Recorded Webinar: Succession Law CPD Compulsories
Date/Time
About the Webinar
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for succession lawyers for the CPD year ending 31 March 2025.
Session 1: Professional Skills
Nothing Ever Goes to Plan: The Reality of Judicial Advice Applications
It is an inevitable fact of life that people change, life gets more complicated and relationships sour. It is no wonder that even the best laid estate plans can go awry. While judicial advice applications are often a prudent option to take, knowing how to get the most out of them is another matter. To assist practitioners sharpen their skills in this area, this session shall look at:
- When do you need to apply to court for judicial advice, including examples of factual circumstances in which it would be prudent to seek judicial advice
- Practical steps lawyers should take to identify potential problems when taking instructions and drafting a will
- What to do when you do come across a problem, such as a property owned by a trust
- How to apply for judicial advice (and what alternatives may be available) and cost implications of applying, or failing to apply
- Issues which arose in recent cases including Wheatley v Lakshmanan [2022] NSWSC 583, Yuen & Anor v Louey [2023][ VSC 423, Alexopoulos v Krasovec [2022] VSC 749, Mantovani v Vanta Pty Ltd & Ors (No.3)
Session 2: Practice Management & Business Skills
Navigating the Storm: Handling Difficult Clients (and Non-clients) in Your Practice
Dealing with difficult third parties who have an interest in your client’s affairs can be a common yet challenging task for succession lawyers. This practical session provides the strategies for identifying your obligations to clients and non-clients, effective ways to manage harassment, and guidance for addressing concerns from disappointed beneficiaries in order to safeguard your practice. It covers:
- Identifying client v non-client in the context of succession planning
- Managing expectations and communications with all parties involved
- Strategies for monitoring and managing negative reviews and social media harassment from disgruntled third parties
- Legal recourses and professional conduct in the face of online attacks
- Crafting appropriate and effective responses to online harassment
- Techniques for managing confrontations and complaints from disgruntled third parties
Session 3: Ethics
Learning from the Mistakes of Others: A Lesson in Ethics for Busy Practitioners
When work gets busy, it is all too easy to fall into the routine of everyday life. It is often not until we hear of the publicised mistakes of others that we get the big wake-up call and take the time to reflect on our practices to consider whether we have developed any bad, risky or unethical habits. To help succession lawyers avoid repeating mistakes made by others, this session shall:
- Examine the facts and identify the takeaway lessons for practitioners from recent cases in which a practitioner was found guilty of professional misconduct or unsatisfactory professional conduct
- Spotlight on ethical and professional risks in not clearly following client or court’s instructions
- Scope and limitations on the practitioner duty of care
- Explore cases including LSC v Cass [2023] QCAT 320 (the ethical issues which can arise when taking instructions from joint clients) and Council of the Law Society of NSW v Ip [2023] NSWCATOD 157 (dealing with mistakes in a legal document and as to execution and witnessing of document).
Presented By
Paige Edwards
Special Counsel, McCullough Robertson Lawyers Brisbane, QLDInes Kallweit
Principal, KHQ Lawyers Melbourne, VICCarolyn Sparke KC
Barrister, Victorian Bar Melbourne, VicWho Should Attend?
This webinar is suitable for lawyers practising in succession law - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2025.
CPD Information
Lawyers can claim 3 CPD units – 1 unit each for Professional skills, Practice Management & Business Skills, and Ethics.
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.
While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.
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]