Property Law WA: Critical Legislative Updates and Costly Issues
Your clients are hot on the tail, ensure that you can assist them to take advantage of the latest property legislative reform. Gain an expert guide to navigating community and strata title schemes and the need-to-know information and practical tips on the duties amendment legislation. Examine costly issues to avoid for property in build to rent models and receive valuable advice on meeting timelines within property law. Avoid costly mistakes by attending this practical program. 2211W05
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This course has been approved by DMIRS under elective category 2.
CPD Approval Number: LEGALW23 (2CPD Points)
This program is based on WA legislation
Chair: Alex Salvaris, Principal, WSR Law
CRITICAL PROPERTY LEGISLATIVE UPDATES
9.00am to 10.00am Community Titles Update: New Legislation
- Re-write of the Strata Titles Act: What do we know?
- Explore recent critical cases under the new legislation
- Explore some potential applications of this new land tenure
- Gain perspective on prosecutions under the legislation
Presented by Mark Atkinson, Director, Atkinson Legal and Fellow of Australian College of Strata Lawyers
10.00am to 11.00am Update on Recent Duty Developments
This session will cover recent developments in respect of Western Australian transfer duty and landholder duty, including:
- Proposed changes to the transfer duty concession for farm-in agreements involving mining tenements
- Practical application of the provisions concerning rights relating to fixed infrastructure
- An update on the OSR practice relating to the connected entity reconstruction duty exemption; and
- A summary of recent case law relevant to WA stamp duty on property transactions.
Presented by Richard Norton, Principal, Tax, Deloitte Legal and Johanne Thomas, Special Counsel, Deloitte Legal
11.00am to 11.15am Morning Tea
COSTLY ISSUES FOR PROPERTY LAWYERS
11.15am to 12.15pm Major Issues when Developing and Starting Build to Rent Projects
- BTR landscape: the current situation, key players and why it's needed
- Analyse the contractual issues and their practical implications
- Commercial issues examined
Presented by Michael Hain, Partner, K&L Gates
12.15pm to 1.15pm Timeframes for Property Lawyers the Consequences of Missing Them
Knowing the raft of time periods that regulate commercial property transactions and what needs to be done is a critical risk management tool for your practice and an essential part of effective legal due diligence. This session will both identify a number of the statutory time frames and explore the consequences of missing those time frames, including:
- Section 136 of the Planning and Development Act and sale contracts and long term leases
- Section 68 of the Transfer of Land Act and leases in excess of 5 years
- Section 18 and 75 of the Land Administration Act and interests in Crown Land and conditional tenure land
- Section 68 of the Contaminated Sites Act and disclosure of contamination
- Section 13G and 13H of the Sale of Land Act and future lot contracts
- Section 83C of the Property Law Act and lease options
- Sections 22 and 23 of the Duties Act and the time to lodge with the Office of State Revenue
- Sections 48 of the Strata Titles Act and amendments to by-laws.
- Sections 157 and 160 of the Strata Titles Act and notifiable variations.
- Section 10 of the Commercial Tenancy (Retail Shops) Agreements Act and consents to sublease and assign
Presented by Simon Moen, Partner, Jackson McDonald
Presenters
Alex Salvaris
From multi-million dollar property sales and acquisitions to negotiating agreements for lease and large scale property developments, Alex Salvaris has over 40 years of experience in property and commercial law. Since commencing as an articled clerk to the late David K Malcolm AC QC (former Chief Justice of the Supreme Court of WA), Alex has carved out a career which saw him appointed as a Partner of Freehill Hollingdale & Page (later to become Herbert Smith Freehills) in 1982. In 1995 he joined the then national law firm Mallesons Stephen Jaques (later to become King & Wood Mallesons) as a Partner where he remained for 10 years until joining Warren Syminton Ralph (now known as WSR LAW). Alex's areas of expertise lie predominantly in commercial property law where he has acted as principal adviser on a broad range of major commercial and other property related transactions and projects.
Mark Atkinson
Mark Atkinson is a Director at Atkinson Legal, a Perth strata specialist law firm. Mark has 20 years of experience in strata titles, with areas of speciality in compliance and risk management; new residential, mixed use and tourist developments; enforceability of 'off the plan' sales contracts; strata by-laws; strata disputes; restructuring of existing strata schemes; management rights arrangements and consulting on strata issues to other lawyers Mark was a founding director of Strata Community Australia Ltd, a Councillor of National Community Titles Institute, and Past President (twice) of Strata Community Australia (WA) and councillor for 10 years. Mark is a Councillor and Fellow of the Australian College of Community Association Lawyers, a Member of the Law Society Property Law Committee and Residential Partner of the Property Council of Australia (WA Division).
Richard Norton
Richard originally hails from South Africa and is a graduate of the University of Stellenbosch (B.A. LL.B) and the University of Cape Town (B.Com (Hons)). Richard has been practising as a lawyer in Perth since 1984 and has had considerable experience in the areas of income tax, capital gains tax, stamp duty and other revenue law. He has authored and presented many papers for professional bodies and publications and is a former State Chairman and national councillor of the Taxation Institute. He is known for his in-depth technical knowledge and expertise in the area of tax law and provides advice to corporate groups and accounting and legal firms, and acts for a number of high profile, high net worth individuals and related entities.
Johanne Thomas
Johanne specialises in stamp duty, payroll taxes and land tax. She joined Deloitte in 2016 following 20 years of experience working as a tax lawyer with a boutique tax law firm in Perth. Johanne has been extensively involved in assisting clients in relation to the stamp duty implications of a wide range of commercial transactions across all Australian States and Territories. In particular, Johanne’s experience covers transactions involving landholding entities, trusts and corporate reconstructions. She has extensive experience in managing State Revenue audits and objecting against State tax assessments. Johanne is admitted as a barrister and solicitor of the Supreme Court of Western Australia and the High Court of Australia, is a Chartered Tax Adviser and a former member of the Tax Institute’s WA Education Committee.
Michael Hain
Michael Hain is an experienced partner with a demonstrated history of over 25 years in value-adding and delivering solutions for clients in real estate transactions, large scale brown fields and green fields project delivery, property funds transactions, tenure and access issues. The experience has been gained across a diverse range of client and project types including in residential, retail, commercial, agricultural, industrial and resources projects, and is backed with a strong and sound commercial and legal grounding.
Michael believes in providing value-add for clients by taking the initiative, being responsive and adopting an astute, commercially balanced and solutions based approach. He communicates in a clear and straightforward manner to attain successful outcomes. His clients include listed corporate, government and private clients and receivers and managers.
Simon Moen
Simon is an experienced real property lawyer. For the duration of his career, he has practised in all areas of real estate, strata titling and land development law. Simon has an in-depth knowledge of the land subdivision process, the acquisition and disposal of major parcels of land, shopping centres and office buildings. Simon advises property developers, local governments and not for profit organisations in relation to the structuring and implementation of real estate projects and drafts joint venture agreements, development agreements, real estate related service agreements, project delivery agreements and land development agreements. He also has particular expertise in the area of anchor tenant leasing, having acted for major retail and commercial tenants and landlords.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.