A Practical Guide to Critical Conveyancing Issues

213Q08: When a problem arises involving body corporate law, off the plan contracts, GST, land tax, environment and planning issues, adverse possession, e-conveyancing, or other property pitfalls, you need (1) information and (2) a strategy. This practical conference delivers both with a comprehensive breakdown of what you need to know right now and into the next year. Plus, gain your CPD core area points for the year.

Description

Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills 

This program is based on QLD legislation

Session 1

Critical Conveyancing Updates

Chair: Kathleen Ready, Director, Ready Hocking Law

9.00am to 9.50am Off-the-Plan Contracts: Risks and Issues

  • Disclosure Statements & Disclosure Plans
  • Further statements
  • Sunset dates & sunset clauses
  • Is it subject to finance or not?
  • Implied warranties

Presented by Simon LaBlack, Legal Practitioner Director, LaBlack Lawyers; Accredited Specialist in Property Law

9.50am to 10.40am Tax Issues in Conveyancing

  • GST: margin scheme, going concern and drafting clauses
  • GST: withholding obligations on supplies of residential land or potential residential land 
  • Land tax issues

Presented by Lyndon Garbutt, Principal, West Garbutt; Leading Tax Lawyer, Doyle’s Guide 2019

10.40am to 10.55am Morning Tea

10.55am to 11.45am Environment and Planning Update: Conveyancing Considerations

  • Undertaking due diligence
  • When is a use an ‘ancillary’ use of premises under the Planning Act 2016?
  • Understanding key differences between the requirement to obtain consent to the making of a development application under the Planning Act 2016 as compared to the Building Act 1975, particularly in relation to land subject to a registered easement
  • Key merits appeals and declaration proceedings

 Presented by Fraser Hardman, Special Counsel, Shand Taylor Lawyers

11.45am to 12.30pm Body Corporates and Cladding Issues: What is Your Purchaser Client Really Buying Into?

Lance Armstrong once famously said, “It’s not about the bike.” Similarly, when buying into a body corporate scheme, it’s not (just) about the unit. Your purchaser client is also acquiring a whole host of other (potential) legal liabilities and headaches. Best to find these out before settlement.

  • Is the Body Corporate beset by internal conflict? How do you find this out?
  • Is the Body Corporate enmeshed, currently or potentially in costly litigation with its body corporate manager, caretaker, unit owners, or third parties? Why should you care?
  • Are there any costly building issues which may arise? What does this mean for a purchaser?
  • Are the sinking and administration funds adequate, and why is this important?
  • What ongoing costs will the purchaser be responsible for after settlement?
  • Why is the CMS important for a purchaser?
  • Pets, smoking, gardens, neighbors and other things that irritate in a community titles scheme

Presented by Shannon Moody, Barrister, Sir Harry Gibbs Chambers

12.30pm to 1.15pm How to Handle a Situation of Squatter’s Rights or Adverse Possession

  • What to do
  • What not to do
  • Tips and tricks

Presented by Roland Taylor, Legal Director, Statewide Conveyancing Shop

Session 2

CPD Mandatory Core Areas in Your Conveyancing Practice

Chair: Kathleen Ready, Director, Ready Hocking Law

Practical Legal Ethics
2.00pm to 3.00pm Acting for Both Parties

  • Benefits of acting for both parties
  • What the Australian Solicitors Conduct Rules 2012 (ASCR) state about avoiding conflict between duties owed to two or more current clients
  • The circumstances, according to the ASCR, where you must not act
  • The exception to that prohibition
  • Lexon’s approach and the Protocol
  • A couple of true stories from ‘both parties’ land

Presented by Tim O’Dwyer, Consultant, Mitchells Solicitors

Professional Skills
3.00pm to 4.00pm When You can Vary a Contract by Correspondence and when You Need a Deed of Variation

  • Titles Office requirements
  • Office of State Revenue requirements
  • Impact on valuation
  • How do you show it in the Settlement Statement
  • What you learn about variation from the cases

Presented by Tony Biggar, Consultant, Big Law Pty Ltd

4.00pm to 4.15pm Afternoon Tea

Practice Management & Business Skills
4.15pm to 5.15pm PEXA & eConveyancing: The Latest Updates & Best Practices

  • Guide to PEXA
  • QLD update on the current climate
  • Considerations when settling online
  • Resources and support available to you
  • PEXA platform demonstration: tips and tricks

Presented by Daniel Arnfield, Direct Specialist (QLD), PEXA

Presenters

Kathleen Ready
Kathleen is highly skilled in the following areas: acquisition and disposal of high rise commercial, retail and medical buildings, industrial property, multi-use development sites, high value islands off the Queensland coast, large and small retail shopping centres, property financing arrangements, and all associated documentation. She has a keen interest and knowledge in all aspects of Property which extends to consulting and negotiating with local councils in obtaining development approval; advising on allegations of contravention of the Environmental Protection Act; advising and acting for applicants and respondents in the Planning and Environment Court; and advising and acting for applicants seeking compensation under the Acquisition of Land Act in the Land Court.

Simon LaBlack
Simon practises exclusively in Property Law in Queensland. In 2017, he became one of the few Accredited Specialists in Queensland Property Law. He assists organisations and private clients in all property law related matters including property acquisitions and disposals, commercial property matters including leases, developments, transactions and disputes, subdivisions and developments and retirement village leases. He has acted as a specialist consultant to the profession and as a Court-Appointed Statutory Trustee for Sale.

Lyndon Garbutt
Lyndon is a principal of the specialist tax law firm, West Garbutt. A qualified lawyer and chartered accountant with over 15 years’ experience, Lyndon advises property development and construction clients on GST, land tax and other tax obligations. Lyndon often works with other lawyers in documenting property transactions, particularly from a GST perspective. Lyndon also assists clients with ATO audits, objections and private rulings. With diverse experience in dealing with the revenue agencies from both an accounting and a legal perspective, Lyndon regularly presents on property related taxes for professional bodies associated with the legal and accounting industries.

Fraser Hardman
Fraser specialises in planning, local government and environmental law and has practised exclusively in this jurisdiction for over 13 years.  He has specific post graduate studies in this area which provides him with specialist knowledge of potential pitfalls, how to anticipate them, and how to best navigate them. Fraser's experience includes acting for State government, local government, property developers and commercial clients across a diverse range of property projects, advising on environmentally relevant activities, land use assessments and acquisition and compensation.

Shannon Moody
Shannon is a Queensland barrister, and has practiced in Brisbane and Melbourne since 2002. Shannon specialises in property law and, in particular, the body corporate law. Shannon frequently gives advice in relation to caretaking agreements, for both bodies corporate and caretakers, and has a particular interest in issues relating to the termination of caretaking agreements.

Roland Taylor
Roland was admitted in 1993 to the Supreme Court of Queensland and the High Court of Australia. Roland practised in the area of Commercial Litigation until 2000 before taking over Statewide Conveyancing the residential conveyancing division of Mckays Solicitors. He was made a partner of Mckays Solicitors 2003. Roland has regularly presented at Seminars for Solicitors each year since 2004. He is the author of the legal text book Agent’s Handbook.

Tim O’Dwyer
For more than 40 years Tim was a conveyancing solicitor and Tax Agent. He is also a Notary Public, with a law degree from UQ and a Master of Arts from Griffith University. In 2012 closed his Logan office, merged with Mitchells of Moorooka to become a relaxed part-time consultant solicitor (exempt from CPD obligations).Nationally recognised as a "real estate watchdog" and consumer advocate, he recently published his well-, regarded book "Real Estate Escapes" and regularly reports via LinkedIn on lawyers and estate agents disciplined for illegal, unethical and/or unprofessional conduct.

Tony Biggar
Tony was admitted as a Solicitor in 1984. From 1986 to 1998 was the principal of a firm in Monto, Central Queensland. From 2000 to June 2014 Tony was a partner in BM Law, Strathpine and is now a Legal Practitioner Director with Big Law Pty Ltd. Tony practices predominately in property law, commercial law and wills and estates. Tony has been a member of the Property Law and Practice Committee of the Queensland Law Society since 2001 and has presented several papers at Property Law Seminars.

Daniel Arnfield
Daniel joined Property Exchange Australia Ltd (PEXA) in April 2016, having held roles specialising in Account Management and Practice Management software training to QLD law firms. Daniel Arnfield is currently a PEXA Direct Specialist providing high quality training, guidance and support to QLD Law Firms who are benefiting from the transition to e-, Conveyancing. The quality training, guidance and support Daniel has provided has been extensive across QLD and with a diverse range of law firms allowing them all to deliver superior results.

Venue

Hilton Brisbane

190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia

Map of Hilton Brisbane

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking

Parking is not included in your registration. There is valet parking available for AU$58.00

 

 

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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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