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Recorded Webinars

Recorded Webinar: Estate Administration Litigation: Sharpening Your Skillset When the Gloves Come Off (Professional Skills)

While few succession lawyers want their matters to end up in court, it is unavoidable that certain matters will eventually result in litigation. This practical session delves into the potential issues that may emerge in succession law litigation and offers insights on how lawyers

Date/Time

About the Webinar

While few succession lawyers want their matters to end up in court, it is unavoidable that certain matters will eventually result in litigation. This practical session delves into the potential issues that may emerge in succession law litigation and offers insights on how lawyers can effectively equip themselves with the necessary skill set to navigate such situations. Topic areas covered include:

  • Probate caveats and the impact of the recent decision of Re Estate Capelin, deceased [2022] NSWSC 238 on their use in contested matters
  • The ins and outs of ex parte applications:
    • when are they appropriate?
    • how to present your case in accordance with current best practice standards
    • who to notify of the outcome (and when)
  • Notices and applications to bar claims:
    • when they ought to be considered
    • practical and strategic considerations if served with one
  • The duty of legal representatives in succession law litigation, as discussed in Limberger v Limberger [2021] NSWSC 474)

Presented By

Carolyn Sparke KC
Barrister, Victorian Bar Melbourne, Vic

Carolyn Sparke KC graduated from Melbourne University in 1987 with a Bachelor of Laws and a Bachelor of Science. She was admitted to Practice (completing her articles at Minter Ellison) in 1989, and joined the Bar in 1991. She took Silk in 2012.

Carolyn has been a barrister for over 30 years, commencing at the Bar with a broad commercial practice in property law, building cases (when a science degree comes in handy), insolvency and insurance, but for most of that time specialising in equity, trusts and deceased estate cases of all types, as well as superannuation-related issues. She also works in the Administration and guardianship jurisdiction, including looking at the roles and powers of Attorneys under power.

Carolyn is the Victorian Bar's representative on the VCAT Guardianship List users committee. In addition, Carolyn is a Member of the Society for Trust and Estate Practitioners, with an Advanced Certificate in Trust Disputes. She has completed a qualification in International Arbitration with the Chartered Institute of Arbitrators. She has long experience as a Mediator.

Her publications include: co-author of Lexis-Nexis loose-leaf service "Wills Probate and Administration Service Victoria"; an article "Removing executors and trustees" for the Oxford University Press Trusts & Trustees Journal, Law Institute Journal publications, and formerly sat on the Editorial Committee for the Trust Quarterly Review. She was an Adjunct lecturer in the Masters Program, College of Law. She is the Chair of the Bars CommBar Superannuation Section. Carolyn also teaches as an advocacy instructor: previously in the Melbourne University, Advocacy course; an Advocacy Instructor with the Australian Advocacy Institute, the Australian Bar Association; and an Instructor with the Victorian Bar Readers Course. Carolyn regularly presents at seminars for a variety of professional bodies. She was formerly a sitting member of the Firearms Appeals Committee, an appeals tribunal constituted under the Firearms Act.

Who Should Attend?

This webinar is suitable for lawyers practising in succession law - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit - Professional skills

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

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: [email protected]

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