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
11.45am to 12.30pm 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
10.55am to 11.45am A Transaction That ‘Has It All’: Case Study
Sometimes a transaction just "has it all"! Sydney 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 Sydney Jacobs, Barrister, 13 Wentworth Chambers and prepared by Leanne Walker, Partner, Colin Biggers & Paisley Lawyers; Committee Member, UDIA NSW Land Development Committee and Sydney Jacobs Barrister, 13 Wentworth Chambers
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 Rani Gandha, Partner, Turnbull Hill Lawyers
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 LawyersSam 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.
.jpg?width=100&name=Sydney%20Jacobs%20-%2013th%20Wentworth%20(asof%2019Aug2025).jpg)
Sydney Jacobs, Barrister, 13 Wentworth Chambers
Sydney Jacobs is a barrister at 13 Wentworth Chambers and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney maintains a dynamic commercial equity practice, with a strong focus on litigation and advisory work across property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise to easement and covenant disputes, including matters involving both Torrens and Old System land. He is regularly briefed in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. His practice also covers restraint of trade, and disputes involving options, rights of first refusal, and notices to perform or complete. Sydney was, for 20 years, the sole author of Commercial Damages and Injunctions: Law and Practice, and a contributor to Commercial & International Arbitration (all published by Thomson Reuters). His practice is informed by this foundation of academic rigour, and a commitment to practical, outcome-focused advocacy. Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, multi-day hikes, photography, and exploring the arts.
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-at-Law, 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. Hamilton has recently been recognised as a leading commercial disputes junior counsel in the 2025 Legal 500 Asia Pacific guide.
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.
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.
This seminar is part of a series
Ethics, Professional Skills & Practice Management for Conveyancers
Wednesday, 12 March 2025
Explore the ethical responsibilities of conveyancers when handling client funds and trust accounts, including relevant legislation and strategies for maintaining accurate records, as well as common mistakes to avoid. Gain valuable insights into building issues and building contracts, focusing on reviewing contracts, identifying common issues, understanding key risks associated with different building types, and strategies for mitigating those risks.
Chair
Rani Gandha, Partner, Turnbull Hill Lawyers
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
Description
Attend and earn 3 CPD units including:
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
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
View series listing
