Property Law Conference
The Victorian property sector is transforming rapidly. If you don’t stay up to date you will inevitably fall behind. This program is packed with 8 timely and information dense sessions exploring new legislation, new cases, planning & development, owners corporations, retail and commercial leasing, Windfall Gains Tax, building defects, insolvency, negligent practice and more. Stay on the cutting edge of a fast-moving market while gaining your CPD compulsory units. WEB232V03Z
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 Skill
1 unit in Professional Skills
This program is based on VIC legislation
Session 1
5 Critical Property Law Updates
Chair: Nunzio Lucarelli KC
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Owners Corporation Update
Explore significant cases and changes in the past year and how they will impact your clients and your property practice, including:
- Amending plans of subdivision
- Implied easements
- Repair and maintenance obligations
- Owners Corporation Rules
Presented by Leila Idris, Special Counsel, Bugden Allen Graham
9.50am to 10.35am Retail and Commercial Leasing Update
Whilst the pandemic declaration has ended, the pandemic’s effects on commercial leases is far from over. The impacts of the various rent relief regulations will continue to be relevant for years to come, and cases about these matters still make their way into VCAT and the courts. Gain essential knowledge and key takeaways of these and other persistent issues. Otherwise, keep up to date with developments in the cases and legislation that you need to be across for your practice and your clients.
Presented by Antony Berger, Barrister, Owen Dixon Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Property Tax Update: Victorian Windfall Gains Tax
The Windfall Gains Tax (‘WGT’) is the newest addition to Victoria’s list of state taxes. Whilst it is set to commence from 1 July 2023, the WGT is already creating many challenges for landowners, investors, developers and financiers.
Explore the WGT, including:
- Basic features, including liability trigger, tax calculation and designation of liability
- Deferral mechanism
- Objection rights
- Transitional relief and other exemptions
- Issues and potential mitigation strategies
Presented by Daniel Lai, Manager – Tax Advisory, Pitcher Partners
PROPERTY DEVELOPMENT OUTLOOK
11.35am to 12.20pm Building Defects, Cladding and the Impact on Property Development
- Recent cases, including the impact of VCAT’s Lacrosse Tower ruling
- Regulatory update: the latest developments in the legal framework
- Managing both the legal and commercial issues involved in building defects and cladding
- Due diligence: what vendors, purchasers and third-parties need to examine
Presented by St John Frawley, Partner, Thomson Geer; contributing author, Construction Law in Australia (Third Edition), Bailey and Bell Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2022
12.20pm to 1.05pm ENVIRONMENTAL PLANNING AND DEVELOPMENT UPDATE: Planning and Environment Update
Examine the latest environment and planning issues with an impact on the property sector, including:
- New developments under the Environment Protection Act and the impact on property practices
- Recent developments in key planning & environment issues
- Significant VCAT and Supreme Court decisions
Presented by Nick Sutton, Partner, Norton Rose Fulbright; Accredited Specialist, Environment and Planning
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Ethics, Professional Skills & Practice Management for Property Lawyers
Chair: Tasman Ash Fleming, Barrister & Accredited Mediator NMAS, Victorian Bar
Professional Skills
2.00pm to 3.00pm A Guide to Managing the Impact of Insolvency in Property Law Mortgages
Focus on managing the impact of insolvency on second and subsequent mortgagees.
- The operation of s.77 of the Transfer of Land Act 1958.
- The effect of Deeds of Priority and Subordination of Debt
- The duties of receivers and agents for the mortgagee in possession
- The taking of accounts
Presented by Sam Chizik, Barrister, Owen Dixon Chambers West
Ethics & Professional Responsibility
3.00pm to 4.00pm Ethical Issues for Property Lawyers
Gain best practice advice for navigating typical ethical issues for property lawyers, including:
- Solicitors’ undertakings
- Conflicts of interest
- Lodging caveats
- Obligations under the Civil Procedure Act 2010
Presented by Nik Dragojlovic, Barrister, and Karen J Le Faucheur, Barrister, Svenson Barristers
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Negligent Practice and Avoiding a Claim for Property Lawyers
- Establishing a practical risk management system for your practice
- Identifying, assessing and mitigating risk
- Common risks leading to client dissatisfaction and professional indemnity claims and how to avoid them
- Client engagement and ensuring your expectation matches the client’s expectation
- Managing the pressure that comes with increased accessibility and speed of communications via technology
Presented by Hans Richmond, Solicitor, Forty Four Degrees Lawyers & Consultants
Presenters
Nunzio Lucarelli KC
Nunzio has practised as a barrister in large, complex commercial litigation for 35 years. He has been a King’s Counsel for 21 years. He focuses on commercial law, corporations law, international commercial arbitration, property law and equity, international law, torts, insolvency and administrative law. Nunzio is a Fellow of the Chartered Institute of Arbitrators and is a nationally-accredited mediator. In addition to being a member of the Victorian Bar, Nunzio is also a member of the Western Australian Bar. He holds chambers in Francis Burt Chambers in Perth, WA. Nunzio appears in international commercial arbitrations and frequently acts as a mediator in a wide range of matters. Nunzio is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Supreme Courts of other States, the Federal Court of Australia, the High Court of Australia and in international commercial arbitrations. Nunzio has also acted for clients in Italy, Singapore, Japan and the United States. Before coming to the Bar, Nunzio was Associate to the Hon. Justice Woodward of the Federal Court. Prior to this, he was a solicitor at Arthur Robinson & Co. (now Allens), practising in corporate reconstructions and takeovers.
Leila Idris
Leila is an experienced strata and property lawyer, having specialised in strata and subdivision law for over 11 years. She joined Bugden Allen Graham Lawyers as a Special Counsel in 2021 as part of the firm’s expansion into Victoria. Prior to joining Bugden Allen Graham Lawyers, Leila was part of HWL Ebsworth Lawyers’ Melbourne property team. Prior to practicing in Melbourne, she worked at a top tier firm in Kuala Lumpur in commercial litigation and international arbitration. Leila has advised Owners Corporations, their members, office bearers, managers and insurers of all sizes, many of which are associated with Victoria’s largest and most iconic buildings. She has acted for developers, hotels, and not-for-profit organisations in strata development work. She makes regular appearances at the Victorian Civil and Administrative Tribunal and Victorian Courts in a wide range of owners corporations, subdivision and building defects disputes. She is a member of Australian College of Strata Lawyers (ACSL). She is also a member of Strata Community Australia (Vic) and a Committee member of SCA (Vic) Young Professionals. She has presented at various industry associations and is published in the Australia Property Law Bulletin. Leila is a Special Counsel in our Melbourne office.
Antony Berger
Antony has a broad commercial practice and appears in all jurisdictions. He is regularly briefed to appear (whether led or unled), to draw pleadings, and to provide strategic and considered advice in all commercial matters. He is also regularly briefed to appear in and assist with the preparation of; applications for freezing orders, security for costs, injunctions, summary judgment and strike outs. His specific experience includes: Commercial law: Corporations Act matters (eg oppression proceedings), contract disputes, Australian Consumer Law matters, loans, fund misappropriation and accessorial liability issues, sales of businesses, and restraint of trade. Property: leasing, relief against forfeiture, sale of land, estate agents, planning and restrictive covenants, caveat removal, adverse possession, easements, owners corporations, recovery of land, and land rateability; Insolvency: set aside statutory demands, contested winding up applications, advice on voidable transactions, meetings proceedings, and personal bankruptcy; and Building and construction: Building and Construction Industry Security of Payment Act 2002, domestic building disputes, Building Act and BCA issues. He is undertaking a Master of Laws at the University of Melbourne. He also tutors in Obligations, Contracts and Property at Ormond College at the university. He read with Roslyn Kaye. His senior mentor is Philip Crutchfield QC. As a solicitor, he practised in insurance law and commercial litigation across Victoria and NSW.
Daniel Lai
Daniel specialises in state taxes, including duty and land tax. Daniel joined the Pitcher Partners Melbourne firm in 2022 as a Manager. Daniel has experience dealing with clients in the property industry, and has provided invaluable advice on a range of state taxes matters across multiple jurisdictions. These include the structuring of projects, landholder and trust acquisition duties, and duty and land tax exemptions and concessions. Daniel has been involved in number of matters with the relevant revenue authorities, including private ruling and exemption applications, voluntary disclosures, investigation matters and disputes with the revenue offices. Formerly of the Legal Services Branch at the State Revenue Office of Victoria, Daniel is acquainted with the legal disputes process involving the revenue offices. Daniel is also a member of the Property Council of Australia’s South Australian Tax Committee.
St John Frawley
St John has over 30 years' experience, gained in New South Wales and Victoria, as a construction, engineering and infrastructure lawyer. He acts for a diverse range of institutional and private commercial clients advising in relation to tenders, project delivery models, project contractual documentation, insurance policy and indemnity issues, project administration and risk management. St John is widely recognised by clients and peers as a leading advisor in the Best Lawyers in Australia in the area of Construction/Infrastructure Law (2017 - 2022) and Alternative Dispute Resolution (2019 - 2022). He has been recognised by Legal 500 Asia Pacific (2018) and in Doyle's Guide (2012 - 2022) as a recommended construction lawyer. He has also been identified in the ALB Guide: Building and Construction Lawyers 2009 as one of the 20 'leading lawyers' in Australia and New Zealand, noting that 'his depth of legal expertise, breadth of industry knowledge, common sense and commercially minded approach won great respect among clients'. St John has recently been named in Who's Who Legal Australia and Who's Who Legal International: Construction for his expertise in Construction law (2017 - 2022). St John is an official contributor to leading industry text, Construction Law in Australia (Third Edition), 2011 by Bailey and Bell. He regularly presents at industry forums and enjoys conducting regular in-house training and education workshops for clients. St John has also been a regular guest lecturer in the faculties of Law and Architecture, Building & Planning for the University of Melbourne.
Nick Sutton
Nick Sutton is an Accredited Specialist environment and planning lawyer based in Melbourne. He advises global and domestic corporate and government clients on major projects, along with obtaining planning and environment approvals for the development of Australian cities and regions. Nick has a focus on major projects, planning approvals, planning scheme amendments, land acquisition and compensation, various complex planning and environment related issues, and associated dispute resolution. He is often sought to advise on strategy from the outset of projects and matters. Dually qualified in both law and town planning, Nick can work seamlessly with diverse project teams and experts, from inception through to completion. Nick regularly instructs counsel across the Victorian planning and environment jurisdiction, as well as appearing on behalf of clients before the Planning and Environment List of the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and Advisory Committees. Nick is a Law Institute of Victoria Accredited Specialist in Environmental, Planning and Local Government Law, and currently the Co-Chair of the Law Institute of Victoria Property and Environmental Law Section Planning and Local Government Committee.
Tasman Ash Fleming
Tasman is a Barrister and Accredited Mediator NMAS. In November 2021 Tasman Completed the Oxford Program on Negotiation at the Saïd Business School, University of Oxford. Tasman offers commercial and independent experience in all mediations including commercial, bankruptcy, property and wills and estates. Immediately prior to coming to the bar Tasman worked as a solicitor advocate in Government where he gained experience in Court advocacy, including preparation of briefs and giving complex legal advice on urgent matters. Prior to joining the public service, Tasman was in private practice at a boutique firm and acted in a range of matters including Property Law, Bankruptcy, Probate & Wills/ TFM and Commercial Litigation and appeared in the Magistrates’ Court of Victoria, Federal Magistrates’ Court and VCAT. Tasman is currently an adjunct lecturer in the GDLP at the College of Law Victoria where he also runs advocacy and NDR workshops as part of the lawyer’s skills component of the GDLP. Subjects taught include Civil Litigation, Commercial and Corporate, Property Law, Ethics and Professional Responsibility, Administrative Law, Consumer Law, Wills and Estates, Banking and Finance Practice In 2022 Tasman was appointed Teaching Associate at Monash University: tutor in Litigation and Dispute Resolution and Trusts. In 2020 at The Australian Catholic University Melbourne (ACU) Tasman was lecturer-in-Charge Evidence and tutor in Torts, Land and Family Law.
Sam Chizik
Sam practices extensively in all aspects of commercial, property and insolvency litigation. He appears in all Courts across Victoria. Sam's expertise is in the preparation of cases, focusing on legal reasoning and analysis of the evidence to identify key issues, and in the examination and cross examination of witnesses. Sam’s 2017 article entitled “Opposing Applications to Wind Up a Company in Insolvency”, which is on the List website, deals with the nature of the evidence which must be adduced by a company to successfully oppose a winding up application. In addition to his work at the Bar, Sam has instructed in Civil Litigation at the Leo Cussen Institute for Continuing Legal Education
Nik Dragojlovic
Nik Dragojlovic is an experienced and highly regarded barrister practising in commercial law. Nik welcomes both advocacy and advice briefs. He has a direct and practical approach to achieve optimal commercial outcomes for clients. He accepts briefs in the following types of matters: General commercial advice, Complex contractual disputes; Property law disputes; Insolvency, bankruptcy and winding-up proceedings; Corporations Law matters relating to breaches of directors duties, shareholder disputes and minority shareholder oppression claims; Claims for indemnity under contracts of insurance; Enforcement of rights under mortgages, guarantees and indemnities; and Administrative law and judicial review proceedings. Nik conducts his matters with pragmatism, professionalism and utmost discretion, and accordingly he is frequently briefed on behalf of high profile individual and corporate clients.
Karen J Le Faucheur
Karen was admitted to the legal profession in March 2004 and signed the Bar Roll on 19 May 2011. She has a broad commercial practice with expertise in infrastructure construction disputes, equity and trusts, property, torts, trade practices and deceased estates. She has an interest in the law concerning consumer protection and the regulation of corporate conduct, specifically as it pertains to environmental, social and governance issues. Karen is also a mediator (NMAS accredited). Before coming to the Bar, Karen was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) and prior to that, Russell Kennedy. At Mallesons, Karen worked on general commercial litigation matters including large and complex infrastructure construction and contract disputes. Karen also advised companies in the mining, banking, gas supply, telecommunications and financial services industries on emissions trading and greenhouse gas and energy reporting. At Russell Kennedy, Karen worked on a variety of matters, including banking and finance, contract disputes, coronial, defamation, sports doping disputes, torts and misleading and deceptive conduct matters. For further detail, her curriculum vitae is available on the Victorian Bar website https://www.vicbar.com.au/profile/8000
Hans Richmond
Hans Richmond is a Solicitor at Forty Four Degrees Legal; a firm passionate about bridging the gap between new technology and bespoke service. Hans practices in property law, wills and estates and commercial law. Previous to working at Forty Four Degrees, Hans worked in banking and finance law where he gained experience working with complex borrowing arrangements, self-managed super funds, and mortgages. He holds a Juris Doctor from Monash University.