Property Law Conference

Are enduring problems like council planning controls, airspace rights and adverse possession holding up your property law practice? Don’t miss your chance to decode planning controls, work through agreements for airspace rights and crane access, fortify essential principles for drafting easements and explore cases of adverse possession in this knowledge boosting session. Plus, lock down your core area CPD points and ensure compliance. 243N08

Description

Attend and earn 7 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
2 units in Professional Skills

This program is based on NSW legislation

Session 1

Property Problems: Adverse Possession, Easements, Air Space & Councils

Chair: Philip Wallis, Barrister, Wardell Chambers

Professional Skills
9.00am to 9.25am PROPERTY PULSE: MARKET SNAPSHOT

In an ever-evolving property market, it’s vital you keep up with changing dynamics to recalibrate your strategy where needed. Optimise your property law practice as you:

  • Consider the impact of higher interest rates and inflation on all sectors
  • Examine office and industrial property trends and consider the impact on your property practice
  • Explore the changing property investment landscape and the growth of emerging sectors like build-to-rent

Presented by Chris Naughtin, National Director, Capital Markets – Research, Savills Australia

Professional Skills
9.25am to 10.10am Understanding Council’s Planning Controls: An Expert’s Guide

  • Analysing Council’s planning controls and why they are so complex
  • Case studies on inconsistencies
  • Tips for navigating the red tape

Presented by Eli Gescheit, Director, Navon Planning

10.10am to 11.05am Air Space Rights, Crane Swing, Rock Anchors and Scaffold Access

  • Summary of the law regarding air space rights
  • Who owns how much of the airspace?
  • Entry into another’s airspace and trespass
  • Construction considerations: crane access and trespass issues
  • Reaching an agreement with neighbours regarding crane access and drafting a Crane Access License

Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers

11.05am to 11.20am Morning Tea

11.20am to 12.20pm Easements, Rights and Covenants

  • Essential principles for drafting easements
  • Drafting easements for Real Property Act land: The impact of the Westfield decision
  • Existing structures and development rights
  • Repair and maintenance covenants and sharing expenses: Does Aust-One Investment help?

Presented by Christopher Conolly, Partner, HWL Ebsworth; Accredited Specialist in Property Law

12.20pm to 1.20pm Adverse Possession

  • Summary of the law of adverse possession
  • Adverse possession as a shield and as a sword
  • What breaks the limitation period?
  • Adverse possession against the Crown

Presented by Ingrid King, Barrister, Tenth Floor St James Hall Chambers

Session 2

Ethics, Professional Skills & Practice Management for Property Lawyers

Chair: Patricia Monemvasitis, Partner, Carroll & O’Dea Lawyers

Ethics & Professional Responsibility
2.00pm to 3.00pm Unravelling Ethical Issues for Property Lawyers

  • Everyday issues facing property lawyers: Identification, authority, and undertakings
  • Acting for both sides: Conflict policy and management
  • Some cases and scenarios: Family arrangements, joint ventures, costs agreements and caveats

Presented by Patricia Lane, Barrister, Level 22 Chambers; Senior Lecturer in Property Law, The University of Sydney; Co-author of Sale of Land in NSW: Commentary and Materials 5th edition, Thomson Reuters 2010

Practice Management & Business Skills
3.00pm to 4.00pm Protecting Your Property Law Practice from Cyber Attacks and Actioning Your Cyber Risk Response Plan when Attacked

  • The evidence: cyber-attacks against law firms that become claims
  • Typical attacks and identifying vulnerabilities
  • Implementing your critical cyber incident response plan

Presented by Malcolm Heath, Practice Risk Manager, Lawcover Insurance Pty Ltd

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm PANEL DISCUSSION: Running a Successful Property Law Practice

An interactive panel discussion on the skills needed to ensure a thriving property practice.

  • Timely and efficiently completing property transactions
  • Communicating effectively with clients, counsel and other parties & more

Panelists:
Marie Boustani
, General Counsel – Head of Legal, Hampshire Property Group
Ratnadeep Hor, Partner, Turks Legal

Presenters

Philip Wallis
Called to the Bar in 2012 and with a wealth of prior experience as a Partner of a law firm and General Counsel for a retail property development group, Philip maintains a mixed practice that is centred on commercial law, equity, real property, wills and estates and family provisions matters. He accepts briefs from both law firms and in-house legal departments and having worked in these environments, has a deep appreciation for their legal and commercial imperatives. Primarily appearing in the Supreme Court of New South Wales, almost exclusively unled, Philip is regularly briefed in disputes in which wills are challenged, as well as family provisions and general equity cases, such as the enforcement of equitable estoppel and general contractual disputes. He has also appeared in a range of matters in the Federal Court of Australia, Supreme, District and Local Courts of New South Wales, Federal Magistrates Court and various Tribunals. Notably, Philip has also been briefed in a group action for members of the Stolen Generation against the State of New South Wales. Philip draws on the experience he has gained from his extensive litigation practice of almost 35 years in senior capacities in both law firms and in-house legal departments to offer superior advice and representation to his clients. In private practice, he acquired extensive litigation experience acting for individual clients in common law personal injury claims and general commercial matters. He also acted in local council prosecutions and for institutional and corporate clients in the Supreme and District Courts of New South Wales, including enforcement of mortgages and recovery of possession of land. His prior experience as General Counsel for a retail property development group encompassed advising on property transactions, retail and commercial leases, general corporate and commercial advice, complex property development agreements, as well as retail and commercial lease disputes. An astute negotiator with highly developed interpersonal skills, Philip deploys his skills to achieve the most cost-effective and efficient outcome for his clients when representing them at mediations. He has also conducted mediations as a Mediator. Philip holds a Graduate Diploma in Company Secretarial Practice from the Chartered Secretaries Australia (now, Governance Institute of Australia), as well as a Master of Laws and Bachelor of Laws from the University of Sydney.

Chris Naughtin
Chris Naughtin is a property economist, specialising in macroeconomic and capital markets research. Chris started his career as an economist at the Reserve Bank of Australia in 2007, where he worked for 8 years in the Bank’s financial markets and monetary policy departments. He left the RBA to work at an investment consultant, providing advice on asset allocation and investment strategy to some of Australia’s largest superannuation funds. Chris transitioned to a career in the commercial property sector in 2018, firstly at Knight Frank Australia, focusing on macroeconomic and capital markets research, and office market research and forecasting. Currently, Chris works for Savills Australia & New Zealand as the National Director for capital markets research, assisting with research on key macroeconomic and investment market trends in commercial property.

Eli Gescheit
Eli Gescheit is an experienced urban planner with over 14 years working in various Councils and consultancies, including Waverley and Georges River Councils, and at Australia’s largest planning consultancy, Urbis. Eli knows the ins and outs of Councils, while also understanding client’s requirements. He specialises in DA approvals and property development advice. He possesses exceptional negotiating skills and appears as an expert witness before the NSW Land & Environment Court. Eli is also a sought after speaker on urban planning in NSW. He believes in sharing his wealth and has presented to numerous groups including architects, interior designers, landscape architects, property developers, property lawyers, and mum and dad investors.

Sydney Jacobs
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and part authors the leading loose-leaf service Commercial & International Arbitration.

Christopher Conolly
Christopher Conolly is a partner in 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.

Ingrid King
Ingrid King was admitted to the legal profession in 1994, she was then admitted as a Barrister in NSW in 2012. She practises in commercial, public and environmental litigation. She regularly appears for companies, insolvency practitioners, directors and government entities in State and Federal courts. Ingrid has a strong background in corporate law (including insolvency), regulatory law, and statutory interpretation. In addition, she appears in judicial review proceedings in the Federal Court. While frequently led by senior counsel, Ingrid also appears unled, including at an appellate level. Ingrid also appears (both led and unled) at inquiries and Royal Commissions and has taught Securities Regulation at UTS since 2011. Prior to coming to the Bar, Ingrid worked in compliance in the financial markets, as a litigation solicitor and as in-house counsel. She is an ARITA member and is the NSW Chair, Insolvency and Restructuring Committee of the Law Council of Australia.

Patricia Monemvasitis
Over 30 years, Patricia Monemvasitis has practised as a commercial and property lawyer. With combined degrees in accounting, finance and law, she has helped build Carroll & O'Dea Lawyers' property, business and not-for-profit law practice since she joined the firm in 2004. Patricia advises a diverse range of clients, including not-for-profit organisations (including schools), small to medium sized entities, property developers, landlords Patricia helps her clients with their overall governance advice and restructuring, and business asset restructures, as well as business asset acquisitions and sales. She has been involved in all stages of transactions, including contract drafting and negotiation and due diligence reporting. She has extensive experience in managing intellectual property issues arising during acquisitions and sales of businesses, amalgamations, restructures, collaborations and joint ventures. Patricia also specialises in the commercialisation and protection of intellectual property: namely trademarks, copyright, designs, confidential information and trade secrets. Patricia's property experience includes advising on property development and transfers and leasing, both retail and commercial (including or educational use).

Patricia Lane
With more than 20 years’ experience as a barrister and having been practising the law for almost 40 years’, Patricia has special expertise in all areas of land law, including native title and environmental law. Since commencing practice at the Bar, Patricia has appeared in many property and equity cases in the Supreme Court of NSW and in native title matters in the Federal Court. Before being called to the Bar, Patricia worked as a researcher and lecturer at Sydney University, as an Associate and as Senior Deputy Registrar in the Federal Court of Australia, and was the first Registrar of the National Native Title Tribunal. Patricia is a senior lecturer at The University of Sydney, and teaches Contracts, Real Property, and Legal Interpretation. She is a co-author of Sale of Land in NSW: Commentary and Materials 5th edition, Thomson Reuters 2010.

Malcolm 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.

Marie Boustani
Marie Boustani is Chief Legal Officer at Hampshire Property Group. Prior to joining  Hampshire Property Group, Marie was legal counsel at Endeavour Drinks Limited. Marie has extensive property experience in-house and in private practice. Marie previously worked at BBRC as Head of Lease Administration and at Stockland as National Leasing Administration Manager until November 2013 and then joined Stockland Group Legal as National Leasing Legal Officer. Marie is a trained mediator.

Ratnadeep Hor
Ratnadeep (Dip) is a Partner in the Turks Commercial Disputes & Transactions team specialising in property and commercial law. Dip returned to TurksLegal as a Special Counsel in March 2017 and was promoted to Partner in July 2018 after several years as a Legal Counsel at Stockland Property Group. Dip has extensive experience in providing legal advice to various corporations and institution, including listed entities, large corporations (national and international), REITs, property developers, retailers, insolvency practitioners and lending institutions. Dip, with his several years of in-house experience, brings a different perspective to legal solutions and provides client focused and practical advice efficiently and cost effectively.

Venue

Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia

Parking not included with registration. Possible options:

Met Centre, Jamison St - Rates Click here

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Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)

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Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements

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Issues covered include: Informal wills, Succession, Beneficiaries, Testators, Recent cases, Superannuation, Succession Law and Family Law, contested Probate, Undue Influence, Claims for adult children.

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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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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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