Proctor : July 2019
41 PROCTOR | July 2019 Christine Smyth is a former President of Queensland Law Society, a QLS Accredited Specialist (succession law) – Qld, and Consultant at Robbins Watson Solicitors. She is an Executive Committee member of the Law Council Australia – Legal Practice Section, Court Appointed Estate Account Assessor, member of the QLS Specialist Accreditation Board, Proctor Editorial Committee, QLS Succession Law Committee and STEP, and an Associate Member of the Tax Institute. Notes 1 Second edition. 2 There is no statutory definition of ‘friend’ of which I am aware, although there is a definition of friendly society in the Acts Interpretation Act (Qld). 3 See social networking services such as Facebook, MySpace, WhatsApp and so on. There are currently at least 60 different social networking sites that rely on the concept of friending to build networks see: makeawebsitehub.com/social-media-sites. 4 theatlantic.com/family/archive/2017/11/paying-for- fake-friends-and-family/545060. 5 aihw.gov.au/getmedia/d18a1d2b-692c-42bf-81e2- 47cd54c51e8d/aihw-australias-welfare-2017- chapter5-1.pdf.aspx. 6 aihw.gov.au/reports/older-people/older-australia-at-a - glance/contents/social-and-economic-engagement/ employment-and-economic-participation. 7 ABS Media Release of 4.9.2008 – one in four Australians willbe65orolderby2056–upfromonein10in2007. 8 goldcoastbulletin.com.au/subscribe/ news/1/?sourceCode=GCWEB_ WRE170_a&dest=https://www.goldcoastbulletin.com. au/lifestyle/a-gold-coast-woman-is-starting-a -business- charging-people-to-be-her-friend/news-story/a82b9347 af1c5a94991c24f99614e358&memtype=anonymous&m ode=premium&is_silent_authentication=true&error=login_ required 9 rentafriend.com. 10 mccrindle.com.au/insights/blog/australias- generations-wealth-income. 11 Except in Tasmania, where registration of an EPOA is required for validity Powers of Attorney Act 2000 (Tas.), s16; and see s7 Powers of Attorney Act (NT), s25 Powers of Attorney Act (Qld) et al – under which powers of attorney may be registered, and are required to be registered before dealing with land. 12 Having the Last Word: Will making and contestation in Australia, Key Findings, ARC Linkage Project, March 2015; Cheryl Tilse, Jill Wilson, Ben White, Linda Rosenman and Rachel Feeney. 13 Explanatory notes, GOLA. 14 Sched 3, s3 – dictionary: paid carer, for a principal, means someone who— (a) performs services for the principal’s care; and (b) receives remuneration from any source for the services, other than— (i) a carer payment or other benefit received from the Commonwealth or a State for providing home care for the principal; or (ii) remuneration attributable to the principle that damages may be awarded by a court for voluntary services performed for the principal’s care. Note— This principle was established in Griffiths v Kerkemeyer (1977) 139 CLR 161—see Queensland Law Reform Commission Report No. 45, ‘The assessment of damages in personal injury and wrongful death litigation, Griffiths v Kerkemeyer, Section 15C Common Law Practice Act 1867, October 1993. 15 ss29, 59, 63 of the Powers of Attorney Act 1999, as amended by the GOLA. 16 Not commenced at the time of writing (20 May, 2019). 17 Explanatory notes, GOLA. 18 (1977) 139 CLR 161. WHAT’S NEW IN SUCCESSION LAW Master your career. Postgraduate Applied Law Programs with practical learning you can immediately apply to your work. Intake 3 commences 19 August 2019 Enrol at collaw.edu.au/ALP or call 1300 506 402 Choose from 11 areas of law specialisation streams to the doctor when they are unwell? These are all services that fit within the definition of ‘paid carer’. Accordingly, there is scope within ‘friendship services’, for the objects of the legislation to be circumvented by individuals claiming to be a ‘paid friend’ not a ‘paid carer’ in an attempt to avoid application of the legislation. In seeking to protect the vulnerable, our legal crystal balls can only forecast so much, because the commercial world tends to move at a far greater pace than legal developments. For the moment, at best, we can be aware of this issue and raise it with the client, should it be at all relevant to their instructions at the time of making the enduring attorney. Sometimes friends in need can be targeted by ‘friends’ in finance, indeed.