Conveyancing Conference: Pitfalls and Solutions

When undertaking conveyancing transactions, when things go wrong you need a proven solution. Attend and unpack tips and traps when acting for an owner builder vendor, how to handle caveats, contract breaches, super fund purchases, and FIRB. Receive a conveyancer’s guide to reviewing standard form building contracts and more, all while obtaining your core CPD units. Walk away with proven solutions to some of the most permeating conveyancing issues. 243V11

Thursday, 14 March 2024
9.50am to 10.40am Caveats Against Dealings
  • When can a caveat be lodged
  • What is a sufficient interest in land to lodge a caveat
  • Procedure for removing a caveat
  • Consequences of improperly lodging a caveat

Presented by Nicholas Jones, Barrister, Svenson Barristers

12.25pm to 1.10pm FIRB Update: What Conveyancers Must be Aware Of

With penalties applying for failure to comply following the introduction of the Register of Foreign Ownership of Australian Assets, ensure your up to date on the latest across FIRB in conveyancing transactions. Join for a detailed discussion on:

  • A general overview of FIRB framework as it applies to residential property transactions
  • Who needs to apply for FIRB approval (and what are the exemptions: a few will surprise you!)
  • How much does it cost (and can you get a refund?)
  • What happens if you don’t apply (or make a mistake)
  • What happens after you settle (registration obligations on the Register of Foreign Ownership of Australian Assets)

Presented by Lewis Apostolou, Partner, Baker McKenzie and Marissa Volaris, Associate (Corporate – Funds), Baker McKenzie

Session 1: Conveyancing Solutions: Owner Builder Vendor, Caveats, SMSFs & FIRB

Chair: Tom Cantwell, Partner, Mills Oakley; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2022; Best Lawyers 2022, Real Property Law

9.00am to 9.50am Tips and Traps in Acting for an Owner Builder Vendor
  • What is the problem? Compliance or liability
  • Who is an owner builder?
  • What if people other than the owner builder is on the title?
  • Do I need a contract or contracts?
  • Are they Domestic Building Contracts?
  • Understanding insurance requirements
  • Single trade exceptions
  • Off the plan owner builder
  • Consequences
  • Is the law changing?

Presented by David McKenzie, Special Counsel, MNG Lawyers; Accredited Specialist in Property Law

10.55am to 11.40am Contracts for the Sale of Land: Defaults, Rescission and Repudiation
  • Most common causes of defaults: risk areas
  • Dealing with breaches: consequences and considerations
  • Default Notices versus Rescission Notices
  • Vendor defaults versus purchaser defaults

Presented by Julie Barkla, Partner, Wisewould Mahony Lawyers

11.40am to 12.25pm Conveyancing Tips for Purchasing Through Super Funds
  • Overview of limited recourse borrowing arrangement and bare trust structures
  • Purchaser description on contract of sale
  • Managing Stamp Duty and GST issues
  • Alternative structures to direct borrowing

Presented by Nathan Papson, Principal, Papson Legal

Practice Management & Business Skills
3.00pm to 4.00pm What Went Wrong? Conveyancing Pitfalls and Risk Management Case Studies
  • Establishing a practical risk management system
  • Identifying, assessing and mitigating risk
  • Client engagement and ensuring your expectation matches the client’s expectation
  • Managing the challenges that comes with increased accessibility and speed of communications via technology
  • Lessons from recent cases

Presented by Leila Chalk, Principal Solicitor, Forty Four Degrees Pty Ltd and Hans Richmond, Solicitor, Forty Four Degrees Pty Ltd

Professional Skills
4.15pm to 5.15pm The Conveyancers Guide to Reviewing Standard Form Building Contracts
  • The different types of contracts: e.g., one house and land contract or two separate contracts (one for the land and then the other contract for building works)
  • How should the building and land contracts interrelate?
  • What your letter of review should cover and why?
  • What amendments to request to ensure the contract complies with the Domestic Building Contracts Act?
  • Typical provisions to avoid as they breach the Domestic Building Contracts Act?
  • What documents should be annexed to form part of the building contract

Presented by Donna Abu-Elias, Director and Principal Lawyer, Spectrum Lawyers & Consultants

Session 2: Ethics, Professional Skills & Practice Management for Conveyancers

Chair: Rochelle Castro, Principal Lawyer, RC & Co Lawyers

Ethics & Professional Responsibility
2.00pm to 3.00pm Clearing the Gray Areas in Verification of Identity
  • Fraud and verification of identity
  • Professional liability
  • Reasonable steps under 87A of the Transfer of Land Act 1958 (Vic)
  • Verification of identity standard under s 106A(1)(f) of the Transfer of Land Act

Presented by Tasman Ash Fleming, Barrister & Accredited Mediator NMAS, Victorian Bar

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on VIC legislation

10.40am to 10.55am Morning Tea
4.00pm to 4.15pm Afternoon Tea
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair

Presenters


Ms. Julie Barkla, Partner,
Julie Barkla is a Partner of Wisewould Mahony Lawyers and leads their Property Law team. Julie has practised at Wisewould Mahony (previously Wisewoulds) for over 15 years, operating in the Property, Mortgage, Banking & Finance and Credit Law areas. Initially developing and refining her skills in the operation of Wisewoulds' solicitors' mortgage practice, Julie now offers legal assistance to a growing range of external mid-tier and independent financiers. As many mortgage transactions are tied in with purchases of real property, Julie also has frequent exposure to conveyancing transactions and the changing landscape of that area of law. Julie has an avid interest in mortgage and other property law related case law and has written a number of papers on issues facing property lawyers, including those pertaining to the enforcement of mortgages, ethics for property lawyers, restrictive covenants and the new Personal Property Securities legislation (insofar as it impacts property lawyers). Julie has also completed a Master of Laws (University of Melbourne).She is also a member of the Committee of the Property and Environmental Law Section of the Law Institute of Victoria and sits on a number of its sub-committees.


Mr Nathan Papson, Principal,
Nathan Papson is Papson Legal's principal lawyer, with experience in the fields of SMSF law, taxation law, estate planning and commercial law. During his career he has worked in the taxation division of a Big 4 accounting firm as well as a number of prominent SMSF legal practices. His qualifications include a Master of Laws from the University of Melbourne (focussed on taxation), as well as industry qualifications of Chartered Tax Adviser (by The Taxation Institute) and SMSF Specialist Adviser (by the SMSF Association - a leading industry group on SMSFs). This combination of qualifications is among the highest attainable in the areas of SMSF and taxation law. Nathan has given presentations on superannuation and taxation for CPA Australia, the SMSF Association, the Melbourne Business School and to various discussion groups and forums. He has also been widely published, including by The Taxation Institute's Blue Journal, Money Management Magazine, Lexis Nexis and CCH (among others).


Ms. Leila Chalk, Principal Solicitor,
Leila Chalk is the Principal Solicitor at Forty Four Degrees Legal; a firm passionate about bridging the gap between new technology and bespoke service. Leila has practiced in the areas of Property, Commercial, Family, and Criminal law. She has a LLM from ANU focusing on innovation in the legal profession and a particular interest in the marketing and management of businesses.


Ms. Donna Abu-Elias, Director, Principal Lawyer,
Having worked in private practice at Clayton Utz and as an in-house general counsel for both commercial builders and residential builders, Donna Abu-Elias founded Spectrum Lawyers & Consultants as she was passionate about the building and construction industry. Donna was admitted as a lawyer in April 2004. Donna has worked from some of the major volume builders in Australia including Burbank Group, Carlisle Homes and Simonds Group. Donna has been a member of the Housing Industry Association (HIA) IR & Legal Committee from 2013 and was appointed as the Deputy Chair in 2020. Donna completed her Diploma in Construction Law in 2013. Spectrum Lawyers & Consultants specialises in building and construction advice and dispute, and represents owners and/or builders in Courts, VCAT and before the Building Appeals Board.


Mr. Tasman Ash Fleming, Barrister & Accredited Mediator NMAS,
Tasman Ash Fleming Tasman is a Barrister and Accredited Mediator NMAS. In November 2021 Tasman Completed the Oxford Program on Negotiation at the Saïd Business School, University of Oxford. Tasman offers commercial and independent experience in all mediations including commercial, bankruptcy, property and wills and estates. Immediately prior to coming to the bar Tasman worked as a solicitor advocate in Government where he gained experience in Court advocacy, including preparation of briefs and giving complex legal advice on urgent matters. Prior to joining the public service, Tasman was in private practice at a boutique firm and acted in a range of matters including Property Law, Bankruptcy, Probate & Wills/ TFM and Commercial Litigation and appeared in the Magistrates’ Court of Victoria, Federal Magistrates’ Court and VCAT. Tasman is currently an adjunct lecturer in the GDLP at the College of Law Victoria where he also runs advocacy and NDR workshops as part of the lawyer’s skills component of the GDLP. Subjects taught include Civil Litigation, Commercial and Corporate, Property Law, Ethics and Professional Responsibility, Administrative Law, Consumer Law, Wills and Estates, Banking and Finance Practice In 2022 Tasman was appointed Teaching Associate at Monash University: tutor in Litigation and Dispute Resolution and Trusts. In 2020 at The Australian Catholic University Melbourne (ACU) Tasman was lecturer-in-Charge Evidence and tutor in Torts, Land and Family Law.


Mr. Nicholas Jones, Barrister,
Nicholas Jones is a barrister and a member of the Victorian Bar. He was admitted to practice in 1986. Nicholas signed the roll of counsel in 1991 and has practised as a barrister since that time. In addition, Nicholas is a nationally accredited mediator. His practice at the Bar includes Court and Tribunal appearances, drawing pleadings and other court documents and providing advice. He has practised extensively in the area of property law for a number of years including matters involving the Subdivision Act 1989, the Owners Corporation Act 2006, easements, caveats, adverse possession and landlord and tenant including disputes under the retail leasing legislation. Nicholas appears regularly at VCAT and at Court in disputes in relation to these areas of practice.


Mr David McKenzie, Special Counsel, MNG Lawyers
David McKenzie has eighteen plus years of PQE and has spent the vast majority of that time practising in the area of property law. Specifically David has completed transactions in the following areas: Subdivisions (both tower and green field); Planning issues related to subdivision; Section 173 agreements and the issues related to those agreements; MCPs both drafting and registering; Covenant drafting and removal; Law of easements; Owners Corporations; Leasing (Retail and Commercial); Adverse possession claims and Easements by prescription.


Mr. Hans Richmond, Solicitor,
Hans Richmond is a Solicitor at Forty Four Degrees Legal; a firm passionate about bridging the gap between new technology and bespoke service. Hans practices in property law, wills and estates and commercial law. Previous to working at Forty Four Degrees, Hans worked in banking and finance law where he gained experience working with complex borrowing arrangements, self-managed super funds, and mortgages. He holds a Juris Doctor from Monash University.


Ms. Marissa Volaris, Associate, Baker & McKenzie
Marissa is an Associate in Baker McKenzie’s Melbourne Corporate (Funds) team. She acts for major listed and unlisted institutions on cross-border corporate and funds transactions.


Ms Rochelle Castro, Principal Lawyer, RC & Co Lawyers
Rochelle Castro is a strata lawyer and owner of RC & Co Lawyers. She was a university instructor before dedicating her service to law. Whilst working to further improve her legal skills, Rochelle saw that she could better serve her clients by not only advising and advocating for them, but also educating them. She works with her “A-team” at RC & Co Lawyers, through constant rigorous training, so that they could provide effective, resourceful and clear legal service to clients. Rochelle appears in tribunals and various court jurisdictions to advocate her clients’ rights. She presents papers on strata and construction law in local and international research forums. She is also a volunteer trainer of Strata Community Association’s A100 and committee training programs.


Mr. Lewis Apostolou, Partner, Baker McKenzie
Lewis Apostolou is a corporate and securities partner and head of the Baker McKenzie Australia Funds Transactions Group. He helps clients undertake domestic and cross-border capital markets and M&A transactions. Lewis has been ranked as a leading lawyer for investment funds in Chambers Asia Pacific since 2012.

243V11

Conveyancing Conference: Pitfalls and Solutions

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All Sessions
Thursday, 14 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 8
$795.00
$795.00
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Morning Session
Thursday, 14 March 2024
9.00am to 1.10pm Australia/Sydney
CPD Points 5
$505.00
$505.00
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Afternoon Session
Thursday, 14 March 2024
1.10pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here