Conveyancing Conference: The Pain Points Explored
This comprehensive conveyancing conference will ensure that you are up to date with all the critical knowledge and skills affecting your conveyancing practice. Acquire the latest information on foreign surcharge duties and land tax, all that is off the plan sales, how to deal with SMSFs in your conveyances, and recent case law. Refine your skills in order to successfully navigate caveats, cyber risk and due diligence issues in your conveyancing practice. Attend and earn your CPD core area points. 223N18
Description
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 program is based on NSW legislation
Session 1
Navigating Critical Conveyancing Pain Points in 2022
Chair: Lexia Wilson, Principal, Lexia Wilson Lawyers
9.00am to 10.00am NSW Foreign Surcharge Duties and Land Tax
Work through a structured framework for identifying liabilities and responding to compliance queries, including:
- Getting the due diligence right from the start
- Key traps to watch out for
- What to do if your clients received a foreign surcharge Notice of Investigation
Presented by Andrew Rider, Barrister, Level 22 Chambers
10.00am to 11.00am Off the Plan Sales
- Prohibition orders pursuant to section 9 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
- Analysis of the disclosure statements 66ZM of the Conveyancing Act introduced December 2019, requires vendors off the plan to offer greater transparency, affords new remedies and stronger protections to purchasers
- Compare the position before and after December 2019 and interrogate what, if anything, still falls between the cracks
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm SMSFs and Conveyancing
- Understanding the structures
- Know the contracting entity
- What is limited recourse borrowing
- What sort of property can be purchased by an SMSF
- Can I develop property held by an SMSF
- Understanding duty and concession
Presented by Kevin O’Brien, Director, Landmark Legal
12.15pm to 1.15pm Critical Recent Conveyancing Cases in NSW You Need to Know
Analyse the latest conveyancing cases, including the key facts in each, the important takeaways, and the potential impact on your clients and your practice.
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; Author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation, and Land Acquisition 7th Edition, LexisNexis; Best Lawyers 2022, Real Real Property Law, Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2021
Session 2
CPD Compulsory Units
Chair: Michael Osborne, Principal, Osborne Lawyers; Accredited Specialist in Property Law
Professional Skills
2.00pm to 3.00pm A Case Study on How to Draft Caveats & Navigate Related Issues
- Insights into the function of a caveat and strategies for using or dealing with them
- Why file a caveat? Consideration of Black v Garnock [2007] HCA 31
- How to navigate caveats and priority notices
- A guide to drafting caveats
- Tips for handling caveatable interests related to conveyancing transactions, including how to work with conditional contracts and off the plan contracts
Presented by Vikram N Misra, Barrister, Clarence Chambers
Practice Management & Business Skills
3.00pm to 4.00pm Cyber Risks: The Evidence, the Impact, the Costs, & the Need for Better Defences
- Professional negligence claims data and the rise of cyber claims
- Key factors in computer systems vulnerabilities
- How effective is your cyber incident response plan?
- Navigating risk in conveyancing and property transactions
Presented by Malcolm Heath, Practice Risk Manager, LawCover
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Professional Responsibilities & Ethical Considerations in Conveyancing Matters
- Risk management & ethical considerations when a client is purchasing a commercial or residential property
- Seeking instructions from the client as to the purpose of the purchase
- Due diligence checklist for residential and commercial property
- Risk management in electronic conveyancing
- Risks, red flags & ethical issues to watch out for in property transactions
Presented by Rani Gandha, Lead Partner, Property and Business team, Turnbull Hill Lawyers
Presenters
Lexia Wilson
Lexia Wilson is Principal at Lexia Wilson Lawyers. She has expertise in real estate, climate change, stamp duty, GST and real estate finance. Lexia acts for both Australian and international participants in the real estate sector, advising on a wide range of commercial, residential, industrial and retail transactions including sales, acquisitions, developments, joint ventures, leasing and real estate investment trusts. She is a former national director of the Property Council of Australia, the industry's peak association and a current member of the Property Council's NSW Industrial Committee. She is very active in industry education and regularly lectures on a variety of real estate topics for property associations and clients.
Andrew Rider
Andrew Rider is a leading Australian tax barrister specialising in land tax, payroll tax and stamp duty litigation and dispute resolution. Andrew also advises on Australia-wide stamp duties, land tax and payroll tax. Prior to coming to the Bar, Andrew was a solicitor and Associate to Justice Michael Kirby. Andrew lectures in taxation law at the University of Sydney Law School and previously lectured at the University of Technology, Sydney. Andrew edits the leading stamp duty publication “Australian Stamp Duties Law” and authors the national stamp duty section of the leading online service “Practical Guidance – Property Law”. Andrew is a Chartered Tax Adviser and examiner with The Tax Institute and member of The Tax Institute/Office of State Revenue Liaison Committee and Dispute Resolution Technical Committee. Andrew is also a member of the NCAT Revenue List Consultative Forum.
Sydney Jacobs
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration.
Kevin O’Brien
Kevin O’Brien has 30 years of experience in the trustee and legal fields and specialises in Estate Planning, along with a strong focus on property and structuring for property dealings with investors and developers. Landmark Legal focuses on family and working with family to grow their wealth, protect their wealth and transition their wealth. The firms principal areas of work are around structuring within entities for business and property (including within SMSF), estate planning, property, commercial and family law. In 2010 Kevin was employed to start a firm to specialise in the rapidly expanding world of SMSF property investment and to manage and advise on the key aspects of property transactions within SMSF, along with establishing required trusts for those transactions. In late 2012 Kevin started his own firm which is now Landmark Legal. Kevin has presented to numerous seminars for the Newcastle Law Society and different investor and property groups in each of NSW, Victoria and Queensland on the areas of SMSFs and property.
Garry Newton
Gary Newton is a partner in the Property and Development Group of HWL Ebsworth Lawyers. He has been practicing in the area of property law for over 35 years, providing advice on a wide range of matters to business, government and individuals. Gary holds a Bachelor of Laws degree from the University of Sydney and is an Accredited Specialist in Property Law, since 1994. He is the co-author of a book published in December 2017 called "Land Acquisition" 7th edition by Gary Newton and Christopher Conolly. Gary is also the co-author of a book "Real Property Law Case Summaries" Newton’s 4th edition. Gary is the author and the editor of the LexisNexis Butterworths NSW Conveyancing Service (loose-leaf). He is also author and editor of the book 2020 - 2021 edition of the ‘Annotated Conveyancing & Real Property Legislation in NSW’.
Michael Osborne
Michael Osborne is the principal of Osbornes Lawyers and has been in private practice for nearly 30 years. Osbornes Lawyers is a speciality legal practice focusing on commercial and business law, with particular expertise in real property. Michael is an accredited property specialist, chair of the Advisory Committee for the Law Society of New South Wales for the specialist accreditation scheme in property, a member of the Property Committee of the Law Society. Michael has extensive practical experience in most aspects of property law, including options, sales, acquisitions, strata and community title, and commercial and retail leasing. He particularly specialises in property development - structuring and documenting the acquisition and sale of the site and the associated work.
Vikram Misra
Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice, however he is frequently briefed in the areas of taxation law, property law, contract law, construction law and equity. Vikram currently contributes regular posts to Legalwise Seminars on: Caveats; Practice and Procedure; and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents for BenchTV and CPD for Me. Vikram is also a contributing author to the Security of Payment (NSW) section of the looseleaf Commercial Arbitration Law and Practice Service for Thomson Reuters. Vikram was previously employed as a casual academic for the University of Sydney Law Extension Committee, Sydney NSW where he marked contract law exams.
Malcolm Heath
Malcolm Heath was appointed Legal Risk Manager in August 2012. In this role, he conducts practice management risk reviews of law practices involving onsite visits and interviews with practice principals, employed solicitors and senior staff. Malcolm promotes risk management strategies through the Lawcover Risk Management Education Program workshops for principals, on-site at law practices' seminars and retreats, at the compulsory professional development courses of The Law Society of NSW, Regional Law Societies' CLE and other means. He also presents Lawcover's Short Minutes videos. Prior to joining Lawcover, Malcolm ran his own company for 20 years which researched and produced training programs and he consulted to the general insurance industry and the legal profession.
Rani Gandha
Rani Gandha is the Partner in charge of the Business, Commercial and Property team at Turnbull Hill Lawyers. She acts in a wide range of property work, including acting for buyers and sellers of residential and commercial property and for lenders and borrowers in respect of residential mortgage matters. She has extensive expertise in dealing with all types of real property, including Old System, Torrens Title, Qualified Title and Strata Title. Rani also acts for clients in respect of resumptions of property by Transport for NSW, creating easements by way of Transfer and acts for land developers in respect of subdivisions. She advises clients on commercial and retail property leasing matters including negotiation and preparation of leasing documents and assists clients in a wide range of business issues.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km