Property Law Conference
There’s never a dull moment in property law. Consider the most significant cases and biggest developments across leasing, strata, conveyancing, Tax, CGT, FIRB, the Duties Act and options to purchase land over the past 12 months. With direct and lasting impact on your property law practice, you can’t afford to miss these essential updates. Gain all the information and practical implications you need in each of these key areas, plus lock down your core area CPD points. 233N18
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 NSW legislation
Session 1
Comprehensive Update of Critical Developments
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Key Property Law Developments Over the Last 12 Months
- Strata law update
- Conveyancing update: key takeaways from the last year
Presented by Gregory Sirtes SC, 12 Wentworth Selborne Chambers
9.50am to 10.35am Critical Leasing Update: Managing Lease Negotiations
- Looking at key commercial concepts in term sheets or leasing proposals
- Negotiating and documenting key terms
- Considering relevant leasing case law
Presented by Jodie Masson, Partner, Massons and Joseph Consalvi, Senior Associate, Massons
10.35am to 11.20am Key Tax Issues for Property Lawyers
- Income tax regimes applicable to property transactions
- Land held as trading stock
- Land as a revenue asset
- Land as a CGT asset
- Companies, trusts & partnerships for property
- Interest deductibility
- Partitioning land
- Using options for land
- Traps and tips for options
Presented by Cameron Steele, Partner, Dentons
11.20am to 11.35am Morning Tea
11.35am to 12.20pm FIRB and Property Transactions: Update and Analysis
- Overview of FIRB framework
- Common misconceptions
- Foreign and threshold tests
- Drafting a subject to FIRB approval clause
- Tips to be aware of in property matters
Presented by Liam Thomson, Special Counsel, Baker & McKenzie and Manny Kanellis, General Associate, Baker & McKenzie
12.20pm to 1.05pm Options to Purchase Land: Recent Cases & Legislation
- Nature of options: remedies for default
- Formalities: put options and uncertainty
- Grant and Nomination: deemed assignment and stamp duty
- Exercising an option: How hard can it be?
Presented by Christopher Conolly, Partner, HWL Ebsworth; Accredited Specialist in Property Law; Author, Land Acquisitions 7th Edition, LexisNexis
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: Dennis Bluth, Senior Member, NCAT
Professional Skills
2.00pm to 3.00pm Red Flags and Dodging Bullets in Caveats
- Examine the function of a caveat
- Understand caveatable interests commonly encountered in the property law context
- How to draft caveats effectively: best practice
- Why you should file a caveat and how to do it
- Explore duties of a “subscriber” and what you need to know under the NSW Participation Rules for Electronic Conveyancing
- Understand how to deal with common mistakes and misconceptions regarding caveats
- Develop skills to identify when compensation applies under section 74P of the Real Property Act 1900 (NSW)
- Learn how to brief counsel in urgent applications to extend or withdraw a caveat
Presented by Vikram Misra, Barrister, Clarence Chambers
Ethics & Professional Responsibility
3.00pm to 4.00pm Ethical considerations in Property Law: Who is Your Client?
Join an experienced Real Property barrister in conversation about the ethical pitfalls and risks that can trip up you, your practice and your clients in the sphere of real property. Explore some real-world examples with Mr Tang, examine some key facts in each, and develop strategies to avoid getting caught in these traps. This is a perennially relevant topic of which all practitioners need some reminder in Property Law. In this session you will analyse:
- Who is the Client?: an age old issue
- Verification of identity: policies
- Is capacity of a client in issue?
- Is the client a person or a company? Proof?
- Authority to instruct: Who says?
- Ceasing to act: a cure
Presented by Kevin Tang, Barrister, Eighth Floor Wentworth Chambers
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Practice Risks that may Cause Claims Against Property Lawyers
- Professional negligence claims data and trends
- The growth in cyber assisted fraud claims
- The practice risk traps: observations from the coal face
- Practice tips and take outs
Presented by Malcolm Heath, Practice Risk Manager, Lawcover
Presenters
Kim Boettcher
Kim Boettcher is a Barrister at Frederick Jordan Chambers in Sydney. Kim practices in Equity, Common Law, Guardianship law and Wills and Estates. Prior to coming to the Bar, Kim practiced as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. She also practiced as a Solicitor at the Seniors Rights Service, an independent legal centre. She was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. Kim was appointed to the inaugural Legal Services Council in 2014 and she was reappointed from 2017-2020. She is Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021.
Gregory Sirtes SC
Gregory Sirtes practices on the 12th Floor of Wentworth & Selborne Chambers. He was called to the Bar in 1992 having practiced before then as a solicitor for 2 years. His main areas of practice are real property, construction, commercial/equity, insurance, wills & probate and professional negligence. He has been listed in Doyle’s Guide as a Leading Construction Counsel (2018, 2019, 2020) and Leading Commercial Litigation Counsel (2017). He has been a member of the Navy Reserve since 2009 and was appointed in 2018 as a Judge Advocate/Defence Force Magistrate of the Australian Defence Force.
Jodie Masson
Jodie has more than 20 years of experience in providing transactional property services including sales, acquisitions (including due diligence), project documentation, leasing and licensing, sales of distressed property, agency law, and general advisory work in the property space. Jodie has many long-term clients and frequently acts on all property legal issues for the entire life cycle of assets over many years, including the purchase, refurbishment, leasing and eventual sale of the asset. She has also managed several portfolio transactions. Jodie is engaged within the property industry and is an active member of Property Funds Australia. She was made a fellow member of the Australian Property Institute as part of the API’s Property Leaders’ Program in 2011. She has been listed for many years in “Best Lawyers®️ in Australia” in the practice area of Real Property Law (most recently for the 2023 edition) and in the Doyle’s Guide as a recommended property lawyer. Jodie was also recently named as a finalist in the category of ‘Real Estate Partner of the Year’ for the 2022 Lawyer’s Weekly Partner of the Year Awards and has been named in the “2022 Most Influential Lawyer” list published by Australasian Lawyer.
Joseph Consalvi
Joseph has more than 10 years’ experience providing legal advice on commercial real estate transactions, including sales and acquisitions, leasing, property development, general commercial property advice and property aspects of corporate and government transactions. Joseph has been involved in a range of property-related legal services for Australian and international developers, investors, property funds managers and property trusts, across a variety of asset classes, as well as advising major companies on corporate real estate matters. He also has a strong background in acting for high profile national and international brands/retailers with extensive leasehold and freehold portfolios, local government in relation to critical real estate asset transactions, developers in solar farm acquisitions across multiple jurisdictions, foreign investment advice in relation to acquisitions of land in Australia and water access licence transactions. Joseph regularly presents at Property Council of Australia Academy professional development courses, including topics such as ‘Legal Aspects of the Property Life Cycle’, ‘Commercial Leasing Documentation’ and ‘The Lease as a Strategy to Enhance Value’.Joseph is a member of the Law Society of NSW, Law Society of Western Australia, Real Estate Institute of New South Wales and Property Funds Association.
Cameron Steele
Cameron leads the Tax team at Dentons Australia. He supports his clients with thorough and clear advice and guidance on taxation strategies. With immense experience in taxation law, Cameron's diligent approach helps his clients through complex and ever-changing issues in goods and services tax (GST), stamp duty, land tax, payroll tax, the taxation of property-related transactions and the tax implications of cross-border transactions. Cameron has a particular focus on GST and on the stamp duty implications of business and property transactions across all Australian jurisdictions. His experience includes investment structures for major commercial and residential property developments; domestic and global merger and acquisition transactions, and GST and other taxation issues for financial institutions. He also advises clients with respect to tax audits and controversy. He applies his knowledge of taxation for Dentons’ corporate, real estate and banking sector clients. Cameron also advises charitable and nonprofit organizations on their compliance obligations.
Liam Thomson
Liam Thomson, Special Counsel, Baker & McKenzie. Liam has over 13 years experience providing strategic legal and commercial advice to a diverse range of leading Australian corporations, high-net-worth individuals and large family businesses as well as international corporations.
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.
Christopher Conolly
Christopher Conolly is a partner at HWL Ebsworth and has extensive experience in all aspects of commercial property law including agreements for lease, project development agreements, subdivisions and options. As an accredited specialist in property law Christopher regularly advises on complex property transactions such as in leasehold transactions, contaminated land, compulsory acquisitions, public positive covenants and planning agreements. His clients include government departments and authorities, aged care providers, urban and regional developers and corporations. Christopher is the author of the 'Options' section of Practical Legal Guidance by LexisNexis and, with Gary Newton, "Land Acquisitions" 7th Edition 2017.
Dennis Bluth
Dennis Bluth is a solicitor of the Supreme Court of New South Wales having been admitted on 11 February 1977. He is a graduate of Sydney University in Arts in 1974, Law in 1977 and Master of Laws in 1983. Dennis practises in all areas of conveyancing and finance law, as well as advising on estates and trusts. Dennis retired from the Law Society Property committee in December 2021 after over 25 years of service. He was also Chair of the Legal Practice Section 2013-2016. He has been a member of the Committee to draft the Contract for Sale of Land for 1992, 1996, 2000, 2005 and 2015 Editions. He chaired the Review Committee for the 2005and 2015 Editions, being the electronic version.. He has been Chairman of the Australian Property Law Group of the Legal Practice Section (LPS)of the Law Council of Australia, and now is the Chair of the LPS and sits as an observer at directors meetings of the Law Council of Australia. On 1 November 2008 Dennis was appointed as a part-time Judicial Member of the Administrative Decisions Tribunal, Retail Leases Division ( now as a Senior Member of NCAT) and has delivered over 25 judgments in the area of retail leases.. Dennis was made a FAPI and is a member of the Australian Valuation and Property Standards Board of the API.
Vikram Misra
Vikram was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial litigation practice, however he is frequently briefed in the areas of taxation law, property law, contract law, construction law and equity. Vikram currently contributes regular posts to Legalwise Seminars on: Caveats; Practice and Procedure; and also Arbitration and Mediation (co-authored with Sydney Jacobs - Barrister). He also presents for BenchTV and CPD for Me. Vikram is also a contributing author to the Security of Payment (NSW) section of the looseleaf Commercial Arbitration Law and Practice Service for Thomson Reuters. Vikram was previously employed as a casual academic for the University of Sydney Law Extension Committee, Sydney NSW where he marked contract law exams.
Kevin Tang
Kevin commenced his professional career as a solicitor in the large firms in Sydney practicing in commercial litigation. Prior to coming to the Bar, he was a Judge's Associate to the Hon PA Bergin and Pembroke J in the Equity Division of the NSW Supreme Court. Since coming to the Bar in 2013, appears regularly in commercial and equity matters in the Supreme Court, and takes a particular interest in real property, corporations, wills and trusts. He has acted for charitable trusts, for religious institutions and in ecclesiastical/canon law matters. Kevin is a member of the Eighth Floor of Wentworth Chambers. Outside of those areas he has appeared in appellate courts and in other jurisdictions and has tutored in contract law at the University of Sydney Law School.
Macolm Heath
Malcolm Heath was appointed Legal Risk Manager in August 2012. In this role, he conducts practice management risk reviews of law practices involving onsite visits and interviews with practice principals, employed solicitors and senior staff. Malcolm promotes risk management strategies through the Lawcover Risk Management Education Program workshops for principals, on-site at law practices' seminars and retreats, at the compulsory professional development courses of The Law Society of NSW, Regional Law Societies' CLE and other means. He also presents Lawcover's Short Minutes videos. Prior to joining Lawcover, Malcolm ran his own company for 20 years which researched and produced training programs and he consulted to the general insurance industry and the legal profession.
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