A Practical Guide to Complex Conveyancing Issues 2023

This comprehensive practical guide to critical conveyancing issues will take you through 8 important conveyancing issues, providing real world advice to handling tricky legal issues and legislative reform. Be on top of the latest developments and strategies in the most essential areas of conveyancing: Strata title, AML, purchasing through trusts, SMSFs & corporations. Plus, develop a toolkit for navigating distressed transactions and disputes when they arise.
Thursday, 21 September 2023
4.15pm to 5.15pm Remedies and Rights of Parties in Option Agreements and Sale Contracts Post-Settlement

 

  • Option Agreements
    • Commercial reasons to enter into option agreements
    • Agreement structure: initial option, fees, pre-conditions etc
    • Notice of exercise / assignment / novation and issues arising (specific performance, negligence claims)
    • Negotiated extensions and risks arising
    • Caveatable interests and rights arising
  • Sale Contracts
    • Conveyancing timetable: from exchange to settlement and beyond
    • Representations - pre-contract and post-exchange, entire agreement clauses and warranties
    • Indefeasibility of title and Torrens Title fraud claims
    • Australian Consumer Law claims for misleading or deceptive conduct; breach of warranty claims; negligence claims

Presented by Gavin Stuart, Partner, Bartier Perry

12.20pm to 1.05pm Critical Recent Conveyancing Cases You Need to Know

 

Analyse the latest conveyancing cases impacting your practice including 2023 decisions on pre-contract agreements, misleading conduct, recovery of the deposit, caveats and electronic conveyancing certifications, and more.
Presented by Gary Newton, Partner, HWL Ebsworth Lawyers; Accredited Specialist in Property Law; Author, Conveyancing Service NSW Looseleaf, Annotated Conveyancing and Real Property Legislation and the drop out books. Co-author, 'Land Acquisition' 7th Edition; recognised in Best Lawyers 2022,2023, Real Property Law, Leasing Law; Recommended Leasing Lawyer, Doyle’s Guide 2022,2023

3.00pm to 4.00pm Conveyancing Disputes: Avoiding a Dispute and Dealing with Conflict

 

Examine the key risks for vendors and purchasers, common mistakes in contract drafting and current issues in contract negotiations and transactions likely to lead to disputes.
Presented by Rani Narulla, Special Counsel, Baker & McKenzie

9.05am to 9.50am A Guide to New Legislative Reforms Impacting Strata Title Conveyancing

 

Explore key new legislative reforms related to strata title and conveyancing that will impact your clients and your practice.
Presented by Ian McKnight, Special Counsel, Pobi Lawyers

9.50am to 10.35am Understanding the Various Ways to Purchase Property

 

  • Trusts: tips and traps in using trusts
  • SMSFs: when and how to buy through an SMSF
  • Corporations and partnerships: what you need to know

Presented by Denis Barlin, Barrister, Thirteen Wentworth Selborne

10.50am to 11.35am Unusual Transactions and Transactions in Trouble

 

  • Breach of an implied terms in a sale of land contract: Can the breach be fixed?
  • Standard clause 2: Who keeps the deposit?
  • Standard clause 28: When can the vendor rescind?
  • When is specific performance appropriate?
  • Put and call option agreements: Option Fees

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

Description

Attend and earn 7 CPD units including:
6.5 units in Substantive Law
0.5 unit in Practice Management & Business Skills

This program is based on NSW legislation

10.35am to 10.50am Morning Tea
Session 1: Conveyancing: Key Updates and Essential Considerations
Chair:  Diane Skapinker , Principal, Skapinker Law; formerly an Associate Professor of Law at the University of Sydney lecturing in Real Property, Conveyancing and Equity; Recognised in real estate by Chambers Asia-Pacific,  Doyle's Guide Best Lawyers  Australia
9.00am to 9.05am Opening Comments by the Chair
Practice Management & Business Skills
11.35am to 12.20pm Anti-Money Laundering Challenges and Opportunities for Property Lawyers and 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 property lawyers and conveyancers.

Presented by Neil Jeans, Partner - Risk Consulting, Grant Thornton

Session 2: Conveyancing: Ultimate Guide to Disputes
Chair:  Lexia Wilson , Principal Lawyer, Lexia Wilson Lawyers
4.00pm to 4.15pm Afternoon Tea
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
2.00pm to 3.00pm Gambling with Your Property Rights: Issues That Can Arise in Off-The-Plan Sales

 

With a focus upon a series of cases decided in the Supreme Court and Court of Appeal, join experienced Barristers and discuss:

 

  • Indefeasibility and stays
  • When a right to caveat gives rise to a proprietary right, what a non-proprietary right to caveat entails and related considerations such as compensation
  • What is legal tender in discharge of a sale of land contract - cash, poker chips, forgiveness of 3rd party loans
  • Priorities between interests in land
  • Jones v Dunkel issues in the context of liquidation
  • Costs, including third party costs orders

Presented by Joshua Knackstredt, Barrister, Greenway Chambers and Michael Connor, Barrister, Greenway Chambers

Presenters


Mr. Ian McKnight, Special Counsel, Pobi Lawyers
Ian McKnight is a Practice Group leader and widely regarded as a doyen of strata law in New South Wales. His standing has been earned over the course of a 43 year career bestriding property law and strata management. Unique amongst property lawyers, Ian is a genuine specialist. Strata and community title law is not a part time pursuit, it forms the core of his day-to-day legal practice. He brings firsthand experience of the strata challenges to his advice from his time as a director of a corporate strata management firm. A sought after keynote speaker, Ian provides regular education sessions to the Real Estate Institute of Australia and on occasion to Strata Community Australia. He publishes widely on the subject of strata law. Ian counts among his clients strata managing agents, owners corporations, developers, building managers, property professionals, real estate investors and regulators.


Mr. Denis Barlin, Barrister, Thirteen Wentworth Selborne
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.


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.


Mr. 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.Neil has been providing specialist AML/CTF consultancy services since 2012, including giving advice and support to businesses subject to AML/CTF regulation, developing and delivering ML/TF risk assessments and AML/CTF programs, undertaking independent reviews of the adequacy of AML/CTF compliance and the supporting systems and controls, and providing advisory services in relation to regulatory compliance and regulatory enforcement activity. As well as supporting businesses in achieving and maintaining AML/CTF compliance, Neil has supported businesses in responding to formal AUSTRAC investigations, has acted as an AUSTRAC authorised external auditor, has acted as an expert witness in AML/CTF enforcement actions, and has undertaken reviews to confirm the completion of AML/CTF remediation activity.


Mr. Joshua Knackstredt, Barrister, Greenway Chambers
Joshua Knackstredt was called to the Bar in 2007. He specialises in providing high-quality advocacy and advice to a broad range of clients in litigious matters involving commercial/ equity, corporations, real property/ construction and insolvency/ bankruptcy law. He has appeared both led and unled in the NSW Supreme Court, NSW Court of Appeal and Full Federal Court, as well as in other courts both in NSW and interstate, and in various statutory tribunals. Joshua graduated from Macquarie University with First Class Honours in Law in 2005 and since then has completed a Master of Laws at the University of Sydney. Prior to being called to the Bar, Joshua worked as Tipstaff to the Hon. Justice R P Austin of the Supreme Court, following which he was employed as a solicitor at Clayton Utz.


Mr. Michael Connor, Barrister, Greenway Chambers
Michael Connor is a Sydney-based barrister who accepts briefs in all areas of the law. His areas of expertise include commercial law and equity, corporations law, insolvency law, intellectual property, building and construction law, coronial inquests and property law. His clients include major banks, insurers, insolvency practitioners, small-to-medium enterprises and ASX-listed companies. Michael takes a strategic approach to resolving disputes and works closely with instructing solicitors, experts and clients to forensically analyse and resolve complex issues. He has appeared both led and unled in many jurisdictions, including the Supreme Court of NSW and the Federal Court of Australia. Michael understands the challenges that face solicitors and clients, and enjoys working collaboratively with dedicated professionals to achieve the best commercial outcome for clients. He has a reputation as a precise advocate, and is well regarded for his commercial approach and meticulous understanding of the factual and legal issues in each matter. Michael was called to the bar in 2018, after working for eight years as a solicitor at DibbsBarker and Gadens, and as a Senior Associate in MacPherson Kelly’s commercial litigation team. Outside of chambers, Michael enjoys racing motorcycles, long distance running and water sports, including surfing, stand-up paddle boarding and sailing. He is also passionate about the arts.


Mr. Gavin Stuart, Partner, Bartier Perry
Gavin is head of Bartier Perry’s Dispute Resolution & Advisory team and has over 25 years’ legal experience focusing on commercial disputes, litigation and dispute resolution. He has a wealth of experience conducting proceedings in the Supreme Court of NSW, the Federal Court of Australia as well as specialist tribunals. He helps his clients avoid the litigation treadmill where he can and instead, prefers to solve their disputes through strategies designed to shorten exposure to litigation such as negotiation or mediation. An area of interest for Gavin is helping his clients extricate themselves from broken partnership, shareholder and joint venture relationships and seeing them to a position where they can get on with their next opportunity. Gavin is also interested in the convergence of the law and digital technologies, including social media. He regularly advises online businesses and specialises in helping clients get better outcomes in disputes involving unlawful online conduct, copyright and confidential information. He also enjoys working with clients involved with commercialisation of technology. Gavin has been involved in cross border disputes involving jurisdictions such as England, New Zealand, India, and the USA. He also has experience with institutional and ad hoc international arbitrations.


Mr. 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 holds a Bachelor of Laws degree from the University of Sydney and is 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 a book published in December 2017 called "Land Acquisition" 7th edition by Gary Newton and Christopher Conolly. Gary is also the co-author of a book "Real Property Law Case Summaries" Newton’s 4th edition and the co-author and the co-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’ 2022-203. Gary has been listed again in the 2024 edition of Best Lawyers and Doyles Guide for Leasing Law and for Real Property Law.


Mr. Rani Narulla, Special Counsel, Baker & McKenzie
Rani Narulla is a special counsel with over ten years experience in dispute resolution and commercial litigation, with a particular focus on property disputes. Rani serves as a leader for gender equality within the Firm. Recently, Rani has been advising property clients on issues arising from the legal and commercial challenges created by the COVID-19 pandemic, particularly for retail or other commercial leases. In her usual practice, Rani advises a range of clients on leasing issues, most commonly breaches such as failure to pay rent or outgoings or trade, rights to terminate, make good issues and problems arising from incorrect exercise of options or delivery of other notices. Rani also advises on issues arising from negotiations or performance of a contract for sale, including drafting termination notices. She has a breadth of experience in general commercial and property litigation matters in state and federal jurisdictions within Australia, including claims for negligence, breach of lease, licence or contract, misleading conduct, in equity and under statute, in connection with disputes arising in fields such as property, technology, financial and professional services.


Diane Skapinker, Principal, Skapinker Law
Principal, Skapinker Law is Principal at Skapinker Law and previously a consultant at Ashurst. Diane practices in all aspects of property law, including property developments, strata and community titling, acquisitions, disposals and leasing and has particular expertise in the property aspects of telecommunications, data centre and infrastructure projects. Diane was formerly an Associate Professor of Law at the University of Sydney lecturing in Real Property, Conveyancing and Equity, and since 2009 has been a member of the NSW Law Society’s Property Law Committee and a member of the subcommittee responsible for drafting the NSW standard form contract for the sale and purchase of land. Diane is recognised as a real estate practitioner by Chambers Asia-Pacific, Doyle's Guide and Best Lawyers Australia.

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A Practical Guide to Complex Conveyancing Issues 2023

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All Sessions
Thursday, 21 September 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
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$795.00
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Morning Session
Thursday, 21 September 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
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Afternoon Session
Thursday, 21 September 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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$420.00
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Venue
Cliftons - Margaret St

Level 13, 60 Margaret Street, Sydney

Directions Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)  

 

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