Complex Conveyancing Masterclass
Are you across the countless changes and current issues affecting conveyancing practice in NSW? Have you thought about how options affect conveyancing, or what to do when an off-the-plan disaster or dispute arises? What about the new reforms involving collective sales? Take a deep dive into the details and gain insights into all these issues and more, including analysis of critical tax changes and multi-tenant and strata building issues, all while nailing down that crucial ethics point early in the CPD year
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This conference was recorded in NSW on 5 September 2018
Session 1
Taking Control of Conveyancing Complexities
Chair: Diane Skapinker, Partner, Ashurst; Leading Leasing Lawyer and Recommended Property and Real Estate Lawyer, Doyle’s Guide 2019; Best Lawyers 2019, Real Property Law
9.00am to 9.45am: Multi-Tenanted Commercial Properties: How do You Ensure that all Property Rights are Properly Conveyed?
- Leases, licences, bank guarantees, security deposits, director’s guarantees and service contracts: What runs with the land’?
- Section 12 of the Conveyancing Act: Is it still relevant?
- Novation vs assignment: understanding the difference and which is appropriate
- Practical issues with tripartite deeds in a conveyance
Presented by Jodie Masson, Partner; Recommended Property and Real Estate Lawyer and Leasing Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Real Property Law and Ben Malone, Senior Associate, Massons
9.45am to 10.30am: Options to Purchase Land
- Nature of options: remedies for default
- Rights of pre-emption: priorities and termination
- Nomination, assignment and stamp duty
- Formalities: put options and uncertainty
Presented by Christopher Conolly, Partner, HWL Ebsworth Lawyers; Recommended Health & Aged Care Lawyer, Doyle’s Guide 2017; Best Lawyers 2019, Retirement Villages and Senior Living Law
10.30am to 11.15am: Strata and Building Issues Affecting a Conveyance
- Building defects and disclosures: Extant problems and should you tell?
- Inspection of Owners Corporation records
- The section 184 certificate: Can it be relied on?
- Special levies: paying for rectification
- Common property rights by-laws: Are you getting what you think you are?
- Unauthorised works: Is it approved and are you going to have to remove it?
- Community and neighbourhood associations: why you need to know
- Stratum developments: mixed use buildings and the problems therein
Presented by Ian McKnight, Consultant – Property & Projects, ClarkeKann Lawyers
11.15 am to 11.30am Morning Tea
11.30am to 12.15pm: The New Strata Reform Involving Collective Sales
- Changes for developers including strata plan entitlements; requirements for maintenance schedules; new limitations
- Urban Renewal including re-development or collective sale proposals
Presented by David Bannerman, Principal, Bannermans Lawyers; Director of Strata Community Australia (SCA) NSW; Best Lawyers 2019, Construction/Infrastructure Law
12.15pm to 1.15pm: UNDERSTANDING RECENT TAX CHANGES: Key Tax Changes Affecting Property Investors and Developers
- Stamp duty
- Land tax
- GST
- Capital gains tax withholding
- Deductions clampdown
- Issues impacting foreign investors
Presented by Philip Diviny, Consulting Principal, Keypoint Law
Session 2
Managing Conveyancing Conflicts, Disputes and Ethical Issues
Chair: Marcus Andrews, Principal, McCabes Lawyers
Ethics & Professional Responsibility
2.00pm to 3.00pm: Ethical Issues in Conveyancing: a Course in Insomnia Prevention
- What duty does a property lawyer owe and to whom? The implied retainer
- Who is my client?
- Companies, trusts and other set-ups
- The client you never see
- Certifications in relation to a client: VOI, the Client Authorisation and the Right to Deal
- The client who isn’t your client
- Acting for more than one party
- What do the practice rules require?
- Resolving conflicts and the temptation not to
- The consequences of the unresolved conflict
- Dealings with other practitioners
- The no-contact rule
- Professionalism in practice: language, discretion, emotion, honesty and communication
- The unintended consequence of the photocopier and computer; the inappropriate use of precedents
- Dealings with your client
- Costs: s174 Legal Profession Uniform Law (2014) and the importance of the proposed course of action’
- Honesty
- Communications: how, when and why
Presented by Peter Rosier, Principal Solicitor, Rosier Partners
3.00pm to 4.00pm: Off the Plan Conveyances: What Happens when it all Goes Wrong?
- Financier perspective
- The deposit
- Bank and personal guarantees
- Multiple properties
- Sales that are not at arm’s length
- A greater than permitted percentage of purchasers requiring FIRB approval
- Sunset clauses
- Homeowners Warranty Insurance certificates
- Contracts, rescission and insolvency
- Problems from a Developer/Purchaser’s perspective
- Changes to building and finishes
- Failure to obtain development approval or a modification
- Requirement for an occupation certificate
- Right for a project manager to certify an extension of time
- Rescission of contracts for failure to achieve Sunset Date
- Defects liability
Presented by Steve Healy, Senior Partner & Australia Region CEO, Dentons; Best Lawyers 2019, Real Property Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Supreme Court Practice Note, SC Eq 12, Dealing with Real Property Matters
- The background to the Practice Note
- The terms of the Practice Note
- Areas of subject matter of the Practice Note
- Practical issues
Presented by Christopher Palmer, Barrister, 5 Selborne Chambers
Paper Prepared by Andrew Bulley, Barrister, 5 Wentworth Chambers