Appointing an attorney to act on behalf of a person can safeguard that person’s interests and those of their family. The dilemma in drafting an enduring power of attorney is the nature and extent of the powers to be given to the attorney, particularly as these cannot be changed once the donor becomes incapacitated. This session will explore some of the drafting options, including:
A raft of laws at state and federal levels govern what constitutes discriminatory conduct, and at every turn schools need to be mindful of their obligations. This session will provide a guide to the complex regime of discrimination laws and how schools can successfully manage their policies and decision-making in an increasingly regulated environment, as well as some recent case examples, including:
Section 90K of the Family Law Act sets out a number of grounds upon which a financial agreement may be set aside. Chief amongst these is a “material change in circumstances” arising from some aspect of the care, welfare and development of a child of the marriage. Sounds simple in theory, but section 90K(1)(d) can be difficult to apply in practice. This session examines the following:
During times of change and pressure, organisations look to their Board for guidance and leadership. This session will examine what a prudent Board should be doing to steer its organisation through stormy waters resulting from the pandemic, royal commission findings, increasing regulation and the economic downturn, including:
The reporting function is at the heart of the SMSF auditor’s role. This practical session covers two key areas: reporting to trustees and contraventions to the ATO. It examines:
Reporting to trustees:
The unfair contracts regime is set for a significant shakeup, with further protections to be provided to small businesses entering into standard form contracts. With strong civil penalties on the horizon, it has never been more important for commercial lawyers and their clients to be across the new landscape.
This session covers:
Recent high-profile decisions, along with the Federal Government’s Omnibus Bill have refocused attention on the definition of casual employment and whether employees are truly ‘casual’ employees. But confusion abounds generally over the application of the test in practice. This topic addresses:
When things turn ugly, a prudent executor or trustee should consider whether to seek judicial advice to reduce the risk of claims against them. The session looks at the issues in obtaining judicial advice in wills and estate matters and how it can be used as a risk management tool, including:
When capacity is the issue, estate plans require careful management. This session examines how advisers can establish an estate planning framework to minimise the risk of incapacity by a key decision-maker, and what they should do if that happens without appropriate measures in place. It covers:
The need to terminate the employment of staff may arise in a variety of situations, and care needs to be taken to ensure this is done legally and sensitively with the impact on the workplace community fully considered. This session provides a guide to the processes for employee separation, including: