Current issues in elder law


Elder Law issues are more topical than ever before. Leading elder law experts will demystify powers of attorney for elders, Guardianship and Granny Flats, as well as highlighting the need for planning for the end of life.

This seminar complies with the mandatory areas of Professional Skills and Substantive Law.

Course ID CN170219_WEP1
Type Face-to-face
Duration Half-day
  • NSW
Start Dates 21 February 2017
$324.00 (Member Price)

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Code CN170219_WEP1

Tuesday 21 February 2017
1.00pm to 4.15pm (AEDST)


The College of Law City
Level 16, 111 Elizabeth Street
Sydney CBD

Level Intermediate
CPD 3 CPD units

1.00pm - 2.00pm
Powers of attorney for elders

Speaker: Richard McCullagh, Solicitor, Retirement Village Lawyer and Lecturer College of Law LLM

This session will focus on:

  • assessing the principal’s capacity to appoint
  • breach of the attorney’s fiduciary duties
  • minimising risk in the terms of appointment
  • recognising breach
  • minimising loss consequent on breach
  • liability of the principal to third parties
  • liability of the attorney to the principal 

2.00pm - 3.00pm
Granny Flats

Speaker: Richard McCullagh, Solicitor, Retirement Village Lawyer and Lecturer College of Law LLM

This session will focus on:

  • what is a 'granny flat arrangement' for everyday purposes in contrast with Centrelink purposes
  • the challenges in aligning pension entitlements, security of tenure, retrieval of investment and testamentary wishes
  • issues in drafting granny flat agreements, and
  • giving advice when there is no sufficient formal agreement and relations break down.

3.00pm - 3.15pm  Afternoon tea 

3.15pm - 4.15pm
Topical Issues in Elder Law

Speaker: Darryl Browne, Principal, Browne Linkehbagh Legal Services

This session will cover:

  • Recent case law and developments
  • The ALRC enquiry into elder abuse
  • The NSWLRC’s inquiry into guardianship


Richard has practised in the law relating to retirement villages since 1985 for operators, big and small, in-house and externally and for residents, his current focus, moving into retirement villages and aged care facilities.
Richard is the author of ‘Retirement Village Law in NSW’ published by Thomson Reuters, 2013, which includes a chapter on residential aged care facilities.
Richard is a legal director of Patrick McHugh & Co Pty Ltd, solicitors and an adjunct lecturer in Elder Law at the College of Law, Sydney.


Darryl Browne is the principal of BROWNE Linkenbagh Legal Services. He is an Accredited Specialist in Wills and Estates.

He is the Chair of the Law Society’s Ethics Committee. He has been a member (2010- 2014, 2016), Chair (2014) and Deputy Chair (2016) of the Elder Law and Succession Committee. He is a Councillor of the Law Society, a member of the Specialist Accreditation Board and the Society’s Future Committee and the Nominations Committee, the Working Group on Future Prospects for Young Graduates and the Working Group on Elder Abuse. He is a member of the Law Council of Australia’s Elder Law and Succession Committee and its Working Group on Elder Abuse. He is a member of the Legal Aid Commission Board and the University of Sydney’s Law Extension Committee.

Darryl writes bi-monthly Case Notes on wills and estates for LSJ and occasional other articles for that and other journals. He facilitates the Law Society’s online Wills and Probate Procedures for Solicitors. He designed and presents the Masterclass on Powers of Attorney. He is a member of STEP and SMSF Association.

The opinions expressed in these papers are his own. Feedback on the papers is most welcome: darryl@browne-link.com.au

Non-member $360.00
Member $324.00
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