A Practical Guide to Critical Conveyancing Issues
Attend this jam packed full day conference and gain the latest information and essential strategies you need to avoid slipups and keep your practice on the right foot. Delve deeper into the most timely and significant considerations in conveyancing such as survey and title issues, cladding, default, rescission and repudiation, strata, tax, planning, the latest cases you need to know and more.
Description
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Diane Skapinker, Partner, Ashurst Australia; Best Lawyers 2019, Real Property Law; Recommended Property and Real Estate Lawyer, Doyle’s Guide 2020
9.00am to 9.45am: Critical Recent Conveyancing Cases in NSW You Need to Know
Analyse the latest conveyancing cases impacting your practice including 2020 decisions on pre-contract agreements, misleading conduct, recovery of the deposit, caveats and electronic conveyancing certifications, and more.
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation, and Land Acquisition 7th Edition, LexisNexis; Best Lawyers 2019, Real Property Law, Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2020
9.45am to 10.30am: Survey and Title Issues Affecting a Conveyance of Property
- Plans related to titles and the surveying challenges that can arise
- Understanding a plan of subdivision
- How to read a strata plan and building subdivision
- Easements, covenants and restrictions
- Fencing and boundary alignments and areas shown (or not shown) on plans
Presented by Ian McKnight, Consultant, Sarvaas Ciappara Lawyers
10.30am to 10.45am: Morning Tea
10.45am to 11.30am: Strata Law Developments Affecting Conveyancing
Presented by David Bannerman, Principal, Bannermans Lawyers; Best Lawyers 2019, Strata/Construction Law
11.30am to 12.15pm: Planning for Conveyancers, Heritage and VPAS
Gain essential knowledge and tips that conveyancers and property lawyers need to know on what to look out for when managing a conveyance that concerns planning, heritage issues and various environmental, planning and conservation agreements.
Presented by Steven Griffiths, Senior Associate, Bartier Perry
12.15pm to 1.00pm: Managing Cladding Risk in Your Conveyances
- Statutory reform and case studies you need to know
- Due diligence and sale contract negotiation
- Building owner obligations and risk mitigation, both pre-sale and post-completion
Presented by Leisha de Aboitiz, Partner, Massons; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020
1.00pm to 2.00pm: Lunch
Chair: Eddy Neumann, Principal, Eddy Neumann Lawyers
2.00pm to 2.30pm: The State of the Property Market and the Impact on Conveyancing
- The economy as it stands and the impact on the property market
- Economic trends, indicators and what they mean for property transactions going forward
- Analysis of the market, possible trends to come, and the potential impact on conveyancing
Presented by Ben Martin-Henry, Associate Director, Head of Capital Markets, Office & BTR, CBRE
2.30pm to 3.15pm: The Future of Conveyancing: Outlook and Theories
With COVID-19 it's electronic this, that and everything: What is working and not working now and what should the electronic future of conveyancing look like?
- Commonwealth Government requirements
- NSW Government requirements
- Industry submissions: some sense from the banking industry
- LRS requirements: some documents are easy, some are not
- Why is it so hard? Conspiracy theory and vested interests
- PEXA: There's a lot of money in it, so who owns it? What about competition? In whose interest?
Presented by Brendan Maier, Partner, Colin Biggers & Paisley; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2018
3.15am to 4.00pm: Tax and the Impact on the Conveyancing Processes
- The importance of vendor clearance certificates and purchaser declarations
- Common stamping traps in practice: contracts, transfers, options and foreign surcharge duty
- Related party transactions: deceased estates and family farm transfers: recent insights
- What to do when things go wrong: objections, reviews, refunds and reassessments
Presented by Andrew Rider, Barrister, Level 22 Chambers; Leading Tax Barrister, Doyle’s Guide 2019
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: What Happens When it all Goes Wrong? Default, Rescission and Repudiation
- Practical considerations when a breach occurs: assessing the consequences and planning a strategy
- Vendor and purchaser remedies
- Default and rescission notices: the procedures, the details and avoiding the many things that can go wrong
- When a notice defect is fatal and when and how it can be fixed
- Can a notice work even if it’s formally invalid?
- Strategies for when a purchaser is weighing up the use of a caveat as opposed to an urgent injunction to protect its interests, including its deposit
Presented by Sydney Jacobs, Barrister, 13 Wentworth Selborne Chambers
Presenters
Diane Skapinker
Diane Skapinker is a real estate partner at Ashurst specialising in property developments, strata and community titling, acquisitions, disposals, leasing and the property aspects of telecommunications and infrastructure projects. Diane was formerly an Associate Professor of Law at the University of Sydney lecturing in Real Property, Conveyancing and Equity and since 2009 has been a member of the NSW Law Society's Property Law Committee and a member of the subcommittee responsible for drafting the NSW standard form contract for the sale and purchase of land.
Gary Newton
Gary is a partner in the Property and Development Group of HWL Ebsworth Lawyers. He has been practising in the area of property law for over 35 years, providing advice on a wide range of matters to business, government and individuals. Gary holds a Bachelor of Laws degree from the University of Sydney and is an Accredited Specialist in Property Law, since 1994. He is the co-author of a book published in December 2017 called "Land Acquisition" 7th edition by Gary Newton and Christopher Conolly.
Ian McKnight
Ian is a Practice Group leader and widely regarded as a doyen of strata law in New South Wales. His standing has been earned over the course of a 41 year career bestriding property law and strata management. Unique amongst property lawyers, Ian is a genuine specialist. Strata and community title law is not a part time pursuit, it forms the core of his day-, to-day legal practice. He brings firsthand experience of the strata challenges to his advice from his time as a director of a corporate strata management firm. Ian is the author of the Strata Titles chapter of Lexis Nexis Butterworths New South Wales Court Forms and Precedents.
Steven Griffiths
Steven advises local government authorities, statutory authorities and private sector clients on a wide range of environmental, planning and local government law matters.
Steven regularly acts for council clients in development appeal and civil enforcement proceedings in the Land and Environment Court of NSW and for council clients and State bodies in land acquisition matters. Steven has also appeared for council clients in judicial review proceedings in the Supreme Court of NSW and in native title proceedings in the Federal Court of Australia. As well as being a lawyer, Steven is also an experienced town planner and prior to joining Bartier Perry, had a distinguished 12-year career as a town planner, consultant and manager in local government in NSW.
Leisha de Aboitiz
Leisha is a partner at Massons, a specialist commercial property law firm. Leisha practices across various aspects of commercial property law including large-scale acquisitions, disposals, developments and commercial leasing. She has a particular specialisation in strata law and complex titling, including strata renewal and collective sales, long-, term leasehold arrangements and developments, stratum subdivision and strata management and compliance. She is a director and Board Member of the Real Estate Institute of NSW and sits on the Strata Chapter Committee for REI NSW. Leisha is also a member of the Property Funds Association of Australia, and the Property Council of Australia.
Eddy Neumann
Eddy has worked at a number of firms, Graduate Article Clerk and then an Associate at Baker & McKenzie, Honorary Solicitor to the Aboriginal Embassy, Principal Solicitor of the South Coast Aboriginal Legal Service, sole practitioner in Batemans Bay, Associate at David Landa Stewart; founding Partner of Craddock Murray Neumann and now Director of Eddy Neumann Lawyers. He has had extensive experience in conveyancing and property law working for the small end of the town and the big end of town. He has also worked in associated niche areas establishing the first Aboriginal Housing Companies, acted on the acquisition of the Aboriginal “Block” in Redfern, Aboriginal Land Rights cases and continues to act in Native Title Applications on behalf of traditional owners.
Benjamin Martin-Henry
Ben has 10 years of experience in Australia and the UK across investment analysis, research, strategy, and product development applied within the property sector. He has expertise in property sector performance metrics, interpretation of macroeconomic and financial market data and product development. Benjamin is now Head of Capital Markets, Office & BTR within CBRE Research.
Brendan Maier
Brendan is a partner in the property team of Colin Biggers & Paisley. Brendan provides high quality legal advice on major commercial, industrial, residential, tourism and agricultural projects throughout Australia. He is a leading property lawyer who enjoys applying his industry knowledge and networks to drive commercial value for his clients. Brendan's clients include property developers, construction companies, hotel operators, investment funds, agricultural businesses, banks, utilities and charities. Both his legal peers and the industry generally have recognised Brendan as a property law expert and as a leader.
Andrew Rider
Andrew is a leading Australian tax barrister specialising in land tax, payroll tax and stamp duty litigation and dispute resolution. Andrew also advises on Australia-wide stamp duties, land tax and payroll tax. Prior to coming to the Bar, Andrew was a solicitor and Associate to Justice Michael Kirby. Andrew edits the leading stamp duty publication "Australian Stamp Duties Law" and authors the national stamp duty section of the leading online service "Practical Guidance - Property Law". Andrew is a Chartered Tax Adviser and examiner with The Tax Institute and member of The Tax Institute/Office of State Revenue Liaison Committee and Dispute Resolution Technical Committee.
Sydney Jacobs
Sydney is a barrister at 13th Wentworth Chambers. He is also an accredited Mediator and Arbitrator. Sydney read for his LL.M at Cambridge University, England. He has a general commercial equity practice including partnership disputes, property litigation (e.g. easements, leasing matters, contracts for the sale of land off the plan, relief against forfeiture of deposits) and building & construction disputes. He is the sole author of two major loose-leaf services, namely: Damages in a Commercial Context, and Injunctions: Law and Practice, both published by Thomson Reuters. He part authors the leading work, Commercial & International Arbitration, likewise published by Thomson Reuters.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia