[HS] Conveyancing Summit: Evolving Strata, Land Use, FIRB & Contractual Challenges

Don’t let yourself or your client be exposed! Stay vigilant and informed across recent amendments to strata legislation, the Home Building Act, FIRB, and the government’s recent steps to adjust land use planning policies. Get proactive and avoid costly errors by unpacking purchaser rights, vendor liability, and contract claims intricacies. From breaches in regulations to missed opportunities and disputes, neglecting these crucial aspects can jeopardise any conveyancing transaction. 249N15

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

Session 1

New Legislative Updates in Conveyancing: FIRB, Strata, Land Use & Certificates

Chair: Harry Woods, Barrister, Tenth Floor Chambers

9.00am to 10.00am An Update on the Latest Strata Legislation Impacting Conveyancing Transactions

  • A wealth of changes have been made to the Strata and Community Title legislation that will affect property transactions including:
    • New recording keeping requirements including electronic record keeping (and tips on carrying out a strata search, requirements to provide notice of tenants & changes on how notices are to be served
    • New provisions enabling emergency levies to be raised and restrictions on insuring expenses
    • Changes on the keeping of animals in schemes
    • Changes to meeting voting rights, meeting notice time frames and timeframe for the developer to provide information for new schemes
  • Tips and traps on Strata Hub and its use during a conveyance

Presented by Allison Benson, Principal, Kerin Benson Lawyers

10.00am to 11.00am Land Use Planning Policy Update

Very significant steps have been taken by the NSW State Government in the last 6 months to facilitate the development of affordable and mid to high rise density developments near transport hubs. Receive a detailed breakdown of key areas to watch and consider what this means for your conveyancing practice:  

  • The ‘Transport Orientated Development Program’
  • Affordable Housing
  • Dual occupancy development

Presented by Aaron Gadiel, Partner, Mills Oakley; Recommended Town Planning & Development Lawyer, Doyle’s Guide 2023

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Home Building Act Amendments: The Latest on Certificates & the Impact on Contract for Sale of Land

  • Recent amendments to the Home Building Act, focusing on the
    • Critical updates surrounding certificates
    • Their profound implications on the Contract for Sale of Land
  • Gain clarity on compliance requirements
  • Understand how these changes reshape the landscape for Conveyancers

Presented by Ian McKnight, Consultant, Sarvaas Ciappara Lawyers

12.15pm to 1.15pm FIRB and Foreign Client Issues: The Effect on Purchasing Property

  • Identifying the residency status of your foreign or temporary visa client
  • Completing verification of identity locally or overseas
  • What type of property is being transacted and what property taxes apply to a sale or purchase
  • Is Foreign Investment Review Board (FIRB) approval required?
  • What exemptions/surcharges apply?
  • Potential traps/issues for practitioners

Presented by Lisa To, Partner, Bartier Perry; Recommended Tax Lawyer, Doyle’s Guide 2023

Session 2

Mastering Contractual Complexity: Vendor and Purchaser Claims

Chair: Anthony Lo Surdo SC, Eight Wentworth Chambers

2.00pm to 3.00pm Making and Dealing with a Claim Under Clause 7.1.1 of the Contract

  • What does clause 7.1.1 say?
  • What is the purpose of clause 7.1.1?
  • In what scenarios can a purchaser make a claim under clause 7.1.1?
  • What constitutes and does not constitute a claim under clause 7.1.1? Consider case examples and what the threshold is in case law rulings as well as what requirements will need to be satisfied in order to make a claim)
  • How can a purchaser make a claim under clause 7.1.1?
  • How can the vendor's solicitor deal with a claim made under clause 7.1.1 by a purchaser?
  • How can the purchaser's solicitor deal with a claim that the purchaser is intending to make under clause 7.1.1
  • Consider cases and examples where purchasers have made a claim for more than 5%?

Presented by Jennifer McCosker, Partner, K&L Gates and Christina Tohme, Lawyer, K&L Gates

3.00pm to 4.00pm Contract Recission: Unpacking the Rights of the Purchaser

Benefit from a detailed session and learn to navigate potential rescission scenarios with confidence as you unpack:

  • Power to rescind Contracts for Sale
  • Off the Plan Contracts under the Conveyancing Act 1919
  • Rescission vs repudiation
  • Common circumstances for rescission
  • Review key cases

Presented by Lee-Ann Walsh, Barrister, Chalfont Chambers

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Vendor’s Liability in Respect of Defects in Quality Under the Tort of Deceit

A vendor of real property is usually not liable to a purchaser for defects in quality and those defects are treated as caveat emptor (buyer beware). Examine:

  • How a vendor can be liable to pay damages to a purchaser under the tort of deceit in respect of defects in quality
  • Representations or conduct that deceive a purchaser as to defects in quality or preclude the purchaser from being able to observe defects which would have otherwise been apparent on an ordinary inspection
  • How loss and damage is quantified in such actions
  • Cases will be canvassed to give examples of how this liability on vendors can arise

Presented by Tony Di Francesco, Barrister, Frederick Jordan Chambers

 

Presenters

Harry Woods
Harry maintains a diverse practice, regularly representing clients across a broad spectrum of commercial law matters. His extensive practice extends to acting in general commercial disputes, building and construction, administrative law, employment and industrial law, consumer law and trade practices disputes, as well insolvency and bankruptcy matters. He has also developed expertise in judicial and merits reviews of decisions involving applications pursuant to the National Health Act for approvals to supply pharmaceutical benefits.Appearing predominantly in New South Wales, and occasionally interstate, the jurisdictions in which Harry has gained experience includes the Federal Court of Australia, including the Full Bench of the Federal Court, Federal Circuit Court, Administrative Appeals Tribunal (Cth), Fair Work Commission, Supreme Court of New South Wales and New South Wales Court of Appeal, District and Local Courts of New South Wales, Industrial Relations Commission (NSW) and the New South Wales Civil and Administrative Tribunal (NCAT) including the NCAT Appeal Panel.A hard-working and approachable barrister, Harry’s commercial and strategic approach is to also consider the cost and financial position of the client when providing advice and/or representation. Complementing his litigation practice, Harry has an  appreciation for the variety of ways in which disputes can be resolved and has appeared as both counsel and mediator in disputes and his strong commercial and legal mindset sees him providing practical, cost-effective and efficient advice. 

Allison Benson
Allison is a strata & community titles lawyer who has provided general advice, acted in disputes, including building defect disputes, and worked with clients in preparing and enforcing by-laws and strata management statements since 2008. From 2012, Allison has acted exclusively on behalf of owners corporations, associations and lot owners in respect of providing advice and acting in strata and community association disputes and also in respect of building and construction disputes. 

Aaron Gadiel
Aaron is a well-known planning and environment law specialist - with more than 20 years' experience in land use planning and development regulation. Aaron provides practical advice to facilitate urban development and to overcome red tape. He is also an experienced litigator - representing property developers and landowners in Land and Environment Court proceedings on a daily basis. Aaron regularly negotiates major planning agreements with local councils and state government agencies. Aaron advises and represents property developers, certifying authorities and public sector organisations. Aaron was a member of the Law Society’s Environmental Planning and Development Committee from 2009 to 2016. 

Ian McKnight
Ian McKnight is a Practice Group leader and widely regarded as a doyen of strata law in New SouthWales. His standing has been earned over the course of a 43 year career bestriding property law and strata management. Unique amongst property lawyers, Ian is a genuine specialist. Strata and community title law is not a part time pursuit, it forms the core of his day-to-day legal practice. He brings firsthand experience of the strata challenges to his advice from his time as a director of a corporate strata management firm.  A sought after keynote speaker, Ian provides regular education sessions to the Real Estate Institute of Australia and on occasion to Strata Community Australia. He publishes widely on the subject of strata law. Ian counts among his clients strata managing agents, owners corporations, developers, building managers, property professionals, real estate investors and regulators.

Lisa To
Lisa To is a Partner in the Private Clients Team at Bartier Perry Lawyers and has over 15 years' experience specialising in federal and state taxation, superannuation, trusts, estate planning and business succession planning.  She is a SMSF Specialist Advisor T with the SMSF Association and a Chartered Taxation Advisor T (CTA) with the Taxation Institute of Australia.  Lisa holds a double degree in law and accounting and Masters of Tax from the University of Sydney.  Lisa  sits on the NSW Law Society and Revenue NSW liaison committee and is actively involved with SMSF, tax education and promoting women leadership. She has significant experience in property development and business transactions involving SMSFs, trust structures and borrowing arrangements.  Lisa manages all stages of tax and SMSF disputes, reviews, audits, objections, SMSF specific advice and private ruling applications with the ATO including seeking Commissioner discretion

Anthony Lo Surdo SC
Anthony Lo Surdo SC was called to the Bar in 1996, having previously practiced as a solicitor since his admission as a legal practitioner in 1987. He was appointed as Senior Counsel in 2011.  Anthony is admitted to practice in NSW, Vic and Qld and otherwise qualified to appear throughout Australia. He practices from 12 Wentworth Selborne Chambers, Sydney, Lonsdale Chambers, Melbourne and Outer Temple Chambers, England and UAE. Anthony specialises in banking, contract, commercial, corporations, equity, professional indemnity, insurance, insolvency, property and sports law.  He is described in Doyle’s Guide to the Australian Legal Profession in 2015-2020 as one of the country’s leading insolvency and reconstruction Silks. He is accredited as a mediator under the National Mediation Accreditation System and as an Advanced Mediator by Resolution Institute. He is also certified by the International Mediation Institute and the Singapore International Mediation Institute. He has been rated by Doyle’s Guide in 2017-2020 as a leading mediator in NSW. Anthony is accredited as a Grade 1 Arbitrator and is a Fellow of the Chartered Institute of Arbitrators, of Resolution Institute and of the Australian Centre for International Commercial Arbitration. Doyle’s Guide described him in 2019 and 2020 as one of the country’s leading arbitration Senior Counsel. He is a panel member of several leading world arbitral institutions. He has a particular interest and experience in sports law which has been recognised by his appointment as an arbitrator and mediator of the Court of Arbitration for Sport and other International, National and State Sports panels including Sport Resolutions (UK), the ITF Independent Tribunal, the National Sports Tribunal, the Racing Tribunal (NSW), the FA Appeals Committee, the FA Disciplinary & Ethics Committee, the Football NSW Appeals Tribunal and the AFL Appeals Board (NSW). He is also an NRL Judiciary Counsel. Anthony is also a part-time Senior Member of NCAT sitting in its Appeal Division and its Consumer and Commercial Division (For further information or to view or download a CV see: www.silkmediator.com.au or www.12thfloor.com.au/barristers/senior-counsel/anthony-lo-surdo-sc.html).

Jennifer McCosker
Jennifer is a partner in the Real Estate team at K&L Gates. Jennifer advises on private and public real estate, corporate real estate and private equity transactions including acquisitions, disposals, real estate finance, leasing and development matters. She has a particular focus on sales and acquisitions for commercial, retail, industrial and mixed-use properties, real estate finance, property due diligence, commercial and retail leasing, and large-scale development and construction projects. 

Christina Tohme
Christina is a lawyer in the Real Estate team at K&L Gates. Christina has experience in a variety of property related matters. She has acted for some of Australia's leading landlords and tenants, Real Estate Investment Trusts, large property development companies and government entities. Christina has worked closely with clients in expanding their leasing portfolio's across multiple jurisdictions in Australia. In particular, she has assisted in drafting, negotiating and providing advice to clients in relation to their commercial, industrial and retail leasing assets. Christina also has experience in large scale capital transactions, mixed-use developments, strata and residential property development work and preparing high level due diligence reports for landlords and lenders.

Lee-Ann Walsh
Called to the bar in 2012, Lee-Ann practices in a diverse range of areas, specialising in real property and commercial disputes. She appears in interlocutory and first instance hearings, Court of Appeal matters and mediations. Her clients include government regulatory bodies such as the Registrar General of NSW and local councils, as well as owners corporations and private individuals. Since coming to the bar, Lee-Ann has also appeared in the High Court in key property and commercial cases and in ICAC. Lee-Ann is currently the Editor of Hallmann’s Legal Aspects of Boundary Surveying. 

Tony Di Francesco
Tony practiced as a solicitor at Home Wilkinson Lowry (now HWL Ebsworth) from June 2005 – June 2007, and previously at Michell Sillar Attoneys from 2000-2005. From 1999 until early 2000, Tony was Tipstaff to The Honourable Mr Justice R. L. Hunter, (Supreme Court of NSW) and previously worked as an Equal Employment Oppourtunity Officer at NSW TAB/TAB Ltd in 1998.Tony holds a Bachelor of Commerce (Accounting) and an LLB from the University of New South Wales.

Venue

Cliftons - Margaret St
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Sydney 2000
NSW
Australia

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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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