Conveyancing Symposium

Tackle a minefield of conveyancing challenges, from deciphering key contract clauses that can expose clients to unfair terms, to understanding the nuances between defects in title and quality that complicates disclosure obligations. Develop a stockpile of tactics to manage vendor and purchaser exposure effectively. Obtain a keen eye for identifying common building issues that could arise during the conveyancing process and avoid penalties within the evolving AML landscape.

Wednesday, 12 March 2025
Description

Attend and earn 7 CPD units including: 
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills
This program is based on NSW legislation

9.00am to 9.50am The Contract of Sale: Key Clauses, Common Pitfalls & Unfair Contract Terms

 

  • Understanding the essential clauses in a Contract of Sale
  • Identifying and avoiding common pitfalls in contracts
  • How unfair contract terms are regulated under Australian law
  • Practical insights to draft stronger, fairer contracts for clients
  • Case law examples highlighting key issues 

Presented by Sam Saad, Partner, Long Saad Woodbridge Lawyers

9.50am to 10.40am Delivering Deeds in Escrow in Conveyancing Transactions: Can the Escrow Trump the Terms of the Deed?

 

From 2020, there have been cases in NSW, which have addressed the prickly issue of whether Deeds have been delivered in escrow. The mere fact that each party has the other’s signed counterpart does not in and of itself mean that exchange has occurred, if the documents have been provided subject to an escrow. 

  • Can a laconic email under cover of which a Deed is sent, lead to an escrow? How about a casual conversation between professional colleagues? Can that escrow trump the otherwise applicable rules as to exchange of counterparts?
  • Can the escrow trump a clause in the Deed saying exchange is affected when the signed documents are provided to all parties?
  • Can there be delivery of a Deed without handing it over, and can there be a handing over without delivery?
  • What is the effect of delivery in escrow?
  • How does this all differ to the operation of simple contracts?
  • Consider the effect of these principles on contracts relating to development of land, including agreements for settlement of disputes relating to the sale of land  

Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers

Session 1: From Contracts to Title: Overcoming Challenges in Conveyancing

Chair: Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing

10.40am to 10.55am Morning Tea
12.30pm to 1.15pm Recent Cases Concerning Off-The-Plan Transactions

 

Off-the-plan transactions have inherent difficulties and risks for both purchasers and vendors. 

  • Explore those difficulties and risks through recent cases and what may be done to address or ameliorate them
  • Examine the ways in which purchasers and vendors may extricate or exit from off-the-plan contracts 

Presented by Hamilton Zhao, Barrister, Frederick Jordan Chambers

Session 2: Ethics, Professional Skills & Practice Management for Conveyancers

Chair: Rani Gandha, Partner, Turnbull Hill Lawyers

10.55am to 11.45am Defects in Title for Vendors and Purchasers of Land in NSW

 

  • Defect in title compared to a defect in quality
  • What are the vendor's usual disclosure obligations under the general law and legislation
  • Further investigations by a vendor/ purchaser that are appropriate
  • Requisitions on title: what, how and when to make them and how to respond
  • What claims over defects in title more commonly arise
  • Forms of relief is available and what claims are more likely to obtain relief 

Presented by Brendan Maier, Partner, Colin Biggers & Paisley Lawyers

11.45am to 12.30pm A Transaction That ‘Has It All’: Case Study

 

Sometimes a transaction just "has it all"!  Leanne will discuss a recent case run by her in which several conveyancing complications arose, including:  

  • When is it appropriate to issue a notice pursuant to 66M Conveyancing Act and to claim an abatement in the purchase price?
  • When is it possible to rescind a contract pursuant to 66L Conveyancing Act and what consequences flow from such actions?
  • When is it appropriate to apply for an order for specific performance?
  • How do the implied terms under the conveyancing legislation (Conveyancing Act 1919 (NSW). s. 52A(2)(b) and Conveyancing (Sale of Land Regulation) 2017 (NSW) (Conveyancing Regulation), cl. 9 and Schedule 3,_Pt .1 at cl. 1(d).) apply in practice and what are the consequences?
  • When is a vendor bound by the representations made by its agent?
  • What remedies are available under the Australian Consumer Law? 

Presented by Leanne Walker, Partner, Colin Biggers & Paisley Lawyers; Committee Member, UDIA NSW Land Development Committee

Ethics & Professional Responsibility
2.00pm to 3.00pm The Ethics of Handling Client Funds and Trust Accounts in Conveyancing Transactions

 

  • Explore the ethical responsibilities of conveyancers when handling client funds and trust accounts
  • Review relevant legislation and regulations governing the management of client funds and trust accounts
  • Examine effective strategies for maintaining accurate records, tracking transactions, and ensuring proper fund management
  • Identify frequent mistakes and ethical breaches in handling client funds that can lead to legal repercussions
  • Discuss the potential legal and professional consequences of mishandling client funds and trust accounts 

Presented by Kevin O'Brien, Director, Landmark Legal

Professional Skills
3.00pm to 4.00pm The Conveyancer's Guide to Building Issues and Building Contracts

 

  • What to look for when reviewing a building contract
  • Identify common building issues that can arise during conveyancing and understand their implications
  • Understand the key risks associated with freestanding, semi-detached and strata buildings
  • Gain a comprehensive understanding of building contracts, including standard clauses and common pitfalls
  • Learn strategies for mitigating risks associated with building issues and contracts
  • Develop skills to effectively communicate complex building-related information to clients 

Presented by David Jury, Partner, HWL Ebsworth Lawyers; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2024 

4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm New Anti-Money Laundering Challenges and Opportunities for Conveyancers: Why, What, How and When

 

  • Proposed application of the AML/CTF regime to property matters
  • What are the compliance obligations your business is likely to face
  • How to manage the AML/CTF requirements for conveyancers 

Presented by Neil Jeans, Partner - Risk Consulting, Grant Thornton

Presenters


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.


Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing
Judy Bliss has been in the industry since 1984. She started Bliss Conveyancing when she saw the need for a conveyancing service that spoke plain English, not legal jargon. Her mission is to help people buy property with peace of mind for the future. Her professional experience is extensive, beginning in 1984 as Personal Assistant to the Chief Magistrate of NSW, then clerking at the Nowra Local Court and the Milton Local Court. She has been a Coroner, Registrar and Marriage Celebrant. Over 10 years ago, she earned her conveyancing license and entered legal private practice so that she could use her extensive legal experience to help people buy property. Judy is a current NSW State Representative in the Pexa Advisory Board.


Sydney Jacobs, Barrister, 13 Wentworth Chambers
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He is also a NMAS accredited mediator, a Bar ADR accredited arbitrator and an expert determiner. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law, building & construction and strata disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance / relief against forfeiture / claiming the return of deposits, options/rights of first refusal, and strata disputes. Underscoring a life dedicated to the law (when he is not snowboarding), Sydney is the sole author of two major loose-leaf services, namely: Commercial Damages and Injunctions: Law and Practice, and until recently, part authored the leading loose-leaf service Commercial & International Arbitration (all published by Thomson Reuters).


Brendan Maier, Partner, Colin Biggers & Paisley Lawyers
Brendan Maier is a partner in the property team of Colin Biggers & Paisley. Brendan provides high quality legal advice on major commercial, industrial, residential, tourism and agricultural projects throughout Australia. He is a leading property lawyer who enjoys applying his industry knowledge and networks to drive commercial value for his clients. He has been: listed as a recommended lawyer in real estate by the Legal 500 Asia Pacific 2016; listed as a recommended property and real estate lawyer in Sydney in Doyle's Guide 2016; elected as a councillor of the Urban Development Industry of Australia (NSW); elected as a councillor of the Royal Agricultural Society of NSW.


Hamilton Zhao, Barrister, Frederick Jordan Chambers
Hamilton practised as a litigation solicitor for 5 years before coming to the Bar in May 2020. During his time as a solicitor, he worked on contractual and real property disputes, trust claims, personal and corporate insolvency cases (including bankruptcy applications, winding up applications and voidable transactions), partnership and corporations disputes, debt recovery, intellectual property and building and construction matters. He practises and accepts briefs in those areas.


Rani Gandha, Partner, Turnbull Hill Lawyers
Rani Gandha is the Partner in charge of the Business, Commercial and Property team at Turnbull Hill Lawyers. She acts in a wide range of property work, including acting for buyers and sellers of residential and commercial property and for lenders and borrowers in respect of residential mortgage matters. She has extensive expertise in dealing with all types of real property, including Old System, Torrens Title, Qualified Title and Strata Title. Rani also acts for clients in respect of resumptions of property by Transport for NSW, creating easements by way of Transfer and acts for land developers in respect of subdivisions. She advises clients on commercial and retail property leasing matters including negotiation and preparation of leasing documents and assists clients in a wide range of business issues. Dedicated to ensuring her clients’ interests are adequately protected, Rani users her experience to understand their goals and objectives and gives them realistic and practical advice. Rani also has a keen interest in and practises in Estate Planning (including tax effective Wills and associated documents).


David Jury, Partner, HWL Ebsworth Lawyers
David has practised in building and construction industry for 25years and has particular expertise in adjoining land owner issues including proceedings under section 88K of the Conveyancing Act. David’s clients include, Contractors, Developers and specialist subcontractors. David provides advice on tendering, project delivery, contract administration and dispute resolution including processes under the Building and Construction Industry Security of Payment Act.


Leanne Walker, Partner, Colin Biggers & Paisley Lawyers
Leanne Walker is a highly regarded commercial litigator, who handles disputes across a variety of industries. She is currently leading our Property Disputes and Advisory team. Leanne has a particular emphasis on property and leasing based disputes, land contract disputes, strata issues and access to land issues. Leanne has experience in alternative dispute resolution, including expert determination and mediation. Leanne has a particular expertise in developing strategies and systems to reduce, manage or resolve disputes. If litigation is necessary, Leanne is experienced in dealing with complex disputes and leads a team of lawyers specialising in dispute resolution. Leanne represents small businesses, landowners, owners corporations, developers and corporate clients in complex business and property disputes.


Kevin O’Brien, Director, Landmark Legal
Kevin O’Brien has 30 years of experience in the trustee and legal fields and specialises in Estate Planning, along with a strong focus on property and structuring for property dealings with investors and developers. Landmark Legal focuses on family and working with family to grow their wealth, protect their wealth and transition their wealth. The firms principal areas of work are around structuring within entities for business and property (including within SMSF), estate planning, property, commercial and family law. In 2010 Kevin was employed to start a firm to specialise in the rapidly expanding world of SMSF property investment and to manage and advise on the key aspects of property transactions within SMSF, along with establishing required trusts for those transactions.


Neil Jeans, Partner - Risk Consulting, Grant Thornton
Neil has a unique background in financial crime risk management spanning almost 30 years, including working at senior levels managing AML/CTF, Sanctions and Anti-Bribery compliance across Europe, the US, Latin America, Asia, and Australia within two major global investment banks, one European financial services company, and a major Australian bank. He has also worked within law enforcement agencies investigating financial crime and money laundering, and as a financial services regulator developing AML/CTF regulation and AML/CTF regulatory supervision techniques.

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Conveyancing Symposium

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All Sessions
Wednesday, 12 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Wednesday, 12 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
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Afternoon Session
Wednesday, 12 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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Venue
Sheraton Grand Sydney Hyde Park

161 Elizabeth Street, Sydney 2000

Directions

Nearby transport options:

Bus Station: Hyde Park, Park St, Stand C 

Metro Station: St James Station 

Train Station: St. James Station 

Parking Information

Parking is not included in your registration. Here are some nearby parking options:

Sheraton Hotel Car Park - Secure car park entry is via Castlereagh Street, it has 8 electric charging stations. Early Bird Parking Rate is $45 if you arrive before 9am and depart before 6pm. Further information can be found here.

201 Elizabeth St Car Park - Located a 2 minute walk away from Sheraton Grand. Entry via Castlereagh Street. Click here for rates. 

Wilson Parking Citigroup Centre Car Park - Located a 5 minute walk away from Sheraton Grand. Entry: 271 Pitt St. Click here for rates.