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

RACV City Club

Parking information

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Directions

Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court

 

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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