Property Law Conference
Whatever property problem this coming year brings, this comprehensive program will prepare you. New legislation, new cases, planning & development, owners corporations, rent relief schemes, compulsory acquisition, tax, uniform costs and more: Victoria’s leading experts have you covered. Gain all the updates you need in each of these key areas and more, plus lock down your core area CPD points. WEB223V02
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 VIC legislation
Session 1
Property Law Updates, Acquisition and Development
Chair: Michael Westaway, Partner, HWL Ebsworth; Best Lawyers 2022, Real Property Law & Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Changes to the Owners Corporations Act 2006 Affecting Multi-Lot Properties
- Key amendments to the Owners Corporations Act 2006
- How do the amendments impact multi-lot properties’ legal obligations, management and operations?
- How do the amendments impact your legal practice: considerations to make when advising on matters relating to multi-lot properties
Presented by Rochelle Castro, Principal, RC & CO
9.50am to 10.35am The Impact of Rent Relief Schemes on Property Transactions: Lessons from the Coal Face
- The impact of rent relief schemes on property transactions: lessons learnt
- Tips for negotiating under the rent relief scheme to get the best result for your client
- Reviewing lease documents including how will lease extension provisions continue to operate, exclusion clauses, variations of existing leases and checking for risk and exposure
- Granting rent relief and annual rent increases
- Binding Mediation Process and the Small Business Commissioner
- Look forward beyond COVID-19?
- Emerging asset classes
Presented by Natashia Ackroyd, Partner, Holding Redlich
10.35am to 10.50am Morning Tea
10.50am to 11.35am Case Studies: Recent Updates in Environment and Planning Law and the Implications for Property Lawyers
- Recent cases and developments in planning law
- Recent cases and developments in environmental law
- Implications for property lawyers
Presented by Amanda Johns, Specialist Consultant, MinterEllison; Accredited Specialist in Environmental, Planning & Local Government Law; Best Lawyers 2022, Land Use and Zoning Law, Planning and Environmental Law, Real Property Law
11.35am to 12.20pm Compulsory Acquisition: The Changing Victorian Framework
- Acquisition process: usual process vs major projects
- Compensation entitlements:
- Planning compensation (rapidly shifting area)
- Upon acquisition
- Entitlements as varied by major projects legislation
Presented by Chris Cantor, Partner, Maddocks
12.20pm to 1.05pm Restrictive Covenants and Land Development in Victoria
- Due diligence when purchasing a property subject to a restrictive covenant
- Tips and traps when developing a property subject to a restrictive covenant
- Interpreting restrictive covenants
- Methods to effect variation or removal of a restrictive covenant
- Restrictive covenants and land development in Victoria
Presented by Tiphanie Acreman, Barrister, Greens List Barristers; Recommended Planning & Environment Barrister, Doyle’s Guide 2021 and Todd Allen, Barrister, Greens List Barristers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Property Lawyers
Chair: Richard Brooks, Consultant, Ashurst
Professional Skills
2.00pm to 3.00pm Taxation of Property Transactions
Discuss the direct and indirect tax consequences arising from a change of intention when owning real property, including:
- Income tax and CGT consequences arising from the change: starting and ceasing to hold property as trading stock or on revenue account as part of an isolated profit-making undertaking
- GST consequences, adjustments, and applicability of the GST margin scheme
Presented by Neil Brydges, Principal, Sladen Legal; Recommended Tax Lawyer, Doyle’s Guide 2021 and Lucy Liang, Lawyer, Sladen Legal
Ethics and Professional Responsibility
3.00pm to 4.00pm Hot Button Ethical Issues for Property Lawyers
- Discussion of everyday issues facing property lawyers
- Common ethical dilemmas and risks: practical examples and case studies
- Recent cases: acting for both parties in leasing transactions
Presented by David McKenzie, Principal, LMG Lawyers
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm The Uniform Law and How it Affects Costs for Property Lawyers
- Compliance: Fixed fees or hourly rates?
- What can you charge a client for?
- How do you deal with a cost assessment?
- File management
- What are the benefits of properly recording time even if working on a fixed fee?
- How to deal with costs disputes faced by property lawyers
Presented by Paul Averill, Senior Costs Consultant, The Australian Legal Costing Group
Presenters
Michael Westaway
Michael Westaway is a partner in the HWL Ebsworth property group in Melbourne. He has more than 25 years' experience in conducting property related work including the sale and acquisition of large commercial and residential properties; put and call options, joint venture agreements, development and other related project agreements; conducting all types of commercial, industrial, healthcare and retail property leasing for both landlords and tenants; acting for developers in large scale commercial property developments; and conducting private hospital and aged care facility acquisitions and sales.
Amanda Johns
Amanda is an Accredited Specialist in environmental, planning, and local government law. Her areas of expertise include planning law, environmental law, heritage law, local government law, administrative law and property development and project delivery approvals pathways (including the Planning and Environment Act 1987 (Vic), Environmental Effects Act 1978 (Vic), EPBC Act 1999 (Cth), Aboriginal Heritage Act 2006 (Vic), Heritage Act 2017 (Vic) and the Environment Protection Act 1970 (Vic). She has extensive experience in town planning issues including due diligence advice, negotiations with stakeholders, applications for planning permits, re-zonings, hearings, section 173 agreements, Supreme Court appeals, coordination of expert consultants, and enforcement issues. She is a member of the Property Council of Australia’s Planning and Infill Committee. Amanda was a member of the Heritage Council (9 years) and has worked as in-house counsel for a property development company and in private legal practice.
Rochelle Castro
Rochelle Castro is the owner of RC & Co Lawyers, a national firm that specialises in strata, complex property, construction and commercial law. Their headquarters is in Melbourne with other offices, in Williams Landing Victoria, Sydney New South Wales and Perth Western Australia. She was a university instructor before dedicating her service to law. Whilst working to further improve her legal skills, Rochelle saw that she could better serve her clients by not only advising and advocating for them, but also educating them. She works with her “A-team” at RC & Co Lawyers, through constant rigorous training, so that they could provide effective, resourceful and clear legal service to clients. Rochelle appears in tribunals and various court jurisdictions to advocate her clients’ rights
Chris Cantor
Chris Cantor is a Partner in Maddocks Public Law team. He practises in the areas of compulsory acquisition, land valuation and local government rating. Chris acts on behalf of both acquiring authorities and claimants in compulsory acquisition and compensation matters, and is well known for his work with local government in land valuation. He regularly appears and instructs in compensation and valuation proceedings before Tribunals and Courts. Prior to joining Maddocks, Chris was a Principal Solicitor with the Department of Sustainability and Environment (as it then was) where he carried out litigation and law reform projects for the Valuer-General and Registrar of Titles. His experience in valuation, compensation and rating provides deep insights in managing compensation claims and disputes on behalf of his clients.
Tiphanie Acreman
Tiphanie practises in civil and administrative law. Her practice encompasses a diverse range of matters relating to the use and development of land. As a consequence of her varied practice and background, Tiphanie draws on a broad expertise to achieve pragmatic outcomes. Tiphanie has advised and appeared, both led and unled, in large-scale construction disputes, town planning, local government, Water Act and owners corporation matters. She has a particular interest in restrictive covenants and easements. In the regulatory context, Tiphanie prosecutes and defends local government planning and building matters, and Environment Protection Authority matters. Her environmental law practice includes advice and appearance in matters under State and Commonwealth legislation, including for judicial review. Tiphanie is recognised in Doyle’s Guide to the Australian Legal Profession as a recommended Victorian planning & environment barrister (2018, 2019, 2020 and 2021). She has been a Board member of the National Environmental Law Association since 2019.
Todd Allen
Todd has a broad commercial law practice with particular expertise in building, construction and property. He accepts briefs in most areas of commercial litigation including general commercial, consumer law, intellectual property, corporations law, insolvency and ADR. Prior to coming to the Bar, Todd was Principal and Director of Axiom Legal Pty Ltd, a law firm with offices in both Melbourne and Perth. At Axiom, Todd predominantly advised the ABN Group, one of Australia’s largest home building groups. Todd advised the ABN Group’s residential construction, commercial construction, land development and fund lending businesses. Todd is particularly well placed to advise on matters relating to greenfield development and construction in Victoria.
David McKenzie
David McKenzie has thirteen plus years of PQE and has spent the vast majority of that time practising in the area of property law. Specifically David has completed transactions in the following areas: Subdivisions (both tower and green field); Planning issues related to subdivision; Section 173 agreements and the issues related to those agreements; MCPs both drafting and registering; Covenant drafting and removal; Law of easements; Owners Corporations; Leasing (Retail and Commercial).
Neil Brydges
Neil is a Principal Lawyer in the business law area, with a particular focus on taxation advice and disputes. Taxation law is a complex area. Neil’s aim is to provide technical expertise to clients, commercially applied and in a friendly and approachable manner. Neil’s practice involves advice, audits, disputes, and transactions. The client mix includes both family groups and business enterprises. Neil also regularly assists professional advisors, including tax agents, accountants and financial advisors, to understand complex legal issues and help them to better assist their own clients. Neil is a Chartered Tax Advisor with The Tax Institute and accredited as a specialist in taxation law with the Law Institute of Victoria. In 2019, Neil was named one of Australia's “Best Lawyers of the Year” in the practice of tax law.
Lucy Liang
Lucy is a lawyer in Sladen Legal’s business law team, where she works primarily in the areas of federal taxes and state taxes. Lucy’s clients include private business owners, family groups, tax agents and accountants. She has assisted with ATO Private Ruling Applications in relation of CGT and GST matters and objections with the Victorian State Revenue Office in relation to state taxes matters (stamp duty, land tax). Lucy understands the complexities faced by taxpayers and is dedicated to providing clear and tailored advice to her clients. Lucy holds both a Juris Doctor and a Bachelor of Commerce majoring in Accounting and Finance from the University of Melbourne and is admitted to practice in Victoria. She is fluent in Mandarin
Paul Averill
Paul Averill is a Senior Costs Consultant at The Australian Legal Costing Group. Paul joined ALCG in 2019 having practised in the field of costs for 33 years in the UK. He has degrees in both Engineering and Law and is a Certified Legal Project Practitioner (being a member of the International Institute of Legal Project Practitioners). Paul has extensive experience of the UK system of costs having worked on some of the largest costs cases to come before the Courts. Paul is now heavily involved in costs disputes throughout Australia and brings his international knowledge to bear on all matters Australian
Richard Brooks
Richard Brooks is a consultant in Ashurst's real estate practice. Richard has a broad real estate practice, including acting for REITs and other institutional property owners, developers and corporate and government real estate occupiers, and acting on real estate aspects of M&A, infrastructure and energy and resources projects. Richard is experienced in acting on commercial property leasing (for landlords and tenants), sale and lease backs, real estate investment and real estate development. Richard is listed in Best Lawyers Australia 2021 in Real Property Law, Leasing Law and Government Practice