Conveyancing Conference: Navigating Complex Issues 

Get a handle of the more complex conveyancing concerns. Gain essential insights into the complexities of managing water shares in property transactions while avoiding the pitfalls of compliance issues and disputes. Understand CGT implications and uncover the hidden dangers associated with exemptions and mixed-use properties. Clarify Section 12(d)’s impact on rescission and damages and address the ambiguities surrounding early deposit releases to minimise misunderstandings. Ensure compliance with planning permits and maintain transaction integrity by breaking down the latest AML regulations and ethical dilemmas posed by AI integration in your conveyancing practice.

Thursday, 27 March 2025
9.50am to 10.40am All Things Capital Gains

 

  • Are you sure it’s on capital account?
  • Does the family home qualify for the CGT main residence exemption?
  • Can the the small business CGT concessions apply if only a portion of the land is used for business purposes?
  • How do landowners treat settlement payments or compensation?  

Presented by Edward Hennebry, Senior Associate, Sladen Legal; Fellow, Tax Institute of Australia (TIA); Member, TIA’s National SME Tax Technical Committee 

10.40am to 10.55am Morning Tea
10.55am to 11.45am Section 12(d) Sale of Land Act: Key Issues

 

  • Section 12(d): How broad is it?
  • The cases that we have so far - issued and decided: What do they tell us?
  • What rights arise for beach? Can I rescind, or get damages?
  • The material facts guidelines: What do they tell us? What is missing?
  • Traps for vendors and tricks for purchasers
  • What if the vendor "knew" but "forgot"?
  • Asbestos reports: what if the vendor never obtained one when they should have? 

Presented by Michael Lanyon, Partner, Colin Biggers & Paisley Lawyers

12.30pm to 1.15pm Mortgagee Sales and Good Faith Obligations: A Comprehensive Guide

 

  • When can a mortgagee take possession of and sell mortgaged property?
  • Can a borrower challenge a mortgagee sale?
  • What is the content of the duty of good faith imposed on mortgagees?
  • Is the duty any different in harder economic times, or during a pandemic? 

Presented by William Stark, Barrister and Accredited Mediator, Greens List

Professional Skills
2.00pm to 3.00pm Understanding the Subdivision Process in Conveyancing Undertakings

 

  • Overview of planning permits, certification and statement of compliance
  • What rights, restrictions, and responsibilities can be created by a plan of subdivision i.e. common property, easements, restrictions, MCP’s, s173 agreements
  • When are amendments to a preliminary plan of subdivision required and when are they considered material?
  • Following SPEAR applications and the progress of a subdivision 

Presented by Tom Champion, Director, Reeds Consulting

Practice Management & Business Skills
3.00pm to 4.00pm Anti-Money Laundering: Key Issues for Conveyancers

 

  • Overview of the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) framework and its relevance to conveyancing
  • Identification and assessment of money laundering risks in property transactions
  • Effective record-keeping practices to ensure compliance with AML regulations
  • Reporting obligations: how and when to report suspicious activities to authorities
  • Best practices for maintaining compliance and mitigating risks within conveyancing practices 

Presented by Katherine Shamai, Partner - Risk Consulting, Grant Thornton; Editorial Advisory Board, Fraud Magazine (Association of Certified Fraud Examiners and Internal Auditor Magazine, (Institute of Internal Auditors (US)

Ethics & Professional Responsibility
4.15pm to 5.15pm Ethical Issues with Bringing AI into Your Conveyancing Practice

 

  • Overview of AI technologies currently impacting the conveyancing sector and their potential applications
  • Discuss the ethical responsibilities of conveyancers when utilising AI, including issues of transparency, accountability, and client consent
  • Addressing the ethical considerations around data handling, privacy concerns, and compliance with relevant legislation when using AI tools
  • Strategies for conveyancers to implement AI solutions while maintaining ethical standards and trust with clients 

Presented by Michael Afanassiev, Legal Counsel & AI Educator 

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 VIC legislation

Session 1: Challenges in Modern Conveyancing and Integrating Best Practices

Chair: Kelly Young, Director, Estate Conveyancing

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

Chair: Rochelle Castro, Principal Lawyer, RC & Co Lawyers

4.00pm to 4.15pm Afternoon Tea
9.00am to 9.50am Victorian Water Entitlements & Property Transactions

 

  • Water entitlements in Victoria: the legislation and terminology to know
  • Assessing the value of water shares and conducting due diligence in property transactions
  • Steps and documentation required for the transfer and registration of water shares
  • Recent developments
    • General Place of Take Licenses
    • Shared water arrangements
    • Proposed water markets reform 

Presented by Racheal Alamaras, Director, Dawes & Vary Riordan Lawyers

11.45am to 12.30pm Grey Areas Surrounding Section 27 Early Release of Deposit

 

  • Overview of Section 27 of the Sale of Land Act and its implications for early deposit release
  • Clarification of the circumstances under which a vendor can request an early release of the deposit
  • Key legal considerations and potential risks associated with early deposit releases
  • Examination of case law highlighting disputes or ambiguities in applying Section 27
  • Rights and obligations of both vendors and purchasers in the context of early deposit releases
  • Practical tips for ensuring compliance with Section 27 and avoiding common pitfalls
  • Discussion of the role of contractual terms in influencing the outcome of deposit release requests
  • Insights into potential legislative changes or interpretations that could impact Section 27 

Presented by David McKenzie, Special Counsel, Corporate & Commercial & Property, FCW Lawyers; Accredited Specialist in Property Law; Chair, Owners Corporation Working Group; Deputy Chair, The Building and Construction Working Group 

Presenters


Edward Hennebry, Senior Associate, Sladen Legal
Edward is a Tax Associate in the Business Law team at Sladen Legal. Edward has a particular interest in managing tax audits and disputes, having commenced his career in the ATO’s Tax Counsel Network and Review and Dispute Resolution business lines. Since leaving the ATO, Edward has worked in a number of large accounting and national law firms, enabling him to diversify his knowledge of prevalent tax and commercial issues that affect private clients and family groups across a wide range of industries.


William Stark, Barrister and Accredited Mediator, Greens List
William Stark has been a member of the Victorian Bar since 1998. He practises in a broad range of commercial disputes in the areas of property (especially mortgage-related property), contracts, corporations law and insolvency. William writes a blog about property law related matters - see: http://melbournepropertylaw.blogspot.com/ William has appeared as counsel successfully opposing a number of applications for interlocutory injunctions to restrain mortgagee sales, and successfully seeking and opposing numerous orders for the removal of caveats. William has appeared regularly at VCAT in retail tenancy and real property proceedings. In his ten years as a solicitor, he worked with Hall & Wilcox and Mallesons Stephen Jaques. For over four years prior to coming to the Bar, William was an accredited commercial litigation specialist with the Law Institute of Victoria (being in the first intake of those specialists in late 2003). For 6 years prior to commencing articles, while studying law part-time William worked full-time for the Australian Taxation Office.


Rochelle Castro, Principal Lawyer, RC & Co Lawyers
Rochelle Castro is a strata lawyer and owner of RC & Co Lawyers. She was a university instructor before dedicating her service to law. Whilst working to further improve her legal skills, Rochelle saw that she could better serve her clients by not only advising and advocating for them, but also educating them. She works with her “A-team” at RC & Co Lawyers, through constant rigorous training, so that they could provide effective, resourceful and clear legal service to clients. Rochelle appears in tribunals and various court jurisdictions to advocate her clients’ rights. She presents papers on strata and construction law in local and international research forums. She is also a volunteer trainer of Strata Community Association’s A100 and committee training programs.


Kelly Young, Director, Estate Conveyancing 
Kelly Young is a fully unrestricted Conveyancing Licence holder and director of Estate Conveyancing, located in Macleod. Kelly and her staff at Estate Conveyancing prides themselves and providing education to clients and referrers alike. Kelly has been working in the legal industry for 20 years with experience in the property fields of settlements & conveyancing in Victoria and Western Australia and residential and commercial lending. Starting out as a junior paralegal in stamping, registration, and settlements, moving onto residential mortgages, Conveyancing and also Commercial Lending, Kelly has a background working in accountant firms, law firms and conveyancing offices in Melbourne city, rural areas of Victoria and is also qualified within Settlements in the state of WA.


Tom Champion, Director, Reeds Consulting
Tom has a broad range of experience in complex building subdivisions, engineering surveying and consulting on issues relating to land status and development. His experience and expertise provides invaluable assistance to the consultants and construction teams throughout the various stages of the project. Tom is responsible for managing the expectations of clients and providing them with professional advice. He also instructs survey staff in project matters and regularly deals and consults with Council, Service Authorities, Government Departments and Project Stakeholders.


Katherine Shamai, Partner - Risk Consulting, Grant Thornton
Katherine has over 17 years of professional experience in providing governance, compliance, internal audit, and risk management services to a range of clients including federal, state and local government agencies and departments, not-for-profits, ASX listed companies and private companies. She has extensive experience assisting clients with governance reviews, risk assessments, reviews of key internal processes and controls, recommendations to strengthen control weaknesses identified, drafting of policies and procedures as well as being seconded to clients to help implement recommendations. Katherine brings a combination of industry and professional services experience to her clients. This is reflected in practical and pragmatic advice and recommendations tailored to suit the unique environment of each client. Expertise: Governance reviews and advice including Board maturity assessments, governance arrangements and structures, and succession planning; Internal audit programs and reviews; compliance reviews against legislative and regulatory requirements, funding agreements or service agreements; enterprise, project and subject-specific risk assessments; anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) services from advisory services through to Independent Reviews; design of governance, risk and compliance frameworks, processes and tools; and authoring of frameworks, policies and procedures. Experience: leading AML/CTF risk assessments for a federal government agency; leading AML/CTF independent review for a complex reporting entity; design and pilot of compliance program at National Disability Insurance Agency; develop and manage internal audit programs for a range of public sector and not-for-profit entities; lead Board governance review at a large national not-for-profit organization; reviews of third-party supplier's business practices for a large multinational company and large retailer and lead a review and quantification of an incorrect application of legislation at a public sector agency.


Michael Afanassiev, Legal Counsel & AI Educator


Racheal Alamaras, Director, Dawes & Vary Riordan Lawyers
Racheal Alamaras is a Director of Dawes & Vary Pty Ltd which is a regional firm with offices in Echuca, Shepparton, Kyabram, Tatura and Rochester. Ms Despotellis commenced her career at Dawes & Vary in 2002 and has worked predominately in the field of Water Law, and particularly Water Trading and Unbundling Advice, since that time. Racheal has advised several regional Water Authorities, Financial Institutions and Law Firms on the Unbundling Reforms, and has presented several papers on the issue since 2007.


Michael Lanyon, Partner, Colin Biggers & Paisley Lawyers
In 2021, Michael became a partner and member of Colin Biggers & Paisleys property and development team following the merger with Logie-Smith Lanyon Lawyers. Michael has decades of experience and runs a broad practice with a principal focus on property development. He acts for major corporate property developers and builders in relation to commercial, residential and industrial properties, hotels and serviced apartments, and shopping centres. Michael advises on property development, building and construction contracts, major infrastructure projects including key freight projects such as the inland ports in Victoria, the Building Act, planning issues, land management agreements, commercial leases, and stamp duty. His expertise includes property joint ventures, economic entitlement issues, windfall gains tax, and he acts for developers in finance transactions. He also acts for and assists clients with dispute resolution and litigation. Clients appreciate his calm demeanour, as well as his ability to think laterally and to distil complex legal terminology into plain English. Michael has travelled widely in China over the last 15 years, developing a substantial client base there acting for clients in property developments and business matters. He is currently the honorary secretary for the Chinese Museum in Melbourne's Chinatown and is acting for the Shaolin Temple in relation to construction of a new temple in Australia.


David McKenzie, Special Counsel, Corporate & Commercial & Property, FCW Lawyers
David McKenzie has eighteen plus years of PQE and has spent the vast majority of that time practising in the area of property law. Specifically David has completed transactions in the following areas: Subdivisions (both tower and green field); Planning issues related to subdivision; Section 173 agreements and the issues related to those agreements; MCPs both drafting and registering; Covenant drafting and removal; Law of easements; Owners Corporations; Leasing (Retail and Commercial); Adverse possession claims and Easements by prescription.

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Conveyancing Conference: Navigating Complex Issues 

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All Sessions
Thursday, 27 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Thursday, 27 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
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Afternoon Session
Thursday, 27 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here