Conveyancing Conference
The Queensland eConveyancing mandate is fast approaching - don’t be caught out. Receive best practice advice and walk away with an inventory of practical approaches across a range of conveyancing issues including buying and selling into strata schemes, tax, dealing with things getting in the way of completion, insurance, issues of breach, and termination of contract sales. Keep your practice on the right foot all while gaining all your compulsory CPD units! WEB233Q03Z
Description
Attend and earn 7 CPD units including:
3 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
2 units in Professional Skills
This program is based on QLD legislation
Session 1
Conveyancing Risks and Practical Approaches
Chair: Warren Denny, Partner, Piper Alderman
9.00am to 9.45am Buying and Selling into Strata Schemes
Understand the intricacies of selling and purchasing into strata schemes by understanding how they are operated and managed. Explore relevant case law that presents the importance of understanding management and operation of strata schemes.
- Legal basis for strata operation & management
- Community, risk and financial management
- Case studies
- FAQs in buying and selling into strata schemes
Presented by Matthew Derrick, Partner, Norton Rose Fulbright
Professional Skills
9.45am to 10.45am Tax Issues in Conveyancing
- Tax changes and updates your property and business law clients will expect you to know
- Key points on GST and property, including the GST withholding regime
- Issues with non-residents buying, selling, and owning real property: CGT, stamp duty and land tax
- Current issues with land tax and stamp duty: what the SRO is looking at
Presented by Mark Reynolds, Partner - Tax Advisory, Findex
10.45am to 11.00am Morning Tea
11.00am to 11.45am Dealing with Things Getting in the Way of Completion
- Substantially damaged land
- Title defects and the contract’s subject matter
- Claims and purchaser remedies
- Latent and patent defects
Presented by Tony Biggar, Solicitor
11.45am to 12.30pm Breach and Termination of Contract Sales
- Termination under building reports
- Do you need to tender: how does PEXA affect this
- Waiver of time of the essence and re-establishing the essentiality of time
- Termination at general law for repudiation
- Forfeiture/recovery of the deposit and penalties
- Section 64 Property Law Act: when is a house unfit to live in
- What constitutes vacant possession
Presented by Roland Taylor, Director, Statewide Conveyancing
12.30pm to 1.15pm All Your Conveyancing Clients Need to Know About Insurance
- Types of insurance policies
- Standard cover and sub-Limits
- The insured’s duty to disclose
- Claiming on the policy and the insurer’s duty of utmost good faith
- Dispute resolution
Presented by Ross Lee, Principal, Lee Lawyers; Author, Insurance chapter, Queensland Law Handbook
Session 2
Ethics, Professional Skills & Practice Management For Conveyancing
Chair: Warren Denny, Partner, Piper Alderman
Practice Management & Business Skills
2.00pm to 3.00pm 5 Things Your Purchaser Clients Really Want to Know
Discover whether your people, systems and processes are meeting the mark.
Every property practitioner should address these 5 critical matters when acting for buyers. Failure to do so may result in professional indemnity insurance claims and/or unhappy clients.
Presented by Simon LaBlack, Director, LaBlack Lawyers Pty Ltd; Accredited Specialist in Property Law
Professional Skills
3.00pm to 4.00pm Queensland eConveyancing Mandate
- What documents must you lodge through an Electronic Lodgment Network Operator (ELNO)?
- What are the exemptions and how are these working in practice: tips, tricks, and traps
- Where to from here for Queensland?
Presented by Emile McPhee, Special Counsel, McCullough Robertson
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm 10 Commandments of Conveyancing
- Thou shalt not act for both parties
- Thou shalt not act for a client when you are the other party
- Thou shalt not tell fibs
- Thou shalt not communicate with the other (represented) party
- Thou shalt not dip into your trust account
- Thou shalt not take on matters where you have no experience
- Thou shalt not reward referring estate agents
- Thou shalt not kill a contract unconscientiously
- Thou shalt not outsource your services without considering the risks involved
- Thou shalt not get stressed out of your brain
Presented by Tim O’Dwyer, Consultant, Public Notary; author, Real Estate
Presenters
Warren Denny
Warren is the National Head of Real Estate at Piper Alderman. He has over 30 years’ experience acting for clients on a wide variety of real estate transactions and leads a large team of lawyers in the Brisbane office. Warren is a transaction lawyer highly skilled in the preparation and negotiation of all common real estate transactions, including leasing, acquisition and sales. Warren's capability extends to more complex transactions such as development and fund through agreements, put and call options, large commercial property transactions, strata title residential, commercial and mixed use developments, receiver and mortgagee sales, joint venture agreements, title structures, staged developments and real estate dispute resolution. Warren acts for clients across all sectors of real estate, including property development, real estate investment trusts, funds management, air and sea ports, large format retail centres, commercial office, business parks and community title. Warren also has experience in the sale and purchase of business assets subject to leases, predominately in the health industries such as medical and dental. Warren is a Queensland Law Society accredited specialist in Property Law and has been recognised by The Best Lawyers in Australia in the field of Real Property Law from 2015 to 2020.
Matthew Derrick
Matthew Derrick is a property Partner based in Brisbane. Matthew advises on property and infrastructure development, land tenure and title issues, acquisitions and disposals, as well as structuring complex tenure and management regimes for mixed use projects. He is acknowledged for his expertise and involvement in some of Australia's most complex and innovative community title and volumetric deals.
Mark Reynolds
Mark Reynolds, CTA, is a Tax Partner in Findex Brisbane with over 23 years' experience in providing tax advice to the firm’s clients on all aspects of their business cycle. Mark typically assists SME’s clients in the primary production, property, and retail sectors by working closely with the Findex Family Office teams to bring together the commercial, accounting, and tax skills necessary to provide practical tailored solutions to issues. Mark also specializes in assisting SME and not-for-profit clients on indirect tax matters, from establishing charitable funds through to advising on FBT, GST, DGR, and other associated tax matters. Mark is the sole author of Findex’ GST Guide for Schools since 2000 (now in its 5th edition) and regularly provides training for clients and accounting bodies on tax related matters.
Tony Biggar
Tony Biggar was admitted as a Solicitor in 1984. From 1986 to 1998 was the principal of a firm in Monto, Central Queensland. From 2000 to June 2014 Tony was a partner in BM Law, Strathpine and from 2014 to November 2019 was a Legal Practitioner Director with Big Law Pty Ltd and from November 2019 to July was a consultant to Big Law Pty Ltd. Tony now carries on practice as a sole practitioner. Tony practices predominately in property law, commercial law and wills and estates. Tony has been a member of the Property Law and Practice Committee of the Queensland Law Society since 2001 and has presented several papers at Property Law Seminars.
Roland Taylor
Roland Taylor was admitted in 1993 to the Supreme Court of Queensland and the High Court of Australia. Roland practiced in the area of Commercial Litigation until 2000 before taking over Statewide Conveyancing the residential conveyancing division of Mckays Solicitors. He was made a partner of Mckays Solicitors 2003. Roland has regularly presented at Seminars for Solicitors each year since 2004. He is the author of the legal text book Agent’s Handbook.
Ross Lee
Ross Lee is principal of Lee Lawyers, Gold Coast and a Notary Public. The firm has particular experience in insurance, building & construction, property, small business, estates and insolvency law. Formerly an insurance underwriter and loss adjuster, Ross Lee remains an ANZIIF certified insurance professional. He is the Insurance chapter author of the Queensland Law Handbook. Ross is a Queensland Law Society senior counsellor, founding president of My Community Legal and Society of Notaries Queensland councillor.
Simon LaBlack
Legal Practitioner Director for LaBlack Lawyers Pty Ltd, Simon practises exclusively in Property Law in Queensland. In 2017, he became one of the few Accredited Specialists in Queensland Property Law. He assists organizations and private clients in all property law related matters including property acquisitions and disposals, commercial property matters including leases, developments, transactions and disputes, subdivisions and developments and compulsory acquisitions. He has acted as a specialist consultant to the profession and as a Court-Appointed Statutory Trustee for Sale.
Emile McPhee
Emile is a Special Counsel in our Banking & Finance and Property teams, with specializations in property finance, retirement living and affordable housing (including SDA). His skills across both finance and property, prior experience in private client structuring and understanding of commercial drivers, present a holistic offering for his clients. In the finance space, Emile acts for both lenders and borrowers on property finance arrangements, including high rise and flat land developments; retail, commercial and industrial leasing portfolios; retirement village, aged care and land lease communities; and social and affordable housing including specialist disability accommodation (SDA). He acts for a number of major banks, as well as a number of other banks, non-institutional and private lenders, on all aspects of their financing arrangements, from deal structuring to documentation and due diligence, for transactions ranging from $5 million to over $250 million. In the property space, Emile has specializations in acting for community housing providers, as well as SDA and supported independent living providers, on all aspects of property and funding arrangements. He also acts for retirement village scheme operators in all aspects of retirement villages (including acquisition and leasing). Emile also has significant experience in retail and commercial leasing, acquisitions and disposals, fund through arrangements and property structuring and management.