Live Webinar: Misbehaving Agents under Powers of Attorney – Legal and Equitable Remedies for Elder Financial Abuse


Date:   Wednesday 25th July 2018 – Online:
Vic, NSW, Qld, ACT, Tas: 3pm to 4.30pm  
SA & NT 2.30pm to 4pm 
WA 1pm to 2.30pm

A number of recent cases have highlighted how the law is currently dealing with attorneys who misbehave or commit elder financial abuse. The law’s response raises issues about being forewarned and forearmed to deal with this risk. This session looks at how the law is dealing with this important area, including:

  • Right of standing in taking action against agent
  • Fiduciary obligation and the constraints on the exercise of power by the agent
  • Key remedies:
    • termination of power of attorney
    • restitution
    • order for accounting and review
    • damages
    • breach of fiduciary duty
    • criminal liability
  • Using equitable remedies against the agent
  • The action of knowing receipt against the agent and third parties
  • Accessorial liability of third parties to return property to principal
  • The risk of poor drafting of power of attorney - Liability of solicitor
  • Problems of proof - forensic investigation and tracing
  • Case updates:
    • Reilly v Reilly [2017] NSWSC 1419
    • Hartley v Woods [2017] NSWSC 1420
Our presenter

Darryl Browne, Principal, Browne Linkenbagh Legal Services, Leura, NSW

Darryl is an Accredited Specialist in Wills and Estates. His forte is estate planning (involving wills, superannuation, powers of attorney, enduring guardian appointments, advance care directives, trusts and related aspects), but he also conducts estate and other litigation for clients. He advises clients concerning commercial law issues (including business acquisitions, leases, employment issues and planning matters) as well as with conveyancing and related real estate transactions.

Darryl is regularly called upon to give seminars to solicitors on estate planning and estate litigation topics.


This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 1.5 CPD [CLE] units/points – substantive law.  This webinar has been designed to run for 1.5 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1 hour.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBRJUL18
 Price:   $253.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.