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NEWS

Upcoming

STEP QLD

The Committee has been very busy and I have enjoyed many good presentations.  Most recently, at the Lunchtime Seminar, we heard from Natalie Siegel-Brown, the Public Guardian here in Queensland.  

I am pleased to advise that Ms Siegel-Brown has accepted an invitation to join in our Members only Roundtable discussion on 1 August 2019.  I will be facilitating a discussion on Enduring Powers of Attorney and the lack of formal oversight of attorneys - until a complaint has been made.

The roundtable is a sell-out!  It's great to see our Qld STEP members are keen to participate in these events.

29-09-2019 to 02-10-2019

Family Law, Child Protection and Criminal Law Conference

I am delighted to have been asked to present at this conference being held in Hawaii later this year.  I will be speaking about the issue of capacity of clients.  In particular, I will focus on what "capacity" means in particular situations and what steps a lawyer can take if they are concerned about their client's capacity.

Cross Border Estates

In 2017, I undertook an Advanced Certificate in Cross Border Estates run through STEP. The course focused on the difficulties encountered in estates where assets may be located in different jurisdictions.  Those difficulties include issues in determining which jurisdiction's law applies to the succession of individual assets (including the differences in Civil Law countries and Sharia Law countries) and the tax regime that might apply.  I am pleased to announce that I obtained a distinction in the course.

News

Calvin v McTier [2017] FamCAFC 125

This decision by the Full Court of the Family Court confirms that the treatment of property acquired post-separation is discretionary. This issue of property acquired after separation is one I find often arises in Family Law property disputes.  This case is worth a read:

 

Re Nichol; Nichol v Nichol

[2017] QSC 220

Another interesting Will case - in this instance, the Court found an unsent text message was a Will.

 

 

 

 

Radford v White [2018] QSC 306

Continuing on the theme of interesting methods of creating a Will - in this case, it was declared that a video recording formed a Will. 

 

Baker v Baker [2019] QDC 92

In this case, the Judge gave some sage advice about the way evidence is required to be provided in applications for provision from estates and made some comments about my soapbox issue - costs.

 

 

 

 

 

Changes to the Guardianship and Administration Act 2000 (Qld), the Powers of Attorney Act 1998 (Qld) and the Public Guardian Act 2014 (Qld)

On 26 March 2019, the Guardianship and Administration and Other Legislation Amendment Bill 2018 was passed.  A number of the provisions have not yet been proclaimed.  It will provide further powers to both the Public Guardian (Qld) - by allowing any investigation started by them to continue even after an adult has died - and to QCAT - in a number of areas but in particular, in allowing the Tribunal to appoint an Administrator for a missing person and also allowing the Tribunal to order an administrator to pay compensation for loss.  There are many more changes and you can read the Bill here: