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
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