Conveyancing Fundamentals

This step-by-step guide to conveyancing will see you handle your next conveyancing transaction with ease. From the latest updates to contract formation to pre-purchase due diligence, the exchange of contracts, and to avoiding common errors post settlement. Walk away with practical solutions to real conveyancing problems. Join us for a valuable practice and procedure walkthrough.

Wednesday, 5 June 2024
Chair

James Harding, Legal Practice Director, Harding Property law

Description

Attend and earn 3 CPD units including:
1.5 units in Substantive Law
1.5 units in Professional Skills 

This program is based on QLD legislation

2.00pm to 2.45pm Exploring The Key Provisions of the New Property Law Act 2023 in Queensland


The Property Law Act 2023, which passed in Parliament in October last year, will replace the Property Law Act 1974 (Qld), signalling a significant shift in the framework for property owners and buyers in Queensland. The primary objective of the new Act is to update property legislation and integrate insights from a comprehensive report by the reputable Commercial and Property Law Research Centre at QUT. Matthew Russell will delve into the implications and intricacies of the Act, focusing on the following key provisions:

 

  • Introduction of a New Seller Disclosure Regime
    • Stepping away from Queensland's long-standing "buyer beware" stance, this pivotal shift enhances the responsibilities of sellers, obligating them to disclose crucial information to buyers prior to contract signing. This includes delivering comprehensive property searches and detailed data. This transition not only redefines seller duties, but also brings Queensland's property legislation into closer alignment with established disclosure practices in other states such as New South Wales and Victoria
  • Leases: New Statutory Requirements
    • The Act introduces clear directives for landlords on managing requests to transfer leases. It also provides a mechanism for relieving tenants and guarantors from future liabilities following such transfers
  • 'Extension for Disaster' Provisions
    • These new provisions offer a more flexible approach to the stringent "time of the essence" principles that typically govern property transactions, particularly beneficial in times of disaster
  • Preventing Unintended Instalment Contracts
    • The Act introduces measures to mitigate the unintentional creation of instalment contracts, leading to more certainty and smoother property transactions

Presented by Matthew Russell, Principal, McInnes Wilson Lawyers

2.45pm to 3.30pm The Contract Formation

 

  • Contract for Sale of Land
    • Special conditions
  • Issues surrounding the deposit
  • Electronic exchange

Presented by Peter Brennan, Senior Associate, Allens; Property & Real Estate Law Rising Star, Doyle’s Guide 2023

3.30pm to 3.45pm Afternoon Break
Testimonials

“Helpful introduction to the processes in conveyancing”

Professional Skills
3.45pm to 4.30pm Exchange of Contracts: Best Practice

 

  • Steps at exchange of contract
  • Cooling-Off legislation
  • Purchaser’s pre-completion searches
  • What are the time obligations?

Presented by Despina Priala, Director and Legal Practitioner, Priala Legal Pty Ltd

Professional Skills
4.30pm to 5.15pm Pre and Post Settlement: Avoiding Common Errors

 

  • Settlement adjustment conundrums
  • Pre-settlement inspection dilemmas
  • To settle or not to settle…
  • Merger and settlement

Presented by Simon LaBlack, Director, LaBlack Lawyers Pty Ltd; Accredited Specialist in Property Law

Presenters


Simon LaBlack, Director, LaBlack Lawyers Pty Ltd
Simon LaBlack Simon practises exclusively in Property Law in Queensland. In 2017, he became one of now 25 Accredited Specialists in Queensland Property Law. Simon assists organisations and private clients in all property law related matters including property acquisitions and disposals, commercial property matters including leases, developments, transactions and disputes, subdivisions and compulsory acquisition matters. Simon is a member of the Queensland Law Society Property Law Specialist Accreditation Advisory Committee, he is a member of the PEXA Member Advisory Council, he acts as a Court-Appointed Statutory Trustee for Sale and as a specialist consultant to the profession and he is a contributing author for LexisNexis in their practical guidance materials.


Peter Brennan, Senior Associate, Allens
Peter is a Senior Associate in the Allens Real Estate and Development team and has significant experience advising on the development, sale, acquisition and leasing of property and the procurement and development of major property projects across the private and public sectors.


Despina Priala, Director and Legal Practitioner, Priala Legal Pty Ltd
Despina Priala has practised in property and commercial law on the Gold Coast for over 28 years and has extensive experience in this area having been appointed the legal counsel for prominent Gold Coast property developer, Sunland Group from 2004 to 2006. At this time Sunland was in a period of rapid growth with its extensions into the Middle East being established, which included the second Palazzo Versace Hotel in Dubai, as well as undertaking marquee developments such as Q1. Despina was substantially involved with, and supervised the settlement of Q1 - The World’s Tallest Residential Tower, Palazzo Versace, as well as many other noteworthy projects. Despina holds a Bachelor of Laws (LLB) from Bond University. She is an Inaugural Law Graduate of Bond University from the Class of 1989 and maintains ties with the Alumni Bond University Association. Despina is also an original Alumni Graduate from Somerset College, the Class of 1987, a very prestigious and reputable school on the Gold Coast. Despina was admitted to the Supreme Court of Queensland in 1994 and is also admitted to the High Court of Australia. In 2021 Despina was recognised as reaching the milestone achievement of 25 years of membership with the QLD Law Society. Reaching a quarter of a century in a professional career is, by any measure, a considerable and notable achievement. In recognition of her dedication and loyalty to the profession and the Society, in 2021 Despina was presented with a 25-year pin at a recent QLS celebration event. In 2022, Despina was given the honorary role of becoming a member of the Qld Law Society's Property and Development Law Committee. Despina sees this as an opportunity to contribute her years of knowledge and experience in property and development to this committee and to provide recommendations and comments on law reform that will undoubtedly have an impact on the property and development market in Qld, including the Gold Coast. This position of committee member is an honorary role. In 2023 Despina was invited to become an author for LexisNexis in relation to the Qld Property Modules and best practice. Despina has accepted such a role and has contributed to the LexisNexis Property Modules for 2023 and 2024.


James Harding, Legal Practice Director, Harding Property Law
Starting his own practice Harding Property Law in 2022, James stands out in the Queensland property and development sector with his unique blend of entrepreneurial experience and legal expertise. His firm, established to provide strategic advice on a wide array of complex property-related issues, quickly became known for its practical solutions catering to both corporate and private clients. James's journey in the legal field is underpinned by his background as a small business owner and employer, bringing a rare combination of commercial insights and legal acumen to his practice. This blend proves invaluable in navigating the intricate landscape of property law and commercial transactions. Earlier in his career, while with a national firm, James represented a diverse range of clients including State Government bodies, national statutory organizations, and charitable institutions, skilfully managing their property transactional needs in Queensland. His responsibilities encompassed the acquisition and sale of businesses, corporate restructuring, and providing intricate titling and structuring advice. James's expertise also extends to handling COVID-19 related leasing issues, where he advised national shopping centre operators. His proficiency in Foreign Investment Review Board Approval, compliance, enforcement responses, and advisory on Duties and Australian Foreign Acquirer Duty, further solidifies his reputation as a leader in property law. With his team at Harding Property Law, James continues to deliver tailored and strategic legal solutions, demonstrating a deep understanding of both the legal intricacies and the commercial realities of property transactions.


Matthew Russell, Principal, McInnes Wilson Lawyers
Matthew is a dedicated, knowledgeable and reliable partner at McInnes Wilson Lawyers. He specialises in Residential Real Estate and Projects, Commercial Real Estate and Projects, as well as commercial and retail leasing, management rights and body corporate law. With over 15 years of experience, Matthew brings extensive expertise to his practice. Having obtained a Bachelor of Laws and Journalism (LL.B B.Journ) from Queensland University of Technology, along with a Graduate Diploma in Legal Practice, Matthew was admitted as a lawyer in 2007. Matthew is well-regarded for his professional and friendly approach, fostering strong relationships with the his clients. His particular interests lie in property development, leasing and strata law. He excels in various areas, including flat land subdivisions, property acquisitions, management rights transactions, retail and commercial leases, complex property transactions, easements and covenants, body corporate disputes, resumption claims, and business contracts. Matthew consistently goes above and beyond to ensure his clients’ best interests are secured, valuing the importance of exceptional outcomes. With his dedicated work ethic and extensive legal knowledge, Matthew is an invaluable asset to McInnes Wilson Lawyers, offering the highest quality of legal services to both private clients and businesses.

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Conveyancing Fundamentals

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Afternoon Session
Wednesday, 5 June 2024
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
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