Whether you’re a conveyancer, support staff involved in the conveyancing process, or experienced practitioner looking to brush up on your knowledge; attend and work through the most important aspects of a conveyancing transaction. Get ready to break down the who, what, when and how to draft a contract for sale. Refine your negotiation skills to not only manage client expectations but remain the authority throughout the transaction, and in the event of unforeseen complications- handle them with ease.
Chair
Stephanie Lambert, Partner, International Real Estate Sector Lead, Australia, DLA Piper
Description
Attend and earn 4 CPD units including:
3.5 units in Substantive Law
0.5 unit in Professional Skills
This program is based on NSW legislation
9.00am to 10.00am The Contract Formation: The Who, What, When and How
- Preparation of the contract
- Section 52A of The Conveyancing Act 1919 (NSW) prescribes the:
- Documents that must be attached to a contract for sale of land
- Terms, conditions, and warranties that are included in the contract for sale of land
- Circumstances in which purchasers may have statutory recission rights and/or compensation rights
- Off the plan contracts: additional vendor disclosure obligations
- The legal impacts of private treaty sales versus auction sales
- Vendors (and their agents) should be careful not to misdescribe or misrepresent the property during the marketing stage, and purchasers must ensure they carry out the necessary inspections and enquiries
- Cooling off periods: contracts for the sale of land may be conditional or unconditional
Presented by Julia Yassa, Senior Associate, Bartier Perry
11.15am to 12.15pm Managing Risk and Errors: Your Due Diligence Checklist on Commercial and Residential Properties
- The importance and implications of due diligence in conveyancing
- Due diligence searches:
- Property title search and verification
- ASIC searches and other searches
- Zoning and land use analysis
- Environmental considerations and assessments
- Review of the lease and any incentive deeds
- Special considerations for commercial properties:
- Additional due diligence steps for commercial transactions
- Lease reviews and tenant considerations
- Regulatory compliance for commercial properties
- Consider real-life examples illustrating the consequences of inadequate due diligence
Presented by Sam Saad, Partner, Long Saad Woodbridge Lawyers
Professional Skills
10.00am to 11.00am Key Negotiation Skills and Managing Expectations in Conveyancing Transactions
- Know the contract:
- Understand common land contract terms and negotiation points
- Navigate amendments requested by purchasers effectively
- Identify non-negotiable terms for vendors
- Know the client:
- Understand different types of purchasers
- Understand different types of vendors
- Assess the proposed use of the property
- Off-the-plan:
- Differentiate between second-hand and off-the-plan contracts
- Essential aspects of developer’s finance for a purchaser’s lawyer to know
- Receive a summary of skills applicable across a wide range of scenarios
Presented by Scarlett Yang, Senior Associate, Holding Redlich; Accredited Specialist in Property Law; Vice Chair, Property Law Sub Committee, The Law Society of New South Wales
11.00am to 11.15am Morning Break
12.15pm to 1.15pm What Happens When Things Go Wrong? Handling Conveyancing Disputes
- Put & call option agreements and option fees: execution, delivery, and entitlement to option fees
- Caveats and caveatable interests: when Court becomes the only option
- Oral agreements in respect of land, the doctrine of part performance and the doctrine in Rochefoucauld v Boustead [1897] 1 Ch 196: Can a party's beneficial interest in land be recognised notwithstanding s 23C Conveyancing Act 1919 (NSW)?
- Draw upon recent cases including:
- Fong v Douglas - [2023] NSWSC 1577; J&Z Holding (Aust) Pty Ltd v Vitti Pty Ltd [2024] NSWCA 2
- Mastronardo v Remo West Ryde - [2024] NSWSC 8
- Li v Tao [2023] NSWCA 310
Presented by Sian Jones, Special Counsel, Colin Biggers & Paisley
Presenters
Sian Jones, Special Counsel, Colin Biggers & Paisley
A special counsel in the property and development team since 2017, Sian has extensive experience in commercial litigation, primarily in the area of property litigation, disputes and advisory. As an experienced litigator, Sian has been involved in resolving disputes using alternative dispute resolution procedures. Sian acts for property developers and throughout her career has acted for a variety of clients, including insolvency practitioners, directors, and authorised representatives, on litigated matters in the areas of contracts, easement disputes, caveat disputes, option disputes, trade practices, shareholder disputes, corporate and commercial, and professional negligence. Sian has been a committee member for the Urban Development Institute of Australia Seniors Living and Alternative Housing since 2021. In addition to her Bachelor of Laws, Sian holds a Master of Law and Legal Practice from the University of Technology Sydney. Sian was admitted to practice in the Supreme Court of New South Wales in April 2006, the Federal Court and High Court of Australia.
Scarlett Yang, Senior Associate, Holding Redlich
Scarlett is an Accredited Specialist in property law with expertise in property transactions and development. She provides advice to a diverse range of clients, including property developers, institutional funds, real estate investment trusts, owners’ corporations and associations, charitable entities, and high-net-worth individuals. Scarlett’s advice covers acquisition and disposal, due diligence investigations, compliance with foreign investment regulatory regime, off-the-plan developments and strata and community title structures. In addition to her practice, Scarlett serves as the vice chair of the Young Lawyers Property Law Committee of the NSW Law Society.
Julia Yassa, Senior Associate, Bartier Perry
Julia is a property lawyer with over 8 years’ post admission experience. She has developed expertise in the areas of commercial and retail leasing, licence agreements, property development and subdivisions, building and construction contracts, easement drafting and property acquisitions/disposals. Julia’s clients benefit from her ability to negotiate complex property transactions while maintaining a commercial approach in line with her clients’ risk appetites. Always easy to work with, Julia cuts through complexity and focuses on positive outcomes. Clients Julia acts for include state owned corporations such as Sydney Water Corporation, Endeavour Energy, local government authorities, private clients and property developers.
Stephanie Lambert, Partner, International Real Estate Sector Lead, Australia, DLA Piper
Stephanie Lambert is a Partner and International Real Estate Sector Lead of Australia at DLA Piper. Stephanie is a transactional real estate lawyer with a focus on acquisitions and disposals, developments, foreign investment and agriculture. Stephanie’s clients include developers, REITs, commercial investment vehicles and high net worth individuals. Stephanie has worked on projects and transactions in jurisdictions across Australia, and in Manila, Philippines.
Sam Saad, Partner, Long Saad Woodbridge Lawyers
Sam has over 15 years’ experience working in commercial, property and pharmacy law. He acts for several private and public sector clients in their capacities as developers, landlords, tenants, and business owners. He also works extensively with several commercial and residential buyers’ agencies across the country and is experienced in providing a tailored and seamless process when it comes to high volume transactions. This experience extends to all states nationally around Australia. Sam takes a proactive, commercial, and pragmatic approach with all of his clients and believes that there is always a solution to any problem that presents itself. His philosophy is that legal advice should be timely, accessible and part of the solution is that the right lawyer that can make all the difference in helping clients make the right choices.
