A Practical Guide to Critical Conveyancing Issues
Proposed changes for the Contract for Sale of Land are on the horizon. Delve deeper into the most timely and significant practical considerations in conveyancing including community title and strata, put and call options, planning, PEXA, tax and FIRB. Master how to avoid and deal with things getting in the way of completion such as easements, covenants, encroachments and more. 229N04
Description
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
0.5 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Conveyancing Transactions: Understanding the Process
Chair: Diane Skapinker, Consultant, Ashurst; Recommended Property and Real Estate Leasing Lawyer, Doyle’s Guide 2021
9.00am to 9.15am Opening Remarks: Contract for Sale of Land: Where Are We Now?
Presented by Diane Skapinker, Consultant, Ashurst; Recommended Property and Real Estate Leasing Lawyer, Doyle’s Guide 2021
Professional Skills
9.15am to 10.00am Producing Quality Contracts for Sale in 2022 and Negotiating its Terms
- Key standard clauses in the new 2022 Contract for Sale of Land
- Additional clauses relevant for the 2022 Contract
- Negotiating terms of additional clauses when acting for a purchaser
- Brief case studies
Presented by Marcus Andrews, Partner, Piper Alderman
10.00am to 10.45am Dealing with Things Getting in the Way of Completion
- Encroachments
- Easements
- Boundaries
- Artefacts
- Substantially damaged land
- Title defects and the contract’s subject matter
- Where risk sits
- Claims and purchaser remedies
- Latent and patent defects
- How to deal with completing?
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
10.45am to 11.00am Morning Tea
Practice Management
11.00am to 11.30am PEXA: Best Practice to Settle on Time
- Hints and tip to minimize potential settlement delays
- Identifying complex matters that require a Dealing with Exception
Presented by Vesna Vranjes, Team Lead, Customer Success Hub, PEXA
11.30am to 12.15pm Put and Call Options in Conveyancing
- The nature of an option in real estate transactions: call options and put options
- Assignment, nomination, and arrangements
- Requirements for "residential property"
- Caveats
- Recent cases
Presented by Brendan Maier, Partner, Colin Biggers & Paisley
12.15pm to 1.05pm Niche Tax and Stamp Duty Implications in Conveyancing Transactions
- Drafting GST clauses in your contract: When does it apply?
- Margin schemes
- Supplies of going concerns
- Passing on GST liability to purchasers
- The distinction between commercial and residential premises
Presented by Denis Barlin, Barrister, Thirteen Wentworth Selborne
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Strata, Planning and FIRB Unravelled
Chair: Lexia Wilson, Principal, Lexia Wilson Lawyers
2.00pm to 3.00pm Company Title and Strata Legislation Update for Conveyancers
Join Ian McKnight and delve into the key updates relating to Company Title and Strata Legislation.
Presented by Ian McKnight, Special Counsel, Pobi Lawyers
3.00pm to 4.00pm Planning Law for Conveyancers
- Section 10.7 certificates: what they cover and what they don’t
- Background to the planning regime in NSW
- Development sites
- Use of land
- Unauthorised works
- Heritage listings
- Planning agreements
Presented by Steven Griffiths, Partner, Bartier Perry
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm A Guide to the Foreign Investment Review Board for Conveyancing Transactions
- Overview of FIRB framework
- Common misconceptions
- Foreign and threshold tests
- Civil and criminal penalties for non-compliance
Presented by Liam Thomson, Special Counsel, Baker & McKenzie and Manny Kanellis, General Associate, Baker & McKenzie
Presenters
Diane Skapinker
Diane Skapinker is a consultant in the Ashurst real estate group where she specialises in property developments, strata and community titling, acquisitions, disposals, leasing and the property aspects of telecommunications and infrastructure projects. Diane was formerly an Associate Professor of Law at the University of Sydney lecturing in Real Property, Conveyancing and Equity and is a member of the NSW Law Society’s Property Law Committee and its subcommittee responsible for drafting the NSW standard form contract for the sale and purchase of land. Diane is recognised as a real estate lawyer by Chambers Asia-Pacific, Doyle's Guide and Best Lawyers Australia.
Steven Griffiths
Steven advises local government authorities, statutory authorities and private sector clients on a wide range of environmental, planning and local government law matters.
Steven regularly acts for council clients in development appeal and civil enforcement proceedings in the Land and Environment Court of NSW and for council clients and State bodies in land acquisition matters. Steven has also appeared for council clients in judicial review proceedings in the Supreme Court of NSW and in native title proceedings in the Federal Court of Australia. As well as being a lawyer, Steven is also an experienced town planner and prior to joining Bartier Perry, had a distinguished 12-year career as a town planner, consultant and manager in local government in NSW.
Ian McKnight
Ian McKnight joined Pobi Lawyers in 2022. Ian is a specialist strata lawyer and widely regarded as a doyen of strata law in NSW. His standing has been earned over the course of a 43 year career bestriding property law and strata management. Ian counts among his clients strata managing agents, owners corporations, developers, building managers, property professionals, real estate investors and regulators.
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.
Vesna Vranjes
Vesna Vranjes has been with PEXA for five and half years primarily working with medium to small firms, covering training and assisting practitioners with the day to day use of the platform. She started her career in property settlements with Espreon (later known as SAI Global) and eventually moved to ANZ to head up the NSW/ACT Settlement team. Vesna's career path has given her the unique experience of seeing all sides of a transaction so that she can appreciate the many different components that need to come together to successfully complete a property settlement.
Brendan Maier
Brendan Maier is a partner in the property team of Colin Biggers & Paisley. Brendan provides high quality legal advice on major commercial, industrial, residential, tourism and agricultural projects throughout Australia. He is a leading property lawyer who enjoys applying his industry knowledge and networks to drive commercial value for his clients. Brendan's clients include property developers, construction companies, hotel operators, investment funds, agricultural businesses, banks, utilities and charities. Both his legal peers and the industry generally have recognised Brendan as a property law expert and as a leader. He has been: listed as a recommended lawyer in real estate by the Legal 500 Asia Pacific 2016 and listed as a recommended property and real estate lawyer in Sydney in Doyle's Guide 2016.
Denis Barlin
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.
Lexia Wilson
Lexia Wilson is a real estate lawyer based in Sydney. 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.
Marcus Andrews
Marcus is a leading commercial property lawyer specialising in land acquisitions and sales, strata law, telecommunications, retail, industrial and commercial leasing and all aspects of property development, with a particular focus on the child care industry. Marcus acts for a number of prominent child care centre operators, high profile individuals, television presenters, celebrities, property developers, private client groups, shopping centre landlords, tenants as well as various local and state Government departments. His extensive expertise extends to compulsory acquisition of land and Government specific transactions. Marcus is highly regarded for his negotiating skills and prompt turnaround. He is a member of the Law Society’s Property Law Committee and regularly contributes to articles and seminars on changes to the law.
Manny Kanellis
Manny Kanellis is an associate in the Commercial Real Estate Group at Baker & McKenzie who primarily works on matters involving hotel sales, acquisitions and developments, as well as advising clients in relation to hotel management agreements and similar hotel documents. In addition to his work on hotel transactions, Manny has also worked on a range of commercial real estate transactions, including transactions involving commercial offices, student accommodation, shopping centres and industrial property. Manny has acted for a number of international clients based in the Asia Pacific, Europe and Canada and has experience dealing with a wide variety of international counterparties.
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