2018 Trusts Symposium David Wright TEP, Senior lecturer in law, University of Adelaide hair The Hon. Tom Gray Q, retired Justice of the Supreme ourt of …

The South Australian Branch of STEP and The Law Society of South Australia are proud to present our 8th Annual Trusts Symposium

To register online visit http://www.lawsocietysa.asn.au/events or complete and return the registration form. For further information please contact: The Law Society of South Australia Education Section Phone: 08 8229 0200 or Email: [email protected]

2018 TRUSTS SYMPOSIUM

Friday 9 March 2018 Hilton Adelaide, Victoria Square, Adelaide

6 CPD Units For advanced level participants

Registration from 8.00am Symposium 8.30am - 5.00pm

Followed by networking drinks

STEP South Australia Platinum Sponsor

Major Sponsor of The Law Society of South Australia

Platinum Sponsor of The Law Society of South Australia

08.00 Registration

The Hon. Tom Gray QC, retired Justice of the Supreme Court of South Australia

Presenter David Wright TEP, Senior lecturer in law, University of Adelaide

Chair The Hon. Tom Gray QC, retired Justice of the Supreme Court of South Australia

Presenter David Marks QC TEP, Inns of Court, Brisbane Chair The Hon. Tom Gray QC, retired Justice of the Supreme Court of South Australia

Presenter Dr Campbell Rankine TEP, Campbell Rankine, Adelaide Chair Richard Ross-Smith TEP, Joint Vice Chair STEP South Australia

Presenter The Hon. Justice Malcolm Blue, Supreme Court of South Australia Chair Richard Ross-Smith TEP, Joint Vice Chair STEP South Australia

Patricia Wass TEP, STEP Worldwide Chair

Moderator The Hon. Tom Gray QC, retired Justice of the Supreme Court of South Australia Panellists The Hon. David Bleby QC, retired Justice of the Supreme Court of South Australia Sashi Maharaj QC, Owen Dixon Chambers West, Melbourne and Murray Chambers, Adelaide Milton Shaw TEP, Shaw Business Services Pty Ltd, Adelaide

Presenter Professor John Glover, Owen Dixon Chambers East, Melbourne Chair Dr Campbell Rankine TEP, Campbell Rankine

Presenter Carolyn Sparke QC TEP, Owen Dixon Chambers West, Melbourne Chair Rod Luker TEP, Chair STEP South Australia

SYMPOSIUM PROGRAMME

The South Australian Branch of STEP and the Law Society of South Australia proudly presents the

2018 Trusts Symposium Friday 9 March 2018

08.30 Welcome and opening

12.40 STEP Worldwide address

13.40 Panel Discussion: Are trusts ill-suited for commercial enterprises?

09.30 Break

09.35 Partnerships of discretionary trusts

10.25 Morning tea

10.55 Sub trusts - what are they?

11.45 Break

12.50 Lunch

16.05 Further update and analysis of recent Australian family provisions and estate cases

14.40 Break

14.45 The Honourable Christopher Legoe QC AO Lecture: Express trusts, inexplicit contracts and the mutual intention problem

08.40 Trusts without property

15.35 Afternoon tea

16.55 Close

1700 Networking drinks

11.50 The late David Haines QC Memorial Lecture: Derivative actions in trusts

SPEAKER BIOGRAPHIES

The South Australian Branch of STEP and the Law Society of South Australia proudly presents the

2018 Trusts Symposium Friday 9 March 2018

THE HON. DAVID BLEBY QC, retired Justice of the Supreme Court of South Australia David Bleby QC graduated as a Bachelor of Laws from the University of Adelaide at the end of 1962 and was admitted as a legal practitioner in March 1964. He became a partner in the firm of Baker McEwin & Co (now Minter Ellison) and retired from that firm at the end of 1981 to practise solely as a barrister. He was a founding member of Jeffcott Chambers. He was appointed Queens Counsel in 1982. His practice at the Bar was principally in industrial, commercial and administrative law. He held various positions in the Law Society of SA, the Supreme Court Board of Examiners and was Chair of the Teachers Registration Board. In March 1997 he was appointed a Judge of the Supreme Court of SA from which he retired in August 2012. He was also a Judge of the Land and Valuation Division of the Court and for most of his judicial career was involved in the management and hearing of long and complex civil cases. He is an Adjunct Professor of Law at the University of Adelaide and a foundation member of the Advisory Board of the South Australian Law Reform Institute. ________________________________________________________________________

THE HON. JUSTICE MALCOLM BLUE, Supreme Court of South Australia Malcolm Blue QC was a barrister at Bar Chambers. Previously he was a partner at Fisher Jeffries. Malcolm was admitted in 1977, he signed the Bar Roll in 1996 and took silk in 2001. He was head of Bar Chambers and practised primarily in civil and commercial litigation. He was appointed to the Supreme Court of South Australia in August 2011. In his spare time, he enjoys working at his vineyard. ________________________________________________________________________

PROFESSOR JOHN GLOVER, Owen Dixon Chambers East, Melbourne Professor Glover teaches and researches in equity, trusts and taxation law at the Graduate School of School of Business & Law, RMIT University. Professor Glover practises as a barrister in the fields of trusts and taxation and has appeared in state Supreme Courts and the Federal Court of Australia. Since 1998 he has been a sessional member of Victorian Civil and Administrative Tribunal (Review and Regulation—Taxation List). Professor Glover is the sole author of Equity, Restitution & Fraud (LexisNexis, Sydney, 2004), Commercial Equity: Fiduciary Relationships (Butterworths, Sydney, 1995) and Fraud, Insolvency and Civil Wrongs: Property Rights in Common Law Legal Systems (Dosije, Belgrade, 2011) (in Serbian translation), as well as over 60 book chapters and articles in refereed law journals. He is a co-author of Ford & Lee: The Law of Trusts 5th edn (2015) (looseleaf and online). In the 2016-2017 year, Professor Glover was employed full time for the Australian Taxation Office on the project:

Current issues with trusts and the tax system: examining the operation and performance of the tax system in relation to trusts with a particular focus on discretionary trusts linked to high net worth individuals.

________________________________________________________________________

THE HON. TOM GRAY QC, retired Justice of the Supreme Court of South Australia Tom Gray QC was admitted to the Supreme Court and the High Court in 1969. He worked in general legal practice for more than 10 years before joining Bar Chambers in 1981, where he practised in the areas of common law, commercial law and equity. He was appointed Queen’s counsel in 1984. In 2000 he was appointed the 67th South Australian Supreme Court Judge. He has made a marked contribution to legal education and training, and has published articles in legal books and journals. He maintains a keen interest in legal and social issues. He retired from the Supreme Court in February 2016 and now holds positions at Adelaide University and Flinders University. ________________________________________________________________________

SASHI MAHARAJ QC, Owen Dixon Chambers West, Melbourne and Murray Chambers, Adelaide Sashi is a barrister practising from Owen Dixon Chambers West in Melbourne and Murray Chambers in Adelaide. She took silk in 2006. Main areas of her practice are: administrative law, civil and commercial litigation, taxation, trade practices, constitutional law, trusts, contracts, migration, personal and corporate insolvency, compensation, and general government advising and law enforcement work for the Commonwealth. She holds a national retainer for significant law enforcement counsel work for the Commonwealth. Her practice involves work nationally in the Federal Court, High Court and Supreme Courts. ________________________________________________________________________

DAVID MARKS QC TEP, Inns of Court, Brisbane David W Marks QC is an Australian commercial barrister, specialising in tax. He has a traditional Chancery practice in tax advice, tax appeals, trusts, equity, property and estates. He appears and advises in corporate, commercial, professional negligence and administrative law matters. David is active in his professional associations, quietly doing committee work, usually of a tax-technical nature. ________________________________________________________________________

DR CAMPBELL RANKINE TEP, Campbell Rankine, Adelaide Dr Campbell Rankine TEP is an Adelaide based sole practitioner lawyer practising in taxation and commercial law. He has practised law for the past 36 years, specialising in revenue law, with an emphasis on taxation of cross-border transactions, stamp duty, superannuation and ETP advices, often advising other law firms and accountants. Prior to his admission he practised for 14 years as a Chartered Accountant. Campbell holds a Bachelor of Accounting and a Bachelor of Laws (Hons). His post graduate qualifications include a Master of Laws (Commercial) and a Masters of Taxation. In 2009 he was awarded a PhD by the University of New South Wales. His doctoral dissertation examined and undertook a critical analysis of the treatment under Australian revenue law of the taxation of trusts and their beneficiaries. He is immediate past-Chair of the South Australian branch of STEP and past-chair of the Specialist Discussion Group (SA) of The Tax Institute. Campbell delivers professional development sessions addressing technical taxation and stamp duty to senior tax practitioners across Australia. ________________________________________________________________________

MILTON SHAW TEP, Shaw Business Services Pty Ltd, Adelaide Milton Shaw has practised as a Certified Practising Accountant since July 1980. He specialises in small business structures and development of family enterprises and planning of wealth devolution within them. ________________________________________________________________________

CAROLYN SPARKE QC TEP, Owen Dixon Chambers West, Melbourne Carolyn Sparke QC was admitted to practice in 1989, and joined the Bar in 1991. She took silk in 2012. She has a broad commercial practice in property law, building cases, insolvency and insurance, but specialises in equity, trusts and deceased estate cases of all types. She also teaches as an advocacy instructor: initially in the Melbourne University, Advocacy course (until 2012); and subsequently with the Australian Advocacy Institute, the Australian Bar Association and the Victorian Bar Readers Course. ________________________________________________________________________

DAVID WRIGHT TEP, Senior Lecturer, University of Adelaide Law School David Wright is a senior lecturer n law at the University of Adelaide. Additionally, David is a practicing barrister. He has written numerous articles, contributed over a dozen chapters in various books and has written six books. David is a member of the Law Council of Australia and is on the Business Law Committee. David is a founding member of STEP South Australia and holds the qualification of TEP. Finally, David is the title editor of two volumes of Equity in the Laws of Australia, as well as co-editor of the Australian Succession and Trust Law Reports. ________________________________________________________________________

2018 Trusts Symposium - Friday 9 March 2018 Venue: Hilton Adelaide, Victoria Square, Adelaide

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