Are you ready to leverage incoming changes impacting conveyancing? Don’t miss this practical guide to the latest legislation, including the Property Law Bill 2023, Body Corporate and Community Management Amendment Bill, & more. Gain valuable insights into navigating off the plan contracts, the complexities of stamp duty and its interaction with PEXA. Learn how to overcome key planning and environmental hurdles and how best to avoid ethical pitfalls when acting for both parties.
- What is dutiable?
- When is it payable: How much and by whom?
- Tips and tricks:
- Nominating new purchasers under a contract
- Interaction with PEXA
Presented by Sam Mohammad, Solicitor, Director, Indirect Tax, RSM Australia Pty Ltd
Chair: Kathleen Ready, Director, RHR Legal; Best Lawyers 2024, Property Law
- A practical look at new and incoming legislation including the Property Law Bill 2023, and Other Legislation Amendment Bill 2023, the Australian Consumer Law and more
- Learnings from recent case law impacting conveyancing practice
- Where to from here: practical tips on preparing for and leveraging change
Presented by Simon LaBlack, Director, LaBlack Lawyers Pty Ltd; Accredited Specialist in Property Law
Receive an update on the changes to the Body Corporate and Community Management Act proposed by the new Bill introduced on 24 August 2023. Work through important new cases and consider how these key changes impact your conveyancing practice as the Bill:
- Includes changes which would reduce barriers for keeping animals, enhance protections from second-hand smoke, and enhance ability of body corporate to tow vehicles
- Includes changes to layered schemes, insurance arrangements, scheme terminations and more
Presented by Shannon Moody, Barrister, Sir Harry Gibbs Chambers
- Common mistakes in off the plan documentation
- Essential items to check in preparing off the plan contracts
- Essential items for a buyer in an off the plan contract
- Some war stories
Presented by Warren Denny, Partner, Piper Alderman; Accredited Specialist in Property Law
Chair: James Harding, Legal Practice Director, Harding Property Law
- Benefits of acting for both parties
- What the Australian Solicitors Conduct Rules 2012 (ASCR) state about avoiding conflict between duties owed to two or more current clients
- The circumstances, according to the ASCR, where you must not act
- The exception to that prohibition
- Lexon’s approach and the Protocol
- A couple of true stories from ‘both parties’ land
Presented by Roland Taylor, Director, Statewide Conveyancing
- Common planning issues to consider in due diligence
- When is a use, an ‘ancillary’ use of premises under the Planning Act 2016?
- Understanding key differences between the requirement to obtain consent to the making of a development application under the Planning Act 2016 as compared to the Building Act 1975, particularly in relation to land subject to a registered easement
Presented by Amelia Prokuda, Partner, Hamilton Locke
- PEXA & eConveyancing updates
- Compliance & security
- Best practice tips for transacting in PEXA
Presented by Lauren Franey, National Account Manager, PEXA
- Gain insights into establishing holding trusts and managing the acquisition process, ensuring a smooth and legally compliant transaction
- Explore the complexities of related party loans and understanding non-arm's length income provisions, along with insights into ATO safe harbours to ensure compliance with tax regulations
- Examine the duty and tax implications that arise after the loan used for the property purchase has been paid down
- Unpack various property ownership structures, such as direct ownership, unrelated or uncontrolled trusts, and ungeared trusts and companies, gaining a broad perspective on property investment strategies
- Discuss the impact of recent superannuation reform measures, and equip yourself with the knowledge needed to navigate changing regulatory landscapes in the realm of superannuation and property investment
Presented by Victoria Mercer, Associate, Business Depot; Wills, Estates & Succession Planning Law Rising Star, Doyle’s Guide 2022
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on QLD legislation
Presenters
James Harding, Legal Practice Director, Harding Property Law
Starting his own practice Harding Property Law in 2022, James stands out in the Queensland property and development sector with his unique blend of entrepreneurial experience and legal expertise. His firm, established to provide strategic advice on a wide array of complex property-related issues, quickly became known for its practical solutions catering to both corporate and private clients. James's journey in the legal field is underpinned by his background as a small business owner and employer, bringing a rare combination of commercial insights and legal acumen to his practice. This blend proves invaluable in navigating the intricate landscape of property law and commercial transactions. Earlier in his career, while with a national firm, James represented a diverse range of clients including State Government bodies, national statutory organizations, and charitable institutions, skilfully managing their property transactional needs in Queensland. His responsibilities encompassed the acquisition and sale of businesses, corporate restructuring, and providing intricate titling and structuring advice. James's expertise also extends to handling COVID-19 related leasing issues, where he advised national shopping centre operators. His proficiency in Foreign Investment Review Board Approval, compliance, enforcement responses, and advisory on Duties and Australian Foreign Acquirer Duty, further solidifies his reputation as a leader in property law. With his team at Harding Property Law, James continues to deliver tailored and strategic legal solutions, demonstrating a deep understanding of both the legal intricacies and the commercial realities of property transactions.
Mr. Warren Denny, Partner & National Head of Real Estate, Piper Alderman
Warren is the National Head of Real Estate at Piper Alderman. He has over 30 years’ experience acting for clients on a wide variety of real estate transactions and leads a large team of lawyers in the Brisbane office. Warren is a transaction lawyer highly skilled in the preparation and negotiation of all common real estate transactions, including leasing, acquisition and sales. Warren's capability extends to more complex transactions such as development and fund through agreements, put and call options, large commercial property transactions, strata title residential, commercial and mixed use developments, receiver and mortgagee sales, joint venture agreements, title structures, staged developments and real estate dispute resolution. Warren acts for clients across all sectors of real estate, including property development, real estate investment trusts, funds management, air and sea ports, large format retail centres, commercial office, business parks and community title. Warren also has experience in the sale and purchase of business assets subject to leases, predominately in the health industries such as medical and dental. Warren is a Queensland Law Society accredited specialist in Property Law and has been recognised by The Best Lawyers in Australia in the field of Real Property Law from 2015 to 2020.
Ms. Shannon Moody, Barrister, Sir Harry Gibbs Chambers
Shannon Moody has been at the private bar in Brisbane since 2002, and before that was a solicitor in private practice in Brisbane and Melbourne with Blake Dawson Waldron and Freehill Hollingdale and Page. At the Private Bar, Shannon specialises in all aspects of body corporate and community management law.
Victoria Mercer, Associate, Business Depot Legal
Victoria Mercer is an associate at Business Depot Legal. She assists private clients and their advisors across a range of estate planning, superannuation and structuring matters with a particular focus on inter vivos wealth transfer, blended families and business structures. Victoria has completed several modules of the Graduate Diploma of Applied Tax course.
Roland Taylor, Director, Statewide Conveyancing
Roland Taylor was admitted in 1993 to the Supreme Court of Queensland and the High Court of Australia. Roland practised in the area of Commercial Litigation until 2000 before taking over Statewide Conveyancing the residential conveyancing division of Mckays Solicitors. He was made a partner of Mckays Solicitors 2003. Roland has regularly presented at Seminars for Solicitors each year since 2004. He is the author of the legal text book Agent’s Handbook.
Mr. Simon LaBlack, Director, LaBlack Lawyers Pty Ltd
Simon LaBlack Simon practises exclusively in Property Law in Queensland. In 2017, he became one of now 25 Accredited Specialists in Queensland Property Law. Simon assists organisations and private clients in all property law related matters including property acquisitions and disposals, commercial property matters including leases, developments, transactions and disputes, subdivisions and compulsory acquisition matters. Simon is a member of the Queensland Law Society Property Law Specialist Accreditation Advisory Committee, he is a member of the PEXA Member Advisory Council, he acts as a Court-Appointed Statutory Trustee for Sale and as a specialist consultant to the profession and he is a contributing author for LexisNexis in their practical guidance materials.
Ms. Kathleen Ready, Director, RHR Legal
Kathleen Ready is the managing director of RHR Legal, a boutique firm that specialises in Property, Planning, Commercial Litigation, Family, Wealth protection, Estate Planning and Commercial Law and Family Law. Kathleen has extensive experience in all aspects of commercial, industrial, residential, retail property and planning law. As a highly skilled professional her experience extends to the following areas: acquisition and disposal of high rise commercial, retail and medical buildings, industrial property, multi-use development sites, high value islands off the Queensland coast, large and small retail shopping centres, property financing arrangements, and all associated documentation. She has a keen interest and knowledge in all aspects of Property which extends to consulting and negotiating with local councils in obtaining development approval; advising on allegations of contravention of the Environmental Protection Act; advising and acting for applicants and respondents in the Planning and Environment Court; and advising and acting for applicants seeking compensation under the Acquisition of Land Act in the Land Court. While practicing mainly in Queensland, Kathleen has a multi-jurisdictional practice that includes New South Wales and Victoria.
Ms Amelia Prokuda, Partner,
Amelia is renowned for her client-centric approach, which goes beyond delivering legal solutions to understanding the unique needs and objectives of each individual and business she serves. She has a proven track record of building strong, lasting relationships with clients by actively listening, empathising and tailoring her legal counsel to align seamlessly with their goals. Amelia has extensive experience working on matters relating to town planning, infrastructure and environmental law. She has deep expertise acting for a range of clients including property developers, commercial clients and state and local governments. Amelia often advises clients on issues relating to a diverse range of property, resources and infrastructure projects. She has experience advising clients on complex issues involving statutory interpretation, development applications, infrastructure charging regimes, development compliance programs, due diligence and environmental compliance and liability. Prior to joining Hamilton Locke, Amelia worked for Gadens Lawyers, Holding Redlich and McCullough Robertson Lawyers.
Mr. Sam Mohammad, Director, Indirect Tax, RSM
Sam Mohammad leads RSM's National indirect tax practice and has over 20 years' experience advising on indirect taxes. Sam specialises in providing practical and easy to understand GST, duty and other indirect tax advice on complex matters, with a particular focus on clients in the property and infrastructure sectors. Sam's client base includes ASX-listed property developers (both residential and commercial), mid-scale and boutique developers focusing on the south-east Queensland market and government and non-government entities involved in large-scale infrastructure projects across Queensland, New South Wales and Victoria (e.g., public private partnerships and development lease arrangements). Sam is a member of the ATO’s GST Stewardship Group and a member of the Tax Institute’s State Taxes Committee.
Lauren Franey, National Account Manager, PEXA
Lauren Franey is a National Account Manager at PEXA, supporting lawyers, conveyancers and working with industry stakeholders across Queensland, New South Wales and the Australian Capital Territory to streamline processes related to electronic settlements and driving efficiencies to support the property ecosystem. Prior to working at PEXA, Lauren worked as a Conveyancing Manager, leading and supporting a team of paralegals and administration staff with high volumes of residential, commercial and off the plan property transactions, whilst growing and maintaining a broad network of referrers and long-term clients that she is still connected to today. Given her tenure in practicing conveyancing prior to PEXA, Lauren is passionate in her support of PEXA’s practitioner customers and in connecting with key stakeholders to advocate for practitioners and their clients.