McLeod
This session will cover key practical aspects of trust practice management, including best practice trust administration and ensuring proper key trust record retention. It will highlight trustee responsibilities and offer practical guidance for lawyers to streamline trust administration and ensure compliance.
Spotlight Session 1C
Before the Cradle: Legal Issues Relating to Embryos and Gametes
Speakers: Stewart Dalley, Jennifer Wademan
This session will explore the legal framework surrounding property rights for embryos and human gametes, focusing on how inheritance, trusts, and estate planning intersect with reproductive and family law.
Key topics include surrogacy implications, citizenship, and blended family dynamics. Attendees will gain practical insights on mitigating legal risks, ensuring clarity in estate planning, and understanding international approaches to these evolving issues.
12:55pm – 1:40pm
Spotlight Session 2A
Mutual Wills and Life Interest Wills – Common Drafting and Administration Issues
Speakers: Kimberly Lawrence, Colette Mackenzie
This session will explore the complexities of mutual wills and life interest wills, focusing on common issues that arise in their drafting and administration. Attendees will learn how to identify potential problems, such as implications for title registrations, entitlements, relationship property, and estate claims, and how to find effective solutions. The session will emphasise the value lawyers bring to will drafting by asking the right questions, going beyond simply recording client instructions. Attendees will gain insights into how thoughtful, comprehensive advice can help clients avoid unintended consequences and protect their assets in the long term.
Spotlight Session 2B
Equity vs Pragmatism in Trust Disputes
Speaker: Jeremy Johnson
This session explores balancing equity and pragmatism in trust disputes, focusing on s 145 of the Trusts Act 2019. It offers mediation strategies for resolving complex issues, including challenges with unspecified beneficiaries and minors, while addressing the financial burdens these complexities create.
Spotlight Session 2C
Conscious Decoupling – Managing the Tensions between Trust Law and the PRA on Relationship Breakdown
Speakers: Jennie Hawker, Simon Weil
This presentation will provide a practical focus on the interplay between contracting out agreements, trusts, Part 8 of the Property (Relationships) Act and wills, particularly in the context of relationship dissolution, separation, and death. Through real-life scenarios, we will explore the tensions between trust law and the PRA, the intersection of Section 21 Agreements with trusts, and the complications that arise when trustees are unaware, or not fully involved, in ratifying these agreements.
Attendees will gain practical insights into managing these complex interactions in family law, trust and property disputes, particularly when addressing issues of asset division, family home access, and legal risks following death or separation. This session will emphasise the need for comprehensive guidelines and careful drafting to ensure smooth and equitable outcomes for clients.
1:40pm – 2:40pm
Networking Break 2
2:40pm – 3:30pm
Spotlight Session 1A (Repeated)
Common Conveyancing Considerations: Avoiding Stumbling Blocks with Tax, Settlement and Other Issues
Speakers: Stella Chan, Riaan Geldenhuys
This interactive session will cover a range of matters arising in the conveyancing sphere, including recent changes to the Bright-line and rollover relief rules plus other tax considerations, common issues such as managing the compensation clause in the Agreement for Sale & Purchase and client expectations, and the delays in property settlements caused by source of wealth and client due diligence verification. A case study will be used to bring the material to life.
Spotlight Session 1B (Repeated)
To Be or Not to Be a Trustee: The Dos and Don’ts of Trust Administration
Speaker: Tammy McLeod
This session will cover key practical aspects of trust practice management, including best practice trust administration and ensuring proper key trust record retention. It will highlight trustee responsibilities and offer practical guidance for lawyers to streamline trust administration and ensure compliance.
Spotlight Session 1C (Repeated)
Before the Cradle: Legal Issues Relating to Embryos and Gametes
Speakers: Stewart Dalley, Jennifer Wademan
This session will explore the legal framework surrounding property rights for embryos and human gametes, focusing on how inheritance, trusts, and estate planning intersect with reproductive and family law.
Key topics include surrogacy implications, citizenship, and blended family dynamics. Attendees will gain practical insights on mitigating legal risks, ensuring clarity in estate planning, and understanding international approaches to these evolving issues.
3:30pm – 4:20pm
Spotlight Session 2A (Repeated)
Mutual Wills and Life Interest Wills – Common Drafting and Administration Issues
Speakers: Kimberly Lawrence, Colette Mackenzie
This session will explore the complexities of mutual wills and life interest wills, focusing on common issues that arise in their drafting and administration. Attendees will learn how to identify potential problems, such as implications for title registrations, entitlements, relationship property, and estate claims, and how to find effective solutions. The session will emphasise the value lawyers bring to will drafting by asking the right questions, going beyond simply recording client instructions. Attendees will gain insights into how thoughtful, comprehensive advice can help clients avoid unintended consequences and protect their assets in the long term.
Spotlight Session 2B (Repeated)
Equity vs Pragmatism in Trust Disputes
Speaker: Jeremy Johnson
This session explores balancing equity and pragmatism in trust disputes, focusing on s 145 of the Trusts Act 2019. It offers mediation strategies for resolving complex issues, including challenges with unspecified beneficiaries and minors, while addressing the financial burdens these complexities create.
Spotlight Session 2C (Repeated)
Conscious Decoupling – Managing the Tensions between Trust Law and the PRA on Relationship Breakdown
Speakers: Jennie Hawker, Simon Weil
This presentation will provide a practical focus on the interplay between contracting out agreements, trusts, Part 8 of the Property (Relationships) Act and wills, particularly in the context of relationship dissolution, separation, and death. Through real-life scenarios, we will explore the tensions between trust law and the PRA, the intersection of Section 21 Agreements with trusts, and the complications that arise when trustees are unaware, or not fully involved, in ratifying these agreements.
Attendees will gain practical insights into managing these complex interactions in family law, trust and property disputes, particularly when addressing issues of asset division, family home access, and legal risks following death or separation. This session will emphasise the need for comprehensive guidelines and careful drafting to ensure smooth and equitable outcomes for clients.
4:20pm – 5:05pm
Session D
Certainty vs Justice: Some Recent Developments in Fiduciary Law
Anthony Grant and Andrew Steele with moderator Sandra Grant will discuss two subjects, relating to the Supreme Court decisions in:
- Legler v Formannoij: can a person be both a sole director of a corporate trustee and a beneficiary?; and
- the Alphabet Case: what are its practical implications?
Speakers: Sandra Grant (Moderator), Anthony Grant, Andrew Steele
5:10pm – 5:15pm
Closing by the President and the Chair
Tony Herring, Vicki Ammundsen
5:15pm – 6:45pm