Subdivision Mastery: Navigating Approvals, Surveying, Valuation and Tax

Without proper due diligence, your client’s subdivision matters can quickly become a financial and legal headache. Gain practical strategies for managing common hurdles in the subdivision process, including boundary disputes, zoning complexities, and the impact of environmental and tax issues. Learn how to critically analyse subdivision plans, streamline the approval process, and ensure valuations that can withstand scrutiny. Attend and gain the essential knowledge you need to navigate complexities, avoid costly mistakes, and drive your client’s development projects to completion.

Wednesday, 4 June 2025
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

Chair:

Simon Molesworth AO KC, Dever's List

Professional Skills
9.00am to 10.00am Subdivision from the Ground Up: A Surveyor’s Perspective on Best Practices

 

  • Common errors in plans and boundaries that lead to disputes or roadblocks
  • How surveyor findings impact property rights, easements, and title disputes
  • What lawyers should look for in subdivision plans to ensure accuracy and compliance
  • How to critically analyse evidence in boundary disputes or subdivision claims
  • Tips on fostering clear communication between lawyers and surveyors to ensure seamless subdivision approvals 

Presented by Chris Hill, Registered Surveyor, C&A Surveyors Pty Ltd 

11.00am to 11.15am Morning Tea
10.00am to 11.00am Mastering Subdivision Approvals: Navigating Legal and Environmental Hurdles

 

  • Key challenges in securing subdivision approvals under NSW planning frameworks
  • Addressing site characteristics and risks including environmental (including contamination), flooding, and heritage (including heritage conservation areas, aboriginal items and unexpected finds)
  • Managing rezoning complexities and their impact on subdivision timelines
  • Practical strategies for mitigating risks and streamlining the approval process
  • Planning principles for subdivision arising from cases in the Land and Environment Court of NSW
  • Effective approaches for considering public submissions and dealings with government bodies 

Presented by Michael Causer, Partner, King & Wood Mallesons; Recommended Town Planning & Development Lawyer, Doyle’s Guide 2024 and Paul Libreri, Solicitor, King & Wood Mallesons 

11.15am to 12.15pm Valuation Challenges in Subdivisions

 

  • The complexities of valuing subdivided land for residential, commercial, and industrial purposes
  • Addressing valuation disputes in litigation
  • The impact of environmental constraints, contamination, and site-specific risks on land value
  • Challenges in assessing value
  • Practical strategies for preparing robust valuations to withstand scrutiny in legal proceedings/strategies for handling disputes 

Presented by Tom White, Partner, Lander & Rogers and Alex Beale, Special Counsel, Lander & Rogers

12.15pm to 1.15pm Mastering Tax Issues on Subdivisions

 

  • GST implications and the margin scheme for subdivisions
  • Land tax considerations, including exemptions and surcharges
  • Understanding the capital gains tax (CGT) impacts for property owners and developers
  • Revenue ruling updates and their application to subdivision transactions 

Presented by Dhanushka Jayawardena, Partner, Holding Redlich 

Commentary from the Chair

Presenters


Simon Molesworth AO KC, Dever's List
Simon Molesworth delivered his final judgment in the Land and Environment Court of New South Wales in May 2019. He was first commissioned to be a Judge of the LEC from January 2017. The Land and Environment Court of NSW was the first specialist environmental superior court in the world, when established in 1980. The judges of the Court have the same rank, title, status and precedence as the Judges of the Supreme Court of NSW. The Court’s jurisdiction includes merit review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining, water, heritage, valuation, compensation, Aboriginal land, tree disputes and related matters. Molesworth, who in 2020 marks twenty-five years as a QC, had remained in active practice until his judicial appointment, regularly appearing before the Victorian Civil & Administrative Tribunal and in the Supreme Court in Victoria in cases within his specialty. He is recognized nationally and internationally as a leader in the fields of environmental law, heritage law, natural resources law and the law and policy relating to climate change. After initially practicing as a solicitor (from 1978) with Blake & Riggall (now Ashursts), Molesworth became a barrister in Victoria in 1984 and was appointed a Queen's Counsel in 1995. Molesworth, qualified and experienced as a Fellow of the Australian Institute of Company Directors, the Australian Institute of Managers and Leaders and the Environment Institute of Australia and New Zealand, has led delegations to successive United Nations COP conferences. His advisory work increasingly focuses on climate change strategies, corporate governance, risk management and corporate social responsibility. Molesworth is uniquely positioned to advise corporate Australia and public sector entities on the development of strategies and policies, together with related risk and compliance issues, in a world required to adapt to and mitigate climate change. With experience chairing commissions of inquiry and a wealth of experience chairing and participating in consultative committees, Molesworth is well-skilled to be a mediator. Amongst his previous legal appointments Molesworth, in the 1980s, was a Senior Legal Member of the Planning Division of the Administrative Appeals Tribunal of Victoria and a Senior Legal Member of the previous Victorian Planning Appeals Board. He was also in 1994 the Victorian State Mining Warden, a statutory appointment under the then Mineral Resources Development Act. He has chaired commissions of inquiry and advised successive governments and their authorities on legislative reform.


Michael Causer, Partner, King & Wood Mallesons
Michael Causer is a partner in the Sydney Environment & Planning and Native Title Team at King & Wood Mallesons. He primarily advises on environmental, planning, water and land access issues and regularly represents private and government clients in the NSW Land and Environment Court. His clients are primarily focused upon real estate, infrastructure, energy and resources projects.


Tom White, Partner, Lander & Rogers
Tom White specialises in all aspects of environment and planning law, with significant experience advising all levels (Commonwealth, State and local) of government as well as private landowners, developers and institutional investors on complex development projects and infrastructure. Tom provides strategic planning, environmental, heritage and approval advice on property development, energy and infrastructure projects. He is particularly well known for his expertise acting for acquiring authorities and landowners on compulsory acquisitions required for infrastructure projects. Tom is also an experienced litigator, acting in a range of disputes in the Land and Environment Court of NSW and other state and federal jurisdictions.


Dhanushka Jayawardena, Partner, Holding Redlich
Dhanushka Jayawardena is a Partner at Holding Redlich. Dhanushka is an experienced tax lawyer and Chartered Tax Adviser advising on all Australian taxation aspects of mergers and acquisitions, funds management, real estate, insolvency and restructuring, and finance. He is a member of the technical working group within the Tax Institute’s NSW State Council and is the Australian author of Taxation of Mergers & Acquisitions published by the International Bureau of Fiscal Documentation, Amsterdam.


Chris Hill, Registered Surveyor, C&A Surveyors Pty Ltd
Chris Hill is a Registered Surveyor at C&A Surveyors with over 30 years of experience in the land development industry. He has a vast experience from Mine sites to Building sites, Subdivision stages to positioning theatre stages. He has been the Chair of the Sydney North Group of the Institution of Surveyors since 2008. Chris Graduated from Newcastle University in 1997 and was registered with the Board of Surveyors in 2007. Chris is happily married with two teenage children and has been living in Sydney since 2001.


Alex Beale, Special Counsel, Lander & Rogers
Alex specialises in all aspects of environment and planning law, with particular experience in acting for property developers, proponents of resources projects, and public authorities. Over the past 10 years Alex has developed an expertise in litigation in the Land and Environment Court in merit appeals, judicial review, pollution offences and compulsory acquisition proceedings. Alex advises across all areas of environment and planning law and has particular interest and expertise in acting for private developers of mixed use, residential or industrial developments, and proponents of projects in the mining and resources sectors. It is in these highly regulated industries that Alex's expertise assists in undertaking due diligence in relation to land/asset sales and purchases, navigating complex approval processes, resolving issues associated with conflicting land uses, resolving regulatory issues throughout the life of the project, and undertaking the rehabilitation of a project. Alex also has significant experience acting for state and Commonwealth government authorities to assist them to understand processes and their obligations as project proponents, and (in the case of state government authorities) compulsorily acquiring land under the Land Acquisition (Just Terms Compensation) Act 1991.


Paul Libreri, Solicitor, King & Wood Mallesons
Paul Libreri is a solicitor in the Sydney Environment & Planning and Native Title Team at King & Wood Mallesons, specialising in land use planning, development, and environmental issues. His expertise lies in providing strategic advice and representing a range of clients, including developers, corporations, and government entities, in the Land and Environment Court of NSW.

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Subdivision Mastery: Navigating Approvals, Surveying, Valuation and Tax

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Single Session
Wednesday, 4 June 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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