Conveyancing Conference
There are a number of critical issues which can go wrong during a conveyancing transaction. Don’t be caught out. Instead, catch up on the latest updates and delve into best practice strategies across litigation, owner builders Corp, contracts for off the plan sales, duty, land tax and FIRB. Plus, develop key skills to navigate survey, title and ethical issues in practice and Anti-Money Laundering requirements to keep your practice secure. 233V25
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
Critical Conveyancing Elements and Practical Strategies
Chair: Kelly Young, Director, Estate Conveyancing
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Recent Litigation in Topical Conveyancing Issues
Join an experienced barrister as he walks you through recent litigation in topical conveyancing issues including:
- Sales 'off the plan' and specifically, the effect of amendments to the proposed plan
- Defects in section 32 statements
Presented by Rochelle Castro, Principal Lawyer, RC & Co Lawyers
9.50am to 10.35am Owner Builders Reporting and Conveyancing
Owner builder reporting is guaranteed to make even the best conveyancers confused. In some cases, it can positively make their heads hurt! The legislation can be confusing, and clients are looking to you for guidance. Cover off the basic topics to give a thorough overview and gain either a good grounding or a solid refresher on Owner Builder reporting.
- Why do we need to report?
- What is Owner builder work?
- Also importantly, what isn't owner builder work?
- Why is my client being less than forthcoming (it is mostly unfounded fear)
- What does a report contain?
- When do we need insurance?
Presented by Marcus Taylor, Director, Taylor Building Consultants
10.35am to 10.50am Morning Tea
10.50am to 11.35am Contract for Off the Plan Sale: Key Drafting Clauses and Strategies for Mitigating Risk
- The LIV OTP contract
- Key Clauses to include and exclude
- Sunset Dates s10 – s10E of the Sale of Land Act
- Are other termination clauses legal?
- House and Land or land with own builder
- Stamp Duty
- Case law (Area Variation)
- S 27 and case law
- The client interview Vendor
- The Client Interview Purchaser
- Advising on off the plan contract
- Form Contracts
- Unfair contract conditions
- Other conditions to advise on
Presented by David McKenzie, Special Counsel, MNG Lawyers
11.35am to 12.20pm Tricks and Traps for Duty, Land Tax and Windfall Gains Tax
Receive practical guidance on some of the common tricks and traps to be mindful of when dealing with:
- The windfall gains tax that applies from 1 July 2023
- Land tax and duty surcharges
- Sub-sales and duty
Gain a highlight of specific aspects of each topic that are commonly misunderstood or missed and refer to case law and the SRO’s view where applicable.
Presented by Rosalie Cattermole, Special Counsel, Taxation, Arnold Bloch Leibler
12.20pm to 1.05pm 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 Benjamin Adams, Senior Associate, Baker McKenzie; NSW Young Property Lawyer of the Year, Law Council of Australia, NSW Division, 2015
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Ethics, Professional Skills & Practice Management for Conveyancing
Chair: Joan Lentini, Director, Complete Conveyancing; Past President, Australian Institute of Conveyancers (AIC Victoria)
Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Considerations in Conveyancing Practice
- What ethical issues are arising for lawyers and other property professionals?
- What strategies could you put in place to try to prevent ethical issues arising in your practice?
- Knowing when and how to overcome an ethical dilemma in property related matters.
- Divorce Considerations: Knowing where not to cross the line and where the conflict arises
Presented by Anastasia Aslanidis. Principal, Bedelis Lawyers; Accredited Specialist in Property Law
Professional Skills
3.00pm to 4.00pm Survey and Title Issues Affecting a Conveyance of Property
- Plans related to titles and the surveying challenges that can arise
- Understanding a plan of subdivision
- How to read a strata plan and building subdivision
- Easements, covenants and restrictions
- Fencing and boundary alignments and areas shown (or not shown) on plans
Presented by Tom Champion, Director, Reeds Consulting
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Anti-Money Laundering Issues for Conveyancers: Get it Right or Pay the Price
- The AML/CTF landscape
- Application of the AML/CTF regime to property matters
- Understanding the relevant compliance issues and impacts
- Processes you must have in place: the why, what and how of AML/CTF requirements for property lawyers and conveyancers
Presented by Alice Molan, Partner, Herbert Smith Freehills
Presenters
Kelly Young
Kelly Young is a fully unrestricted Conveyancing Licence holder and director of Estate Conveyancing, located in Macleod. Kelly and her staff at Estate Conveyancing prides themselves and providing education to clients and referrers alike. Kelly has been working in the legal industry for 20 years with experience in the property fields of settlements & conveyancing in Victoria and Western Australia and residential and commercial lending. Starting out as a junior paralegal in stamping, registration, and settlements, moving onto residential mortgages, Conveyancing and also Commercial Lending, Kelly has a background working in accountant firms, law firms and conveyancing offices in Melbourne city, rural areas of Victoria and is also qualified within Settlements in the state of WA.
Rochelle Castro
Rochelle Castro is a strata lawyer and owner of RC & Co Lawyers. 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. She presents papers on strata and construction law in local and international research forums. She is also a volunteer trainer of Strata Community Association’s A100 and committee training programs.
Marcus Taylor
Marcus is a Statutory building inspector and building consultant specialising in the inspection of buildings and sites for the purposes of reporting on Owner builder reports, Bushfire attack level assessments and dilapidation reports. Marcus is also licensed to undertake statutory inspections under the Building Act including swimming pool compliance. Marcus has a Diploma of Building (RMIT), Diploma of Building Surveying (Holmesglen). He is a member of the Australian Institute of Building Surveyors . Marcus has over 28 years’ experience in all areas of domestic construction covering renovations and extensions, second storey additions and high-quality architectural homes. He is experienced in managing building projects, including labour and material, plant allocation and material takeoffs. Marcus is experienced in contract management including Architect supervised building works and retention funds and has a further ten years experience in Statutory building inspection and owner builder reporting.
David McKenzie
David McKenzie has eighteen 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); Adverse possession claims and Easements by prescription.
Rosalie Cattermole
Rosalie Cattermole specialises in indirect taxes with a particular focus on duty and land tax Australia wide. She has considerable experience in dealing with the various state/territory revenue offices’ including private ruling applications, complex lodgements and objections. Rosalie has advised extensively on the duty implications of asset and share sale and purchase agreements, corporate reconstructions, transactions involving trusts and partnerships, and the application of the various surcharge duty and land tax regimes that operate across Australia. She regularly works with accountants and other advisers to ensure that a practical and pragmatic approach is taken to a client’s duty and taxation affairs. Rosalie is a member of The Tax Institute’s (Vic) State Taxes Committee, a member of the Law Institute of Victoria’s (LIV) State Taxes Committee and Tax & Revenue Committee, and a member of the State Revenue Office (Vic)/LIV Liaison Group. She is recognised as a leading tax lawyer by international guide Legal 500 Asia Pacific.
Benjamin Adams
Benjamin is a Senior Associate in Baker McKenzie's Commercial Real Estate Group in Melbourne and vice-chair of the ANREV Young Professionals Working Group. He has 10 years' experience advising on structured property transactions, joint ventures and the acquisition, financing, lease and sale of commercial property with a focus on capital markets. He acts for major listed and unlisted property funds, institutional landlords and major corporate tenants. Benjamin has previously worked at Baker McKenzie's Sydney and London offices and at London based FTSE100 listed private equity firm, Intermediate Capital Group plc in their sale and leaseback strategy. Benjamin sat on the New South Wales Law Society's Property Law Committee from 2015 to 2019 and was previously chair of the NSW Young Lawyer's Property Law Committee. He regularly writes on property law related issues for a number of publications including the Australian Property Law Bulletin and Law Society Journal.
Joan Lentini
Joan Lentini is the immediate Past President of the Australian Institute of Conveyancers Victoria. Joan has given many hours to various stakeholder and specialist working groups for the advancement of conveyancers in Victoria including the Victorian State Revenue Office and PEXA. Joan manages her own successful conveyancing business in Port Melbourne and is highly qualified with over 40 years’ experience in all facets of conveyancing.
Anastasia Aslanidis
Property law has been the focus of Anastasia’s legal career since her admission to practice in August 2000. Anastasia achieved her accredited specialization in property law in 2013. Over her career, she has worked in private practice, as in-house counsel (for a managed investment scheme) and as a sole practitioner. Anastasia joined Bedelis Lawyers in May 2017, where she is currently one of the principals of the firm. She has been fortunate and privileged to have worked for a myriad of clients in various property law matters ranging from the “simple” conveyance to the complicated development with 5 owners corporations. Anastasia’s property law portfolio includes: Sales and acquisitions of all types of property, Developments, Subdivisions / NICO subdivisions, Put and call options and tenders, Commercial and retail leasing, Loan documentation including mezzanine funding, Mortgagee sales and sales of property by receivers and managers, GST, duty and land tax, Property due diligence reports, Adverse possession, Creation / removal of easements. Boundary disputes, General Conveyancing, Property transfers including transfers to SMSFs and Property disputes. Property matters are like a show-bag. They can be full of surprises.
Tom Champion
Tom has a broad range of experience in complex building subdivisions, engineering surveying and consulting on issues relating to land status and development. His experience and expertise provides invaluable assistance to the consultants and construction teams throughout the various stages of the project. Tom is responsible for managing the expectations of clients and providing them with professional advice. He also instructs survey staff in project matters and regularly deals and consults with Council, Service Authorities, Government Departments and Project Stakeholders.
Alice Molan
Alice is a Partner in Herbert Smith Freehills’ leading Australian financial services regulatory practice. She assists clients in the banking, non-bank lending, payments and fintech sectors understand the application of regulatory obligations to their business and respond accordingly. Alice specialises in licensing requirements, anti-money laundering and financial crime, designing ongoing internal control frameworks and responding to regulatory reform. Alice established her career advising local and international banks and non-bank lenders on Australian regulatory requirements. Alice spent a number of years in Hong Kong advising international financial institutions in connection with licensing and prudential matters, banking and securities regulations, virtual asset service provider reforms, anti-money laundering controls and ongoing regulatory obligations.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court