The SMSF Association is delivering this virtual event
in conjunction with STEP Australia, exploring the legal, strategic, and compliance complexities of trustee incapacity - through the lens of SMSF and estate planning experts.
Who holds control when a trustee loses capacity, and how do professionals ensure the right structures are in place before it’s too late?
Join the SMSF Association and STEP Australia for a joint event tackling the complex intersection of incapacity, trustee duties, legal authority, and succession planning. Featuring specialist insights from both associations, this series of webinars and a panel debate will examine the legal mechanics of enduring powers of attorney, SMSF compliance risks, and practical planning strategies. Designed for advisers, accountants, and estate lawyers alike, this event will equip you to better protect clients, preserve control, and prevent disputes.
What will I get from attending?
UNLOCK CPD
Up to 3.5 CPD hours available
STAY IN CONTROL
Hear directly from the experts
ACCESS ON-DEMAND
Flexible learning, with online access for over a month post event date
Live session held Wednesday 4 June 2025
On-demand sessions available until 31 July 2025
All Crossroads of Control 2025 registration fees are in Australian Dollars and inclusive of GST.
View full Terms and Conditions for Crossroads of Control 2025 here.
Meet Your Speakers
Daniel Butler
Director
DBA Lawyers
Daniel Butler
Dan is recognised as one of Australia’s leading SMSF lawyers complemented by his taxation and commercial expertise. He has worked predominantly in the fields of tax and superannuation over the past 40 years and is also a qualified Chartered Tax Adviser.
Dan presents on the subject of Taxation of Superannuation at the University of Melbourne’s Master of Laws/Tax program. Dan is also a regular seminar presenter on tax and SMSF topics and has published extensively in these areas.
Dan is also a member of The Tax Institute’s National Superannuation Committee, the Law Institute of Victoria’s Tax Committee and is involved with a number of other tax and SMSF committees. Dan is also a Specialist SMSF Advisor™.
Leah Sewell
Barrister
Chalfront Chambers
Leah Sewell
Leah was called to the Bar in May 2024.
Leah was admitted to the Supreme Court of the Australian Capital Territory in 2002 and commenced her career as a solicitor in the ACT, where she appeared regularly before the Supreme Court and Magistrates Court, as well as the Federal Court of Australia.
As a solicitor, Leah was an accredited specialist in Wills and Estates from 2019 to 2024 and was recognised in Doyle’s Guide Leading Wills & Estates Litigation Lawyers from 2020 to 2023 inclusive.
Before being called to the Bar, Leah operated her own legal practice for 12 years. During this period, Leah worked mainly in estate litigation, estate planning, elder law and residential property, often appearing as a solicitor before the Supreme Court of NSW in the Succession List and NSW Civil and Administrative Tribunal Guardianship division.
Prior to commencing her practice, Leah worked in mid-tier commercial firms in Sydney and Canberra across a broad range of commercial matters including insolvency, commercial disputes, unconscionable conduct, general equity and administrative law.
Leah is a regular presenter at Legalwise Seminars and UNSW Edge in the area of wills and estates. She has presented for Central West Law Society, and local community groups in Sydney and regional areas.
Leah holds a Bachelor of Laws from Macquarie University and Masters in Law from University of Sydney. She is Trusts & Estates Practitioner of STEP and is currently a member of the international committee for the Mental Capacity Special Interest Group.
Leah has been recognised in Doyles Guide as a Leading Junior Counsel in Wills and Estates Litigation, including most recently in 2024.
Peter Bobbin
Consultant Lawyer
Bobbin Lawyers
Peter Bobbin
Peter Bobbin is a leading legal veteran in superannuation, trusts, taxation and estate planning. In his 40 year-plus advising career he has not only seen and advised on all issues in superannuation, he was there when modern superannuation was born and also at every change; he is that old!
A big believer in giving back to the community, Peter is an often requested speaker for many professional associations.
In 2015, Peter was honoured by the Tax Institute as the Tax Advisor of the Year (SME) and is a past Australian Chair of the Society of Trust and Estate Practitioners. As a former university lecturer and accountant, Peter claims that he can speak both accountant’ease and legal’ease.
Outside of work, Peter is an enthusiastic cyclist with three great loves; good food, good wine and one other.
Scott Hay-Bartlem
Partner
Cooper Grace Ward Lawyers
Scott Hay-Bartlem
Scott is a partner in Brisbane law firm Cooper Grace Ward and the Chair of the SMSF Association.
He and his team specialise in assisting clients and their other advisers including accountants and financial planners with tax and superannuation (particularly SMSFs) advice; estate planning, administration and disputes; family businesses, business structuring; business succession arrangements; asset protection and restructuring. Scott has a particular interest in how these areas intersect with self-managed superannuation funds and the impact of and on these structures.
He is the Chair of the SMSF Association, having joined its board in July 2019. Scott is a SMSF Specialist Advisor™ with the SMSF Association, a Chartered Tax Adviser, a member of the Society of Trust and Estate practitioners. Scott chairs the Cooper Grace Ward Diversity and Inclusion Group and its ARCUS sub-group, and is the leader of the firm’s Private Client Commercial group.
Scott been selected by his peers for inclusion in the 16th Edition of Best Lawyers in Australia in the practice areas of: Superannuation Law, Trusts and Estates, Wealth Management / Succession Planning Practice and Commercial Law. He was named the 2016 Brisbane Wealth Management/Succession Planning practice ‘Lawyer of the Year’ and the Superannuation ‘Lawyer of the Year’ for 2019, 2022 and 2024.
Scott has been listed in Doyle’s Guide for Queensland Estate Planning lawyers as a pre-eminent practitioner.
He has a Bachelor of Laws (Hons) and a Bachelor of Business (Accy) from the Queensland University of Technology. Scott also has also completed the Certificate of Superannuation Management and the Diploma of Superannuation Management run through ASFA and Macquarie University, and the Foundation Diploma of Financial Planning.
William Johns
Managing Director
Health & Finance Integrated
William Johns
William is a multi-awarded Certified Financial Planner (CFP®) and a
Registered Trust & Estates Practitioner (TEP®) (STEP Worldwide). His
area of practice focuses on matters related to people who are less abled
due to illness or injury and their families.
William has provided expert opinions in several jurisdictions, and
provided evidence on matters relating to future needs, NDIS, investment
appropriateness, housing, Centrelink and Aged Care.
His career as a social entrepreneur and strong human rights advocate is
underpinned with a Master’s degree in Disability Studies from Flinders
University and a Bachelor’s degree in Business (Applied Finance) from
Western Sydney University.
He is founder and CEO of two companies: Health & Finance Integrated
and ClaimRight.
All Crossroads of Control 2025 registration fees are in Australian Dollars and inclusive of GST.
View full Terms and Conditions for Crossroads of Control 2025 here.
Program
Wednesday 4 June 2025
On-demand sessions will be available until 31 July 2025
Please note, program time is reflected in AEST
9:00am
VIRTUAL PLATFORM OPEN
9:30am - 9:35am
OPENING ADDRESS
Peter Burgess, CEO, SMSF Association
9:35am -10:35am
SESSION 1
Trustee Incapacity in SMSFs: Legal Traps, Compliance Risks and Practical Solutions
Daniel Butler, Director, DBA Lawyers
With the SMSF sector now holding over $1 trillion in retirement savings, safeguarding fund control and succession to an SMSF has never been more critical. Yet trustee/member incapacity remains one of the greatest risks to the integrity of an SMSF – and often catches even experienced professionals by surprise. When control breaks down, money may end up in the wrong hands, compliance breaches, disputes, and fund wind-ups can quickly follow.
In this session, Dan Butler, one of Australia’s leading SMSF lawyers with over 40 years of experience, will explore the legal, compliance and governance challenges that arise when a trustee or director loses capacity. Covering both individual and corporate trustee structures, Dan will examine how enduring powers of attorney (EPOAs) interact with SMSF deeds, company constitutions, and SIS Act requirements – and what happens when critical documents fail.
Through real case studies and practical insights, this session will highlight key traps, emerging risks, and practical solutions and planning strategies to help protect fund integrity and deliver better outcomes to minimise risks.
10:40am - 11:40am
SESSION 2
Planning for incapacity risk: Critical legal issues for trustees and controllers
Leah Sewell, Barrister, Chalfront Chambers
When a trustee, appointor or guardian loses capacity, the stability of a trust can quickly unravel. Without the right planning, disputes, governance failures and costly litigation often follow. Professionals advising on trusts must be across the complex legal and practical risks that arise when capacity is lost.
In this essential session, Leah, a highly experienced barrister specialising in trusts and succession law, will unpack the critical legal tests for incapacity, the role of courts and tribunals, and the challenges of managing incapacity across different Australian jurisdictions.
Through real-world examples, Leah will highlight the limits of enduring powers of attorney in trust contexts, and why succession planning for controllers of trusts demands careful, deed-specific advice.
Through practical tips and lessons learned, this session will equip professionals with the insights needed to plan effectively, mitigate risks, and preserve the integrity of trust structures when control is at stake.
11:45am - 1:15pm
SESSION 3 - DEBATE
Control or Chaos? Navigating Capacity, Conflict and Compliance in Trusts (including SMSFs)
Moderator: Scott Hay-Bartlem, Partner, Cooper Grace Ward
STEP Member: William Johns, Managing Director, Health & Finance Integrated
SMSF Association Member: Peter Bobbin, Consultant Lawyer, Bobbin Lawyers
When capacity falters, who really holds control – and how do we prevent conflict from turning into chaos?
This dynamic, cross-disciplinary debate will unpack the real-world legal, ethical and practical challenges that arise when trustees, power of attorneys, and professionals face capacity issues in trusts, including SMSFs.
Through real case studies and expert discussion, our panel will explore how capacity is assessed, what happens when decision-makers lose it, and the risks that arise when legal authority becomes a tool for abuse – or confusion.
Expect a candid discussion on handling incapable clients, balancing legal authority with practical reality, and protecting client interests without overstepping. This is a must-attend session for anyone serious about delivering best practice in an increasingly complex environment.
If you work with SMSFs, trusts or vulnerable clients, this is a session you can’t afford to miss.
1:15pm - 1:20pm
CLOSING ADDRESS
Julie Van der Velde, Chair of STEP Australia
All Crossroads of Control 2025 registration fees are in Australian Dollars and inclusive of GST.
View full Terms and Conditions for Crossroads of Control 2025 here.