Practical Guide to Complex Conveyancing Issues
Take your conveyancing practice to the next level by developing the skills to navigate the complexities that arise in conveyancing transactions. Work through the risks involved in a conveyance and take a deep dive into the unusual transactions that can – and do arise. Receive updates on critical areas including off-the-plan purchases and sales, strata and options. You will also traverse the constantly shifting developments in tax and SMSFs, risks and auction costs. WEB219N11
Description
Attend the full day and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Practice Management & Business Skills
This program is based on NSW legislation
Session 1
Critical Conveyancing Updates
Chair: Paul Denny, Licensed Conveyancer, Paul Denny Conveyancing
9.00am to 10.00am Update on Off-the-Plan Conveyancing
- Review of Division 10 of the Conveyancing Act and its effect on off-the-plan sales
- Sunset dates in relation to off-the-plan sales
- A review of recent cases and the key takeaways you need to know
Presented by Vanya Lozzi, Partner, Holding Redlich
10.00am to 11.00am Options to Purchase Land: What You Need to Know from Recent Cases
- Nature of Options
- Formalities of Option Clauses
- Nomination, extension and assignment
- Exercise of options
Presented by Christopher Conolly, Partner, HWL Ebsworth; Accredited Specialist in Property Law; author, Options section, Practical Legal Guidance, LexisNexis; Co-author, Land Acquisitions, 7th Edition 2017
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Strata/Stratum/Community Title: What You Should Know When Acting for a Purchaser
- Different title structures, how to identify them and what they mean for a purchaser
- What is the ’initial period‘ and what will be restricted during this period
- By-laws in strata schemes: what is and isn’t allowed
- Strata building bond: what it is and how useful it is to a purchaser buying in a new scheme
Presented by Elly Ashley, Special Counsel, Holding Redlich; Accredited Specialist in Property Law
12.15pm to 1.15pm Unusual Transactions and Transactions in Trouble
- When is specific performance appropriate?
- When should a claim under Clause 7 be made?
Presented by Leanne Walker, Partner, Colin Biggers & Paisley
Session 2
Financial Considerations and Risk in Conveyancing Transactions
Chair: Paul Denny, Licensed Conveyancer, Paul Denny Conveyancing
2.00pm to 2.45pm Understanding SMSFs and Conveyancing
- Incorrectly prepared bare trusts
- Purchasing a property in the incorrect legal name
- Independent legal advice for loan documents
- Understanding the purpose of a SMSF
Presented by Suzanne Azzi, Senior Associate – Nationally Accredited Mediator, Bridge Legal
2.45pm to 3.30pm Recent Tax Developments Impacting Conveyancing
Catch up on recent changes in property taxes affecting your clients and your practice, including:
- Current GST and stamp duty issues for property transactions
- New land tax issues and the implications
- Other important and recent cases, changes and trends
Presented by Cameron Steele, Partner, Dentons
3.30pm to 3.45pm Afternoon Tea
Practice Management & Business Skills
3.45pm to 4.30pm Managing the Cost to Buyers Obtaining Advice on Auction Contracts
- What are the risks on giving advice on auction contracts?
- How complicated can it be?
- Can you educate clients to share the risk?
- In your practice who bears any loss when costs escalate – the client or you?
- Does the vendor miss out on bidders because of their lawyer?
- Can the process be made more cost efficient?
Presented by Garry Pritchard, Special Counsel, Toomey Pegg; Accredited Specialist in Property Law
Practice Management & Business Skills
4.30pm to 5.15pm Risk Management Strategies for Conveyancing Practices
- Risk management strategies to avoid property transaction disasters
- Ensuring your expectations match your client’s expectations
- Foreign client risks in conveyancing
- Verification of identity
- Using unnecessary/redundant additional clauses used in property contracts
- The benefits and burdens of technology: eConveyancing, digital communications and more
Presented by Rani Gandha, Partner, Turnbull Hill Lawyers
Presenters
Paul Denny
Paul has had a wealth of experience in the conveyancing world, starting his career in Adelaide in 1978. He established himself as one of the most trusted conveyancers in South Australia, quickly building up a high reputation with real estate agents and clients alike. It wasn’t until 1993 that conveyancing was recognised as a profession in NSW – until then, only solicitors were permitted to engage in property transactions. Seeing the opportunity, Paul decided to relocate his business to Sydney and became the very first licensed conveyancer in NSW. Paul opened his first office in Lane Cove, and over the last 20 years he has continued to build Paul Denny Conveyancing.
Vanya Lozzi
Vanya is a real estate lawyer with more than 20 years’ experience. He acts for some of Australia’s most significant property developers including the Frasers Property Group, Lend Lease and Billbergia Vanya advises development clients in relation to the whole developer lifecycle, including advising and negotiating the acquisition of development sites, managing the due diligence process, advising in relation to the title structure of proposed developments, managing off the plan sales, acting on the finance due diligence, providing legal sign off regarding qualifying presales and managing the settlements of the end product. Vanya is also an expert on the Federal Government’s foreign investment regulatory regime and has prepared and managed countless Foreign Investment Review Board (FIRB) applications over the past decade. Vanya is the head of Holding Redlich’s off the plan sales team and has successfully managed a number of high volume sales launches (both on site and off site) and settlements.
Christopher Conolly
Christopher Conolly is a partner in at HWL Ebsworth and has extensive experience in all aspects of commercial property law including agreements for lease, project development agreements, subdivisions and options. As an accredited specialist in property law Christopher regularly advises on complex property transactions such as in leasehold transactions, contaminated land, compulsory acquisitions, public positive covenants and planning agreements. His clients include government departments and authorities, aged care providers, urban and regional developers and corporations. Christopher is the author of the 'Options' section of Practical Legal Guidance by LexisNexis and, with Gary Newton, "Land Acquisitions" 7th Edition 2017.
Elly Ashley
Elly specialises in property development including advising in relation to strata and community schemes, preparing and developing appropriate governance title and subdivision structures and drafting master off-the-plan sales contracts and coordinating the sales process. Elly’s expertise includes acting for a number of major property developers to assist with residential and mixed-use development projects by advising in relation to the establishment of a strata scheme or community scheme, conversion and termination of strata schemes, compliance with the strata scheme and community scheme laws, drafting and negotiating section 88B instruments, by-laws and management statements for both strata and community schemes, site due diligence and acquisitions including acquisitions of crown land and rural land, Foreign Investment Review Board approval and regulations, finance due diligence and drafting off-the-plan contracts and co-ordinating the sales process.
Leanne Walker
Leanne Walker is a partner in the corporate and dispute resolution team, as well as the National Head of the dispute resolution team. Leanne specialises in property dispute resolution with a particular emphasis on land contract disputes, leasing based disputes, easement disputes, strata disputes and general contract disputes. Leanne has experience in alternative dispute resolution, including expert determination, mediation and arbitration. Leanne acts for landowners, developers, builders, government authorities, owners corporations, local councils, and receivers and managers.
Suzanne Azzi
Suzanne is a Senior Associate and Nationally Accredited Mediator at Bridge Legal. She has legal experience in property law, family law, wills and estates.
Cameron Steele
Cameron Steele leads Gadens' Taxation group. With significant experience in tax law, his diligent approach helps his clients through complex and ever-changing issues in transaction taxes, including GST and stamp duty. Cameron applies his knowledge across a range of tax and legal needs for the commercial, property and banking sectors' clients. He prepares and advises on general commercial agreements and other arrangements, advises and negotiates the establishment of project and corporate structures, and drafts venture documentation including shareholders, unit holders and joint venture agreements, company constitutions and trust deeds. Cameron is a committee member on the Property Council of Australia's State taxes committee as well as the tax committee for the Urban Development Institute of Australia.
Garry Pritchard
Garry commenced practice in 1969 and has extensive experience in many areas of the law and can therefore bring an experienced, disciplined approach to assisting clients with their legal issues. As an Accredited Property Specialist Garry is often retained by other lawyers and conveyancers to provide expert advice on a range of difficult property issues. For many years and until they were privatised, Garry was the legal advisor to the Sydney general aviation airports. This included supervising the management of 300 tenancies. He was also the supervising partner for State Rail leases, including retail, commercial and industrial properties. Garry’s current practice is mainly in property - leasing, mortgages and retirement villages - and estate planning and Wills.
Rani Gandha
Rani Gandha is the Partner in charge of our Business, Commercial and Property teams. With her background in asset protection and structuring she uses those skills to practice in our Wills and Estate team. Rani assists business clients to implement the tools required from a legal point of view to maximise the efficiency of their business and to minimise potential risks. Dedicated to ensuring her clients’ interests are adequately protected, Rani has experience in: Business Sales and Purchases; Advising clients on effective business structures; Commercial leasing; Advising on, negotiating and preparing an array of commercial/business contracts and agreements; Shareholders Agreements; Unit holder Agreements; Business Structures; Creation of Companies and Trusts; Partnership/Joint Adventure Agreements; Distribution Agreements; Franchising Law. Rani is understanding of the fact that her clients are often going through a difficult time having lost a loved one and works to ensure that she makes the process of administering the estate as simple as possible. Rani uses her experience with asset protection and trust structure to assist clients obtain the will and estate planning documents that will achieve the best result for their beneficiaries.