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
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