Property Law Conference
Issues covered include: owners corporation, leasing, environmental and planning, Environment Protection Act, SMSF, stamp duty, co-ownership, misrepresentation, misleading conduct, real estate transactions, ethical and professional responsibility, GST, tax issues, state taxes, property valuation
Description
As all are aware, the Victorian property sector is changing quite rapidly and if you don’t stay up to date you will inevitably fall behind. We’ve packed in 8 timely and information dense sessions exploring all the new legislation, new cases, new trends and practical skills you need to stay on the cutting edge of a fast moving market while gaining your CPD compulsory units.
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 6 March 2019
Session 1
Property Updates, Transactions and Disputes
Chair: Michael Westaway, Partner, HWL Ebsworth; Recommended Leasing Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Real Property Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Owners Corporation Law Update: New Developments, New Trends, New Cases
Analyse the latest court cases, tribunal decisions and trends impacting your practice, including an update on the status of proposed legislative reforms.
Presented by Nicole Wilde, Principal, Tisher Liner FC Law
9.50am to 10.35am: Leasing Update: The Cases and Developments that will Impact Your Practice
Explore critical cases affecting the sector including the facts of each, why they are important for practitioners to consider, and how their principles can be applied to your clients and matters.
Presented by Joseph Carney, Barrister
10.35am to 11.20am: Environment and Planning Update: Insights for Property Law Professionals
Examine the latest environment and planning issues with an impact on the property sector, including:
- The new Environment Protection Act and the implications for property practice
- Affordable housing
- Other recent developments in environment and planning
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 2017; Best Lawyers 2019, Land Use and Zoning Law, Planning and Environmental Law and Real Property Law
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: SMSF Borrowing and Property Transactions: Updated Issues
- Options when a bank won’t lend to an SMSF under a limited recourse borrowing arrangement, including examples
- Stamp duty and land tax issues associated with limited recourse borrowing arrangement transactions with multiple titles
- Overview of compliance issues regarding an SMSF lending to entities (ie, can the SMSF be the bank?)
Presented by Nathan Papson, Principal Lawyer, Papson Legal; SMSF Specialist Adviser
12.20pm to 1.05pm: Co-ownership Disputes
- Central concepts
- Grounds for refusing an order: general and trust
- Sale and/or physical division
- Accounting, compensation, reimbursement and adjustment
Presented by Philip H Barton, Barrister, Foley’s List
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Property Lawyers
Chair: Anne Marie Gasbarro, Partner, McKean Park Lawyers
Ethics & Professional Responsibility
2.00pm to 3.00pm: When a Property Matter Goes from Bad to Worse: Misrepresentation and Misleading Conduct in Real Estate Transactions
Property practitioners have an ethical and professional responsibility to watch out for ethical issues that can occur when misrepresentations or misleading conduct arise in a property transaction. Understand how to identify and deal with these issues so you can meet your obligations.
- The sources of law: contract, tort and statute
- Under and over quoting
- Oral representations and the related difficulties of proof
- Remedies, measure of damages and recission
- Availability, and loss, of right to terminate
- Accessorial liability
Presented by John Arthur, Barrister, Svenson Barristers
Professional Skills
3.00pm to 4.00pm: How to Manage the New GST Withholding Scheme, Recent Tax Changes and Other Current Tax Issues Impacting Property Practitioners
- GST: the new GST withholding regime and increased conveyancing complexity
- 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
- State Taxes: Victorian stamp duty and land tax updates
- Recent impact of case law on property-holding partnerships
- Exemption opportunities on foreign duty and land tax regimes
- The new vacant residential land tax
- Navigating foreign resident capital gains tax withholding
- Tax risk management: the blurred line between a capital or revenue disposal of land
Presented by Peter Quattrocchi, Client Director, Pitcher Partners
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm: Property Valuation, Advisory, Development and Financing: A Guide Map for Lawyers
- Update on the current property and development market in VIC: Where are we at and where might things be headed?
- The latest trends from a valuer’s perspective: private lending, second tier lending, banks tightening their lending requirements and more
- Insights for your practice: what valuers look for and what should be included in a valuation report
- Additional considerations to have on your radar: insurance, depreciation and capital gains tax
Presented by Glenn Dickinson, Associate Director, Herron Todd White