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Elder Law

National Elder Law and Succession Law

Committee
In recognition of Australia's ageing population and the related growth in demand for
elder law legal advice and services, the Law Council has a National Elder Law and
Succession Law Committee to respond to issues of national significance in this growing
area of the law.
The objective of the National Elder Law and Succession Law Committee is to represent
the views of the legal profession at the national level on matters related to elder law
and succession law. It will achieve this objective by monitoring government initiatives
relating to elder law and succession law, proactively initiating or advocating for policy
initiatives relating to elder law and succession law, and by conducting community
education on legal issues related to the elderly.
The National Elder Law and Succession Law Committee consists of members taken
from the constituent bodies of the Law Council of Australia, including one CoChairperson from the Law Society of NSW and one Co-Chairperson from the Law
Institute of Victoria. The current membership of the Committee consists of:
Pam Suttor (Co-Chair) - Law Society of NSW
Carole Ainio (Co-Chair) - Law Institute of Victoria
Kathy Wilson - Law Institute of Victoria
Peter Hanks QC - the Victorian Bar
Judy Morris - ACT Law Society
Brian Herd - Queensland Law Society
Peter Myhill - Law Society of South Australia
Anita Smith - Law Society of Tasmania
Elizabeth Heenan - Law Society of Western Australia
Susan Fielding - Law Society of Western Australia
John Hockley - Western Australian Bar Association
Anthony Young - Law Society of the Northern Territory

Issues
The Committee has identified a range of issues which it will pursue at first instance,
including:

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Sections
Membership
Business Law
Family Law
Federal Litigation and
Dispute Resolution
International Law
Legal Practice

uniformity of enduring powers of attorney;

a solution to the trend of excluding legal practitioners from aged care proceedings; and
a clearer approach to the increasing numbers of informal substitute decision makers.

Other issues that the Group will consider at a later date include:
Succession law reform, including harmonised legislation relating to the acceptance of
informal wills and intestacy.
Matters relating to administration of estates, including an expected SCAG consultation in
late 2009.
Mutual recognition and harmonisation of specialisation and accreditation in elder law.
Issues related to elder abuse, including capacity issues, undue influence, entering into
guarantees and reverse mortgages in the interests of others, and misuses of influence by
carers.
Issues relating to guardianship laws.
Certain specific issues in relation to superannuation, such as the relationship between
superannuation and power of attorney.
Probate practice, including new practice notes and 'do it yourself' probate reforms.
Recognition of alternative forms of wills, including Koranic and customary law wills.
A national births, deaths and marriages register.
Issues arising from aged care and retirement villages.
National regulation of trustee corporations.
Costs and access to justice issues that relate specifically to the elderly.
Family agreements, including in relation to 'granny flats' and Centrelink.
Age discrimination and human rights issues affecting the elderly.
Issues relating to advanced directives.

Contact
For further information on the work of the Committee, contact:
Nick Parmeter
Email: nick.parmeter@lawcouncil.asn.au
Tel: (02) 6100 3750

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