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 9.40am 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 

10.40am to 10.55am Morning Tea
10.55am to 11.45am 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

11.45am to 12.30pm 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

12.30pm 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 

9.40am to 10.40am Strata or Torrens? Navigating the Complexities of Subdivision Types

 

  • Understanding the distinctions and practical implications of Strata and Torrens titles
  • Key legal principles and recent cases shaping the subdivision landscape
  • Resolving disputes and addressing complexities in mixed-title developments 

Presented by

 

Presenters


Simon Molesworth AO KC, Dever's List
Simon Molesworth, who in 2023 will mark twenty-eight years as a QK, returned to part-time practice at the Victorian Bar in July 2019, after serving as a Judge of the Land and Environment Court of New South Wales from January 2017. He is recognised nationally and internationally as a leader in the fields of environmental law, natural resources law, climate change law and heritage law, whilst also maintaing an active practice in planning law, public law, land valuation and compensation law, administrative law and local government law. 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, established in 1980, was the first specialist environmental superior court in the world. 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.


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 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 also a member of the technical working group within the Tax Institute’s NSW State Council.


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.

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Subdivision Mastery: Navigating Approvals, Surveying, Valuation and Tax

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DELIVERY MODE BELOW

Single Session
Wednesday, 4 June 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
Online 20250419 20250604

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