Conveyancing Conference
Issues covered include: Updated Contract of Sale of Real Estate, Estate Agents (Contracts) Regulations 2008, Sale Of Land Act 1962 (VIC), New GST Withholding Regime, residential land notification and reporting requirements, Foreign resident capital gains tax withholding, Residential Annual Vacancy Fee, Vacant Residential Land Tax, insolvency on contractual rights, Insolvency, Ipso Facto Regime and Conveyancing, Default, Rescission and Repudiation, Mortgagee’s Power of Sale, Anti-Money Laundering Issues,
Description
Your practice and your reputation are on the line with every conveyancing matter you work on, and any one of them can go from routine to disastrous with one misstep. Gain the latest information and essential strategies you need to avoid slipups and keep your practice on the right foot.
Attend 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 conference was recorded in VIC on 21 March 2019
Session 1
New Law, Updates and Procedural Skills
Chair: Lily Tell, Principal, Tell Property Lawyer; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2018
9.00am to 9.25am: Recent Legislation Amendments
- Updated Contract of Sale of Real Estate in response to the recent sun-setting of the Estate Agents (Contracts) Regulations 2008
- Off the plan shakeup: changes to the Sale Of Land Act 1962 (VIC)
Presented by Maryam Minai, Special Counsel, Development, Maddocks and Adam Jaques, Senior Associate, Development, Maddocks
9.25am to 10.00am: Recent Case Update
Discuss the four most important cases that should be on any practitioner’s radar.
Presented by Joseph Carney, Barrister, Svenson Barristers
10.00am to 10.45am: The New GST Withholding Regime and Recent Tax Developments
- GST: the new GST withholding regime and increased conveyancing complexity
- What contracts are now subject to GST withholding?
- Identifying ‘potential residential land’
- Understanding the notification and reporting requirements
- What you need to know about dealing with the ATO and the practical issues involved
- Penalties for failing to get it right
- Foreign resident capital gains tax withholding
- Federal government: Residential Annual Vacancy Fee
- Victorian government: Vacant Residential Land Tax
Presented by Elisha Herbert, Senior Manager, Pitcher Partners
10.45am to 11.00am Morning Tea
11.00am to 11.45am: Insolvency, the Ipso Facto Regime and Conveyancing
- Understanding the impact of insolvency on contractual rights
- What contracts or contractual rights are excluded?
- Spotting early signs of financial distress
Presented by Amanda Carruthers, Barrister, Foley’s List
11.45am to 12.30pm: Default, Rescission and Repudiation: Getting the Practice and Procedure Right
- 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?
Presented by Nicholas Jones, Barrister, Svenson Barristers
12.30pm to 1.15pm: The Mortgagee’s Power of Sale
- Conditions for exercise of mortgagee power of sale
- Warrants for possession
- Interplay between mortgagee’s power of sale and caveats
- Rights of tenants in a mortgagee sale
- Mortgagee’s power of sale in cases of mortgage fraud
- Challenges to mortgagee sales and remedies available to mortgagors and other interested parties
Presented by Leila Chalk, Principal Solicitor, Forty Four Degrees Lawyers & Consultants
1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units
Chair: Kelly Young, Director, Estate Conveyancing
Ethics & Professional Responsibility
2.00pm to 3.00pm: Anti-Money Laundering Issues for Property Lawyers and Conveyancers: Get it Right or Pay the Price
- The AML/CTF landscape
- Application of the AML/CFT regime to property matters
- Understanding the relevant compliance issues and impacts
- Processes you must have in place: the why, what and how of AML/CFT requirements for property lawyers and conveyancers
Presented by Katherine Shamai, Partner, Grant Thornton
Professional Skills
3.00pm to 4.00pm: 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 Tom Champion, Director, Reeds Consulting
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm: Title Insurance: Risk Management for Conveyancing Professionals
- Why title insurance is relevant in a Torrens system
- Council enforcement powers with respect to illegal building work
- Risk framework in Victoria for property purchasers with respect to illegal building work
- Update on claims and emerging areas of risk in Victoria
Presented by Greg Cooper, Stewart Title Limited