Property Law Conference

213V02: Whatever property problem this coming year brings, this comprehensive program will prepare you. New legislation, new cases, environment & planning, owners corporations, retail and commercial leasing, building defects, stamp duty, FIRB and more: Melbourne’s leading experts have you covered. Gain all the updates you need in each of these key areas and more, plus lock down your core area CPD points.

Description

Attend the full day and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on VIC legislation

*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.

Session 1

Comprehensive Update of Critical Property Law Developments

Chair: Lisa Gaddie, Partner, Lander & Rogers; Leading Property & Real Estate Lawyer and Leading Leasing Lawyer, Doyle’s Guide 2020

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am Owner’s Corporations: Latest Cases, Developments and Trends

  • Tips and traps in plans of subdivision; multiple OCs
  • Application of the Benefit Principle: VCAT’s current attitude and when and how the principle is applied
  • Rules
  • Recent significant cases
  • Update on status of proposed legislative reforms

Presented by Tim Graham, Partner, HWL Ebsworth; Recommended Litigation Lawyer, Doyle’s Guide 2019; Best Lawyers 2017-21, Real Property Law; President, Australian College of Community Association Lawyers; Council Member, Strata Communities Australia; Property Law Committee, Law Institute of Victoria

9.50am to 10.35am Building Defects, Cladding and the Impact on Property Practitioners

  • Recent cases, including the continuing impact of VCAT’s Lacrosse Tower ruling
  • Regulatory update: the latest developments in the legal framework
  • Managing both the legal and commercial issues involved in building defects and cladding
  • Due diligence: what vendors, purchasers and third-parties need to examine

Presented by St John Frawley, Partner, Thomson Geer; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020; Best Lawyers 2021, Construction/Infrastructure Law and Alternative Dispute Resolution; contributing author, Construction Law in Australia (Third Edition), Bailey and Bell

10.35am to 11.20am Current Issues in Leasing

  • Leasing legal issues brought into focus by the COVID-19 pandemic including:
    • How does the doctrine of frustration apply to leases?
    • When may enforcing a lease constitute unconscionable conduct?
    • Issues in documenting variations of leases
    • Will force majeure clauses become a feature of leases?
  • The rise of ‘build to rent’: Developments you need to know 
  • Market rent reviews: current issues
  • Retail Leases Act 2003 (Vic):
    • Recent case law on when the Act applies
    • The 2020 amendments to the Act

Presented by Richard Brooks, Consultant, Ashurst; Leading Property & Real Estate Lawyer and Recommended Leasing Lawyer, Doyle’s Guide 2020  

11.20am to 11.35am Morning Tea

11.35am to 12.25pm Stamp Duty Update
General update on duty issues and administration of:

  • The economic entitlement provisions contained in Chapters 2 and 3 of the Duties Act 2000 (Vic)
  • The fixture provisions in the context of Chapters 2 and 3
  • The partnership provisions

Presented by Sue Bosch, Principal Revenue Specialist, State Revenue Office

12.25pm to 1.10pm Environment and Planning Update

  • Amendments to the Environment Protection Act: preparing for 1 July 2021
  • Recent developments in planning law-decisions
  • Recent developments-VCAT and Planning Panels/Advisory Committees

Presented by Amanda Johns, Specialist Consultant, MinterEllison; Accredited Specialist in Environmental, Planning & Local Government Law; Recommended Environment Lawyer and Town Planning & Development Lawyer, Doyle’s Guide 2020; Best Lawyers 2020, Land Use and Zoning Law, Planning and Environmental Law and Real Property Law

1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair

Session 2

CPD Compulsory Units for Property Lawyers

Chair: Michael Westaway, Partner, HWL Ebsworth; Best Lawyers 2020, Real Property Law & Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2020

Ethics & Professional Responsibility
2.00pm to 3.00pm Behaving Ethically as a Property Lawyer

  • Taking instructions from a vendor or purchaser; the obligation to look behind the instructions
  • VOI
  • Who is the client?
  • Preparing a contract in the electronic age
  • Finance clauses, building inspection clauses, pest inspection clauses
  • Force majeure
  • Obligations of disclosure in a vendor’s statement
  • The effect of s 12(d) and material facts on disclosure
  • How does Australian Consumer Law interact with the Sale of Land Act
  • Handling paper titles
  • Behaviour in an electronic workspace
  • Handling trust money in an electronic environment
  • Nomination Issues
  • Rescission and repudiation

Presented by David McKenzie, LMG Lawyers, Accredited Specialist in Property Law

Practice Management & Business Skills
3.00pm to 4.00pm Efficiently and Effectively Managing Property Law Teams

  • Cashflow and workflow issues
  • Onboarding new members during and after COVID
  • Building COVID resilience
  • Managing costs
  • Building referral relationships
  • Risk management

Presented by Leila Chalk, Principal Solicitor, Forty Four Degrees Lawyers & Consultants

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm FIRB Update: Understanding the New Changes Post 2020

  • New national security test
  • New mandatory notification requirements
  • Time-restricted ‘call-in’ power to review investments that raise national security risks outside of proposed investments relating to sensitive national security business
  • ‘Last resort’ power providing the ability to impose or vary conditions and in extraordinary circumstances order divestment on national security grounds
  • Stronger enforcement options including monitoring and investigation powers, the expansion of infringement notices and harsher civil and criminal penalties
  • Measures to streamline approval and create investor certainty for passive investors and investments into non-sensitive businesses

Presented by Natashia Ackroyd, Partner, Holding Redlich

Presenters

Lisa Gaddie
Lisa is a partner in the Real Estate & Projects team at Lander & Rogers. Lisa advises on all forms of commercial and government real estate transactions and infrastructure developments, and is recognised in the 2010-2020 editions of Best Lawyers in Australia and in Doyles. Lisa sits on the committee of the Property Law Group of the Law Council of Australia.

Tim Graham
Tim is a Partner of HWL Ebsworth Lawyers. He is one of Australia's pre-eminent strata lawyers. Tim is the President of the Australian College of Strata Lawyers (ACSL) and a Fellow of the College. He is a Board Member of Strata Communities Australia. He is published regularly in the Australian Property Law Bulletin and is a member of the bulletin's Editorial Panel. He authors the Owners Corporations chapter of the Lawyers Practice Manual and wrote the case study update for Subdivisions with the Lot.

St John Frawley
St John has over 26 years' experience, gained in New South Wales and Victoria, as a construction, engineering and infrastructure lawyer acting for a diverse range of institutional and private commercial clients in respect of tenders, project documentation, project risk management and the management and resolution of disputes. St John is an official contributor to leading industry text, Construction Law in Australia (Third Edition), 2011 by Bailey and Bell.

Richard Brooks
Richard is a consultant in Ashurst's real estate practice. Richard has a broad real estate practice, including acting for REITs and other institutional property owners, developers and corporate and government real estate occupiers, and acting on real estate aspects of M&A, infrastructure and energy and resources projects. Richard is experienced in acting on commercial property leasing (for landlords and tenants), sale and lease backs, real estate investment and real estate development. Richard is listed in Best Lawyers Australia 2021 in Real Property Law, Leasing Law and Government Practice

Sue Bosch
Sue is a Principal Revenue Specialist in the Landholder Acquisitions Branch of the State Revenue Office where she has gained extensive experience in the administration and application of the Duties Act 2000 (Vic) with particular focus on landholder duty, economic entitlements, lease duty and the change in beneficial ownership provisions.  She also has broader duties experience, including in policy and legislation, as well as legal services.  Prior to working at the State Revenue Office, Sue practised in indirect tax and GST at two of Australia's top tier law firms.  

Amanda Johns
Amanda is an Accredited Specialist in environmental, planning, and local government law. She has extensive experience in town planning issues including due diligence advice, negotiations with stakeholders, applications for planning permits, re-zonings, hearings, section 173 agreements, Supreme Court appeals, coordination of expert consultants, and enforcement issues. She advises on development contributions and public open space contributions, including development contribution overlays and infrastructure plans and overlays in planning schemes. She also advises with respect to contaminated land and clean-up issues in the context of environmental approvals for developments. Her practice includes EPA issues, Environment Effects Statements (EES) and inquiries and EPBC Act referrals.

Michael Westaway
Michael Westaway is a partner in the HWL Ebsworth property group in Melbourne. He has more than 25 years' experience in conducting property related work including the sale and acquisition of large commercial and residential properties; put and call options, joint venture agreements, development and other related project agreements; conducting all types of commercial, industrial, healthcare and retail property leasing for both landlords and tenants; acting for developers in large scale commercial property developments; and conducting private hospital and aged care facility acquisitions and sales

Leila Chalk
Leila is the Principal Solicitor at Forty Four Degrees Legal; a firm passionate about bridging the gap between new technology and bespoke service. Leila has practiced in the areas of Property, Commercial, Family, and Criminal law. She has a LLM from ANU focusing on innovation in the legal profession and a particular interest in the marketing and management of businesses.

Natashia Ackroyd
Natashia is a real estate partner at Holding Redlich. Over the past 15 years she has acted for many Australian and off shore funds, institutional investors and developers in their investment activities. She has also acted for state governments on strategic development projects. Her expertise includes real estate fund investments, property development, joint ventures and co-ownership arrangements, commercial leasing, structuring and titling issues and the tax issues associated with real estate projects and investments.

Venue

RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia

Map of RACV City Club

Parking Information
Parking is not included in your registration. Here are some options below. 
RACV City Club Car Park. Click here to view rates

Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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