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.

Thursday, 19 September 2024
Early Bird Discount ends 2 Aug 2024 $556.50
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, Special Counsel, Pobi Lawyers

12.15pm to 1.15pm Foreign Investment Review Board (FIRB) and Foreign Surcharges: Practical Issues for Property Practitioners

 

  • Identify the residency status of your “foreign” client:  individual, company or trust?
  • When do you need a FIRB approval with the ATO and what conditions apply?
  • Latest updates on foreign surcharges for duty and land taxes including exclusions?
  • A practical case study highlighting tips and traps

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

3.00pm to 4.00pm Contract Rescission: 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
Description

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

This will be held in Sydney CBD. Details to confirmed at a later date.

 

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

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


Aaron Gadiel, Partner, Mills Oakley
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, Special Counsel, Pobi Lawyers
Ian McKnight is a Practice Group leader and widely regarded as a doyen of strata law in New South Wales. 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, Partner, Bartier Perry
Lisa To is a Partner in the Private Clients Team at Bartier Perry Lawyers and has over 20 years' experience specialising in federal and state taxation, superannuation, trusts, estate planning and business succession planning. She is a SMSF Specialist Advisor with the SMSF Association and a Chartered Taxation Advisor (CTA) with the Taxation Institute. 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. She has significant experience in property transactions involving foreign acquisitions, property development and entity structures. Lisa manages all stages of tax and SMSF disputes, reviews, audits, private ruling applications, and objections with the ATO and State Revenue authorities.


Anthony Lo Surdo SC, Eight Wentworth Chambers
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, Partner, K&L Gates
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, Lawyer, K&L Gates
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.


Harry Woods, Barrister, Tenth Floor Chambers
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, Principal, Kerin Benson Lawyers
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.


Lee-Ann Walsh, Barrister, Chalfont Chambers
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, Barrister, Frederick Jordan Chambers
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.

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

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All Sessions
Thursday, 19 September 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Early Bird Discount ends 2 Aug 2024 $556.50
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Morning Session
Thursday, 19 September 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
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Afternoon Session
Thursday, 19 September 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates