Conveyancing Summit: Disputes and Avoiding the Risks

Cut through to the conveyancing issues you need to know and focus not only on the disputes that arise but importantly on avoiding the risks. Gain confidence on costly stamp duty traps, FIRB compliance issues and planning surprises. Understand the major changes to strata legislation, land use planning and the Home Building Act It’s more important than ever to be properly equipped and avoid the risks.

Thursday, 11 September 2025
Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

Session 1: Conveyancing Disputes and Avoiding Disputes

Chair: Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing

9.00am to 10.00am Navigating Caveats Under Time Pressure

 

Caveat litigation is fast paced and critical decisions need to be made under time pressure. Consider a number of common scenarios that you can expect to encounter and gain a roadmap to adopt in future matters. The issues that will be covered include: 

  • The process for removal of a caveat
  • Application for withdrawal or issuing a lapsing notice?
  • Identifying whether there is a caveatable interest
  • How should one approach the balance of convenience?
  • Who bears the onus of proof?
  • Drafting relief/orders
  • What evidence is usually required on such applications
  • Is short service required?
  • Compensation under s 74P: What is recoverable?
  • Leave under s 74O
  • Electronic lodgement of caveats and the subscriber’s professional obligations 

Presented by Vikram N Misra, Barrister, Clarence Chambers

11.15am to 12.15pm Lessons on Completion Risk for Conveyancing Practitioners from D Capital 2 Pty Ltd v Western and Mawson Parade Pty Ltd v Heald

 

D Capital 2 is a comprehensive decision, spanning over 300 paragraphs, and is a must-read for conveyancers and property lawyers. It offers recent, authoritative judicial examination of what happens when conveyancing transactions go wrong in a PEXA setting. Both it and Mason Parade offer insights into the duty of parties to  

co-operate in a PEXA setting; and are amongst the few cases (and perhaps the only cases) that have considered that topic. 

 

Gain practical lessons in managing settlement risks in a PEXA setting including: 

  • Consideration of the obligation of the parties to co-operate in good faith in the conveyancing process in a PEXA setting to facilitate completion
  • Comparing and contrasting traditional paper settlements with PEXA processes and how co-operation failures can derail completion
  • Consideration of when notices to complete may be ineffective
  • The true construction of time stipulations in the standard form contract
  • “Would have done” evidence in conveyancing litigation 

Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers

12.15pm to 1.15pm Update with Recent Conveyancing and Property Law Cases

 

Gain valuable insights into these recent cases impacting conveyancing and consider issues including: 

  • Vendor argues hardship to get out of sale contract
  • Tree dispute between neighbours
  • Seeking specific performance of completion of a land sale contract against a guarantor
  • Is there a binding contract when the deposit is paid and purchaser has sold their property
  • High Court case on exemption from land tax for primary production
  • Concealment of contamination and misrepresentations
  • Redevelopment clause challenges in retail leasing
  • Issues where a real estate agent destroyed a house albeit accidentally when offering the house for sale
  • Property damage discovered during final inspections
  • Torrens Assurance Fund matters
  • Distinguishing between deposits or option fees to buy a property 

Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; Author of the LexisNexis Cases Summaries: Real Property Law 4th Edition, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation and the drop out books 2024/2025. Co-author, 'Land Acquisition' 7th Edition; recognised in Best Lawyers for 2025,2026, Real Property Law, Leasing Law; Recommended Leading Leasing Lawyer, Doyle’s Guide 2025

2.00pm to 2.45pm Navigating Foreign Ownership Risks and Stamp Duty Challenges in NSW

 

Presented by Cameron Steele, Partner, Dentons

2.45pm to 3.30pm Mastering Contractual Complexity: Finance Clauses, Cooling-Off & Sunset Clauses

 

Presented by Sian Jones, Special Counsel, Colin Biggers & Paisley 

10.00am to 11.00am Equitable Estoppel and Unwritten Agreements: A Risk Management Masterclass for Conveyancers

 

  • Key risks in informal land arrangements (e.g. family promises, unwritten agreements)
  • Reliance, encouragement, and acquiescence: When do equitable interests arise?
  • Managing client expectations: Actual knowledge, detrimental reliance, and enforceability
  • Risk exposure for conveyancers: informal agreements vs formal documentation
  • Remedies and consequences: Constructive trusts, equitable compensation, and the risks of unwritten deals
  • Estoppel vs part performance: what every conveyancer must know to avoid costly pitfalls
  • Land interests: Proprietary estoppel vs the doctrine of part performance 

Presented by Dominic Maley, Partner, Maclarens Lawyers; Casual Academic and Course Coordinator, Property Transactions, UTS

11.00am to 11.15am Morning Tea
Session 2: Mastering Conveyancing Complexity

Chair: Eva Vicic, Partner, McCullough Robertson

3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Strata and Community Title Law Changes Impacting Conveyancing

 

Tricks and traps to be aware of when acting for purchasers and vendors of strata and community title properties, inspecting books and records of schemes, strata searches, by-laws and more. 
Presented by Allison Benson, Principal, Kerin Benson Lawyers

4.30pm to 5.15pm Planning Law Issues for Conveyancers

 

  • Housing Reforms: Low and mid-rise housing and Transport Oriented Development
  • Home Building Act
  • Building Information Certificates
  • Covenants and the planning system 

Presented by Alistair Knox, Partner, Pikes and Verekers Lawyers; Accredited Specialist Planning and Environment Law

Presenters


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 and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney’s commercial equity practice spans property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise in easement and covenant disputes, including matters involving both Torrens and Old System land. Sydney also has extensive experience in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. Sydney advises on restraint of trade matters, as well as disputes involving options, rights of first refusal, and notices to perform or complete. Beyond his practice, Sydney is the sole author of two leading publications—Commercial Damages and Injunctions: Law and Practice—and was a key contributor to Commercial & International Arbitration (Thomson Reuters). Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, and exploring the arts.


Vikram N Misra, Barrister, Clarence Chambers
Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Domestic Arbitration, International Arbitration, Security of Payment (NSW) and Security of Payment (SA) sections of the looseleaf “Commercial Arbitration Law and Practice Service” for Thomson Reuters. Vikram is currently a casual academic at Western Sydney University in the subject "Building Law".


Alistair Knox, Partner, Pikes and Verekers Lawyers
Alistair is part of the local government and planning law team at Pikes and Verekers, acting for both private and public clients. Alistair worked at the Land and Environment Court during his legal studies. During this time, Alistair worked in various roles through the registry as well as doing work for various Judges and Commissioners of the Court. This role required Alistair to be familiar with all classes of the Court’s jurisdiction. Through his studies, Alistair also gained valuable experience working in other areas of the law including regional practice (family, conveyancing, personal injury), legal aid (criminal) and work as a tipstaff at the Industrial Relations Commission.


Dominic Maley, Partner, Maclarens Lawyers
Dominic Maley was made a partner of Maclarens Lawyers in 2015. He is a Casual Academic at WSU, where since 2017 he has been the sole lecturer in Professional Practice and Building Law, and more recently he has taken up positions at the university teaching Building Law (under grad), Construction Law (post grad) (Course Coordinator), and the Expert Evidence modules of Construction Claims. He is also a Casual Academic at UTS, where he is the Course Coordinator in Property Transactions, as well as two new upcoming subjects: (i) Contractual Documentation, and (ii) Construction Law. Dominic has built up a large practice in option contracts, conveyancing, easements, retail and commercial leasing, and property law related litigation.


Gary Newton, Partner, HWL Ebsworth Lawyers
Gary Newton is a partner in the Property and Development Group of HWL Ebsworth Lawyers. He has been practising in the area of property law since 1983, providing advice on a wide range of matters to business, government and individuals. Gary has been an Accredited Specialist in Property Law since 1994. Gary is a long standing member of the Property Law Committee of the Law Society of NSW. Gary is the co-author of "Land Acquisition" 7th edition by Gary Newton and Christopher Conolly and "Real Property Law Case Summaries" Newton’s 4th edition and the sole author and editor of the LexisNexis Butterworths NSW Conveyancing Service (loose-leaf). He is also sole author and editor of the book ‘Annotated Conveyancing & Real Property Legislation in NSW’ 2024-2025. Gary has been listed again in the 2024 and 2025 edition of Best Lawyers and Doyles Guide for Leasing Law and for Real Property Law.


Eva Vicic, Partner, McCullough Robertson
Eva Vicic is a real estate lawyer specialising in property sales and acquisitions, vendor and purchaser legal due diligence and leasing transactions in respect of large-scale agricultural land holdings and renewable energy projects. Eva has accumulated a wealth of experience within the renewable energy sector, giving her a comprehensive understanding of the project lifecycle and the importance of identifying key issues early to future-proof success. With this foresight, Eva is able to provide her clients with holistic, commercially pragmatic advice that address both client business objectives and legal obligations.


Cameron Steele, Partner, Dentons
Cameron is a partner at Dentons Australia, where he leads the taxation group in Sydney. He has over 25 years’ experience as a tax law specialist. Cameron has a particular focus on the taxation of property-related transactions, including GST, capital gains tax and on the stamp duty across all Australian jurisdictions. His experience includes investment structures for major commercial and residential property developments.


Sian Jones, Special Counsel, Colin Biggers & Paisley
A special counsel in the property and development team since 2017, Sian has extensive experience in commercial litigation, primarily in the area of property litigation, disputes and advisory. As an experienced litigator, Sian has been involved in resolving disputes using alternative dispute resolution procedures. Sian acts for property developers and throughout her career has acted for a variety of clients, including insolvency practitioners, directors, and authorised representatives, on litigated matters in the areas of contracts, easement disputes, caveat disputes, option disputes, trade practices, shareholder disputes, corporate and commercial, and professional negligence Sian has been a committee member for the Urban Development Institute of Australia Seniors Living and Alternative Housing since 2021. In addition to her Bachelor of Laws, Sian holds a Master of Law and Legal Practice from the University of Technology Sydney. Sian was admitted to practice in the Supreme Court of New South Wales in April 2006, the Federal Court and High Court of Australia.


Allison Benson, Principal, Kerin Benson Lawyers
Allison is a strata & community titles lawyer who has provided general advice, acted in disputes, including building defect disputes, and worked with clients in preparing and enforcing by-laws and strata management statements since 2008. From 2012, Allison has acted exclusively on behalf of owners corporations, associations and lot owners in respect of providing advice and acting in strata and community association disputes and also in respect of building and construction disputes.

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Conveyancing Summit: Disputes and Avoiding the Risks

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All Sessions
Thursday, 11 September 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 11 September 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 11 September 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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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: Gadigal 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.