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 Recorded Webinar: Abuse of Enduring Power of Attorneys and Unconscionable Conduct

3rd March 2021
Duration:  65 minutes


In theory an EPA can provide an important protection for those who have lost decision-making ability. However, in practice, the handing over of such power can result in decisions and actions which ultimately impact on the estate of the appointor following death. In a similar vein, even where there is no EPA, what can be done about pre-death actions taken by close family members under apparent or perceived authority? This session explores what the courts can do in relation to such actions impacting the estate, including:

  • Duty and powers of the EPA - at law and the importance of the appointing document
  • Exercising powers in accordance with intentions: McFee v Reilly [2018] NSWCA 322; Smith v Smith [2017] NSWSC 408
  • What is the effect of the appointor’s death on the attorney? Dawson v Dawson [2019] NSWCA 826
  • Recent cases on pre-death “gifts”: Olsen v Mentink [2019] NSWCA 1299; Meiners v Gunn [2020] WASC 18; Mekhail v Hana [2019] NSWCA 97
  • Who can challenge the wrongdoings and what are the available remedies?
  • Statutory
  • Common law
  • Criminal
  • Law reform and EPAs - developments
  • Drafting EPAs to prevent elder abuse risk and other strategies for protection of vulnerable clients
Recorded Webinars,Wills and Succession Law,Recorded Webinar:  Abuse of Enduring Power of Attorneys and Unconscionable Conduct Carolyn Sparke, Queens Counsel, Victorian Bar, Melbourne

Carolyn Sparke QC graduated from Melbourne University in 1987 with a Bachelor of Laws and a Bachelor of Science. She was admitted to Practice (completing her articles at Minter Ellison) in 1989, and joined the Bar in 1991. She took Silk in 2012. 

Carolyn has been a barrister for over 26 years, commencing at the Bar with a broad commercial practice in property law, building cases (when a science degree comes in handy), insolvency and insurance, but for most of that time specialising in equity, trusts and deceased estate cases of all types. She also works in the Administration and guardianship jurisdiction, including looking at the roles and powers of Attorneys under power.

Carolyn is the Victorian Bar's representative on the VCAT Guardianship List users committee.  In addition, Carolyn is a Member of the Society for Trust and Estate Practitioners, with an Advanced Certificate in Trust Disputes. She has completed a qualification in International Arbitration with the Chartered Institute of Arbitrators. She is an Accredited Mediator.


This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Lawyers can claim 1 CPD unit/point – substantive law

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]

© Television Education Network Pty Ltd 2021

Product Code: WBCMAR21
 Price:  $264.00 (Inclusive of GST)
© 2021 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.