Are you ready to maximise property development potential? With changes to the management of crown land, planning and environment updates and developments in compulsory land acquisition claims, it’s vital you stay well-informed and capitalise on the new prospects offered. Receive a comprehensive update on commercial leasing, unpack your ethical obligations as a property lawyer, uncover privacy risks, sharpen your caveat dispute resolution skills & more. 243W16
Chair: Shannon Davies, Principal, Stork Davies; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020-2023; Recommended Leasing Lawyer, Doyle’s Guide 2023; Best Lawyers 2023, 2024, Leasing Law; Best Lawyers 2024, Real Property Law
We live in a time of unprecedented political appetite for reforming the planning and environmental law systems, in particular to address the housing supply shortages and ever-increasing land prices, join for a detailed session as you consider:
- What reforms are being implemented or well on the way to being made?
- Can they really make a difference?
Presented by Glen McLeod, Principal, Glen McLeod Legal; Leading Planning & Environment Lawyer, Doyle’s Guide 2023, Preeminent Planning & Environment Lawyer, Doyle’s Guide 2022
- Compensation a land owner is entitled to: We'll provide clarity on the types of claims that can be made, from the taking of land value to injurious affection, to disruption of business, ensuring you're fully aware of entitlements for landowners. This will include consideration of both the Land Administration Act and reservations under the Planning and Development Act
- Learn how to select and work with experts: Find out how to instruct professionals effectively and properly to strengthen your case and achieve the correct outcome for your claim while not crossing the ethical divide by telling the expert what to say;
- Master the art of negotiation and legal progression: this will touch on the process of negotiating a fair settlement and, if necessary, how to progress with a legal action to secure the compensation to which a landowner is entitled
Presented by Tim Houweling, Director, Cornerstone Legal; Recommended Planning & Environment Lawyer, Doyle’s Guide 2023
Join us for a conversation about ethical risks in real property. Explore real-world examples, key facts, and develop strategies to avoid getting caught in these traps. In this session you will analyse:
- Who is the client?
- Verification of identity: policies
- Is capacity of a client in issue?
- Is the client a person or a company? Proof?
- Authority to instruct: Who says?
- Ceasing to act
Presented by Lauren Evans, Special Counsel, Pragma Lawyers
Gain guidance for clients seeking to:
- Remove caveats by issuing lapsing notices under s 138B(1) of the Transfer of Land Act 1893 (WA) (TLA);
- Contest lapsing notices by applying to the Supreme Court under 138C(2)(a)(ii) TLA
- Practical guidance in relation to caveat litigation
Presented by Lachlan Palmos, Principal, Palmos Legal
Examine some of the key developments, trends, and cases in retail and commercial leasing with a leading practitioner as he breaks down the facts of each case and the crucial takeaways you can add to your leasing knowledge base and repertoire.
Presented by Matt Reid, Partner, Jackson McDonald
- Issues to consider in obtaining tenure over Crown land in Western Australia
- Tenure options available under the Land Administration Act 1997 including the recently enacted diversification lease
- Tenure options available under other Acts
- Native title ‘future act’ and compensation
- Mining overlap
- Other interest holders
- The timeline and process for the grant of tenure over Crown land
Presented by Sandra Eckert, Legal Consultant, MinterEllison
Chair: Professor Stephen Owen-Conway KC, Sir Lawrence Jackson Chambers
- Understanding your privacy obligations and responsibilities
- Identifying privacy risks in your matters: the often overlooked risks and red flags
- How to resolve and prevent privacy risks in your practice
- What you can and can’t do with client information and data? Examples and practical tips
Presented by Ben McPherson, Special Counsel, Stork Davies
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 WA legislation
Presenters
Lachlan Palmos, Principal, Palmos Legal
Lachlan graduated with honours from the University of Notre Dame Fremantle, and was admitted to practice in Western Australia in 2013. Prior to establishing Palmos Legal in 2018, Lachlan spent three years at a highly regarded boutique commercial practice in West Perth and later at the Perth office of top-tier national law firm. Lachlan appears regularly as counsel in most Western Australian courts and tribunals, and has particular expertise in property law, insolvency and commercial disputes. Lachlan’s clients include many of Western Australia’s largest private schools (both independent and SECWA schools), major insurance companies, residential and commercial construction companies, law firms and accounting practices. Lachlan has an ongoing pro-bono practice, and has been the Chairman of the Western Australian Suburban Turf Cricket Association Tribunal since 2019. Lachlan is also a member of several Legal Aid Commission panels, and has held lecturing and tutoring positions in law units at UWA and Central Queensland University.
Sandra Eckert, Legal Consultant, MinterEllison
Sandra Eckert has worked as a lawyer in a mix of private practice and inhouse Government legal positions, practising in a wide range of property law. Prior to her current role as Legal Consultant at MinterEllison, Sandra was General Counsel of the Crown Lands legal team at the Department of Planning, Lands and Heritage and its predecessor agencies. She has worked for over 18 years in Government and continues to advise various State government agencies in her role at MinterEllison. Earlier on in her career Sandra worked at Corrs Chambers Westgarth, the Australian Securities Commission (now ASIC), DOLA and a number of small boutique law firms. Her current role covers a wide range of private and government clients advising on property developments and native title; as well as broader advice on legislative and public policy reform. Her duties as inhouse Government lawyer covered a broad range of legal, legislative and policy roles including: general legal advice and drafting of agreements, leases and other tenure documents relating to Crown land (which ranged from the Perth Convention and Exhibition Centre, to major State significant resource related infrastructure projects and land development agreements); providing advice and contributing to the development of policy in relation to native title and compulsory acquisition of interests in land; acted as instructing officer on amendments to a number of Acts under the Department's administration including the Land Administration Act 1997 and provided significant input into the development of other Acts which impacted on the operations of the Department including the Carbon Rights Act 2003, the development of the Planning and Development Act 2005 and the Commonwealth’s Carbon Credits (Carbon Farming Initiative) Act 2011; guided the renewal of approximately 500 pastoral leases on 1 July 2015 by the Department; and was lead negotiator on a major indigenous land use agreement for the State with a Pilbara native title group. Sandra was Australian Corporate Lawyer Association Government Lawyer of the Year 2012, Institute of Public Administration Australia Policy Practitioner of the Year 2017 and led her team as winner of the Australian Corporate Lawyer Association Large Legal Team of the Year in 2017.
Tim Houweling, Director, Cornerstone Legal
Tim Houweling is a Director at Cornerstone Legal. Tim has been providing legal services to clients of all levels and local governments for over 20 years and understands the complexities they face. Tim primarily practices law involving Town Planning, Environmental Law, Native Title, Local Government Law and Land Compensation matters. Tim often appears in the District Court, Supreme Court , Administrative Appeals Tribunal and State Administrative Tribunal. His qualifications includes: Bachelor of Laws from Murdoch University; Bachelor of Arts from Curtin University; Master of Laws from the University of Western Australia; Admitted to the Supreme Court; Admitted to the High Court; Adjunct Professor at Law.
Mr. Glen McLeod, Principal, Glen McLeod Legal
Glen McLeod is the Principal of Glen McLeod Legal and has 45 years of experience in environmental, town planning, government and development law. He has held senior positions in major law firms in Perth and London. In July 2012 he established the independent niche firm, Glen McLeod Legal. Glen and his firm have for some years been recognised as being ‘preeminent’ in their fields in Doyles Guide to the Legal Profession. He is a former member of the WA Environmental Protection Authority and the International Bar Association’s Council for the Section on Energy, Environment Resources and Infrastructure Law. He is also a member of the WA Law Society’s Environment Town Planning and Local Government Committee and is a Fellow of the Royal Society of Arts. He was the recipient of the 2016 WA Law Society’s Lawyer of the Year Award. Glen is an Adjunct Professor at Murdoch University, where he has taught units in environmental and town planning law. He is the General Editor of the national loose leaf publication Planning Law in Australia (Thomson Reuters) and an editor of the Local Government Law Journal (Thomson Reuters).
Ben McPherson, Special Counsel, Stork Davies
Ben practises in general commercial law and commercial property law. He has particular experience advising in the areas of business acquisitions (buyer and seller), hospitality and events, franchising, start-ups & ecommerce, data and privacy, PPSA compliance and commercial and retail leasing. Ben has extensive experience in drafting and negotiating agreements of all kinds, including sale and purchase of business agreements, sale of goods/services agreements, franchise agreements, intellectual property licences, property sale agreements, shareholder/unitholder agreements and distribution agreements, with a focus on achieving the commercial outcomes desired by his clients. Ben also has experience in construction law, including construction contracts (negotiating, preparing and reviewing) and construction disputes (including adjudications). Ben prides himself on delivering clear and practical legal advice to his clients which range from sole traders and small business owners to large corporates. Outside of law, Ben enjoys a wide range of sports including golf, tennis, squash and basketball and can otherwise be found enjoying one of WA’s many beaches or other outdoor locations.
Matt Reid, Partner, Jackson McDonald
Matt Reid Matt has been a litigation partner at Jackson McDonald since 2014 and leads a team that specialises in resolving property and planning related disputes. The team works closely with Jackson McDonald’s front end Real Estate team and has a client base consisting of land developers, local governments, property investors, high-net-worth families, commercial landlords and tenants, retirement village operators and social housing providers. Matt represents clients in all Western Australian courts and the State Administrative Tribunal and is experienced in handling complex and document intensive litigation.
Lauren Evans, Special Counsel, Pragma Lawyers
Lauren is a Special Counsel at Pragma Lawyers, specialising in property and real estate transactions. Lauren graduated from the University of Notre Dame Australia with a Bachelor of Laws and Bachelor of Arts in 2010, and was admitted to practice in the Supreme Court of Western Australia in 2011. Lauren has spent over a decade working as a property lawyer, practising in top tier national and international firms and acting on matters spanning across all Australian jurisdictions. Lauren has experience across a broad range of property and real estate matters, including due diligence; contract review and preparation; agricultural, commercial, industrial, port and retail leasing; the sale and purchase of land, including office buildings, shopping centres, agricultural land, interests in Crown land and residential land; government projects; land developments and access rights including easements and licences. Due to the nature of property work, Lauren also has experience with business sales, FIRB applications and requirements, planning and environment related issues including native title and contamination, and GST and transfer duty laws and requirements as they relate to property transactions. Having worked on a number of large-scale transactions and projects, including the purchase of iconic landmarks such as the Old Swan Brewery and large cattle stations across Western Australia and the Northern Territory, Lauren understands the need to provide clear, pragmatic and commercially minded advice to her clients with a focus on the bigger picture, while still ensuring impeccable attention to detail.