Property Law Conference

Are you across the latest wave of incoming legislation to Queensland property law? Receive a significant breakdown of the latest major changes impacting the property sector, elevate your success in subdivisions and break down what can go wrong. With increasing concern surrounding the sustainability of developments, gain an overview of current policies, key legislative initiatives and ensure regulatory compliance when carbon projects and environmental offsets crop up in your property endeavours. 243Q21

Friday, 15 March 2024
Session 1: Property Law in a Changing Landscape: Updates, Subdivision, Sustainability & Compliance

Chair: Lindsey Alford, Barrister, Sir Harry Gibbs Chambers

9.05am to 9.50am Upcoming Changes Under the Property Law Bill 2023
  • Introduction to the major changes to Qld property law arising from the Property Law Bill 2023
  • Brief history and stated objectives of the Bill and its commencement date
  • Changes to seller disclosure requirements for all sales of land
  • Changes to extension of time for settlement in certain cases
  • Changes affecting mortgages
  • Changes affecting leases including assignment
  • Changes affecting easements including enforceability of covenants upon subsequent owners of land
  • Existing provisions repealed by the Property Law Bill 2023

Presented by Michael Thomson, Barrister, Fullagar Chambers

9.50am to 10.35am Amendments to Body Corporate and Community Management Act
  • Termination of schemes: by Court order
  • Court considerations
  • Termination of schemes:
  • Economic reasons
  • Termination plan
  • Pre-termination report
  • Meetings and resolutions
  • Administrative matters
  • Applications to Court
  • Effect of termination
  • Other matters: Conduct of occupiers
  • Towing of vehicles
  • Smoking
  • Keeping of animals
  • By-Law Contravention Notices
  • Insurance
  • Information to be given to interested persons

Presented by Robert Herd, Director, Herdlaw - The Body Corporate Lawyers

10.50am to 11.35am Subdivisions: What Can Go Wrong?

Subdivisions can be an ideal way for property owners to increase the value of their land. However, there are many facets to the subdivision process and issues can arise along the way.

  • Be guided thought managing the subdivision process for your clients and what to do to ensure the process goes smoothly

Presented by Stephen Gibson, Director, Commercial Leasing & Property, McCarthy Durie Lawyers; Accredited Specialist in Property Law

12.20pm to 1.05pm Crucial Land Use Regulatory Compliance Matters for Property Lawyers
  • Consideration of the laws that can significantly affect the value of land and the ability to use it for particular purposes
  • Regulatory compliance matters which may prevent the development of the land including vegetation, environmental, planning and other binding mechanisms on title
  • Understanding your obligations as a proponent and as a landowner in respect of mining agreement and cultural heritage management
  • Understanding carbon projects and environmental offsets, and other compensation agreements registered on title
  • Failure to understand these regulatory frameworks may well result in the land not being able to be used for intended purpose

Presented by Leanne O’Neill, Partner, Cooper Grace Ward Lawyers

Session 2: Ethics, Professional Skills, and Practice Management for Property Lawyers

Chair: Ben McEniery, Barrister, Deane Chambers

11.35am to 12.20pm Sustainability in the Commercial Property Industry
  • Overview of Australia’s sustainability policies and key legislative initiatives
  • Emissions rating tools and disclosure
  • Discussion of Australia’s mandatory climate reporting regime
  • Understanding the flow through in commercial property contracts such as leases, construction contracts and supply contracts
  • Update on the regulatory focus on sustainability related issues

Presented by Kristy Dorney, Partner, Hall & Wilcox; Best Lawyers 2022, Property Law

Practical Legal Ethics
2.00pm to 3.00pm Property Practice: Professional Obligations and Ethical Duties
  • Scope of retainer
  • Who is your client?
  • Conflicts: declining to act
  • Verification of identity requirements
  • Payment transfer obligations: avoiding fraudulent intervention
  • Recent cases update

Presented by Bronwyn Clarkson, Partner, Carter Newell Lawyers

Professional Skills
3.00pm to 4.00pm Tips and Tricks of Compulsory Acquisition Under the Acquisition of Land Act 1967
  • Machinery and procedural provisions of the Acquisition of Land Act 1967
  • Drafting and negotiation of Section 15 agreements
  • Withdrawal of a notice of intention to resume
  • Proper management of the resumption process
  • Assessment of compensation

Presented by David Purcell, Barrister, Lucinda Chambers

Practice Management & Business Skills
4.15pm to 5.15pm Risk Management in Property Law: Lessons from the Cases

Gain practical insights drawn from landmark cases, consider valuable lessons and learn how to best navigate and mitigate risks in your property law practice.

Presented by Andrew Skoien, Barrister, Chambers 33

10.35am to 10.50am Morning Tea
Description

Attend and earn 7 CPD units including:
4 units in Legal Knowledge
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

4.00pm to 4.15pm Afternoon Tea
9.00am to 9.05am Opening Comments by the Chair

 

PROPERTY LAW BILL AND BODY CORPORATE AND COMMUNITY MANAGEMENT ACT AMENDMENTS UNPACKED

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

Presenters


Dr. Ben McEniery, Barrister,
Ben McEniery Ben is a barrister who practices in commercial matters, intellectual property, IT law, tax, property, wills and estates, and charities law. He was called to the Bar in 2011 and is recommended as a leading junior nationally in intellectual property by Doyle's Guide.


Mr. Andrew Skoien, Barrister,
On 14 April 1997 Andrew was admitted as a barrister of the Supreme Court of Queensland and the High Court of Australia. Since coming to the private bar in April 1997, Andrew has developed a specialised practice in local government, planning law and environmental law, mineral resources law and the law of compulsory acquisition of land (including compensation), in addition to general commercial litigation. This specialist area of the law has involved appeals to the Planning and Environment Court in relation to development applications, quasi-criminal proceedings for enforcement of planning and environmental laws, applications to the Land Court of Queensland and Land Appeal Court in respect of mineral resources and the compulsory acquisition of land, and related appeals to the Court of Appeal of Queensland and the High Court of Australia. Andrew speaks Portuguese. Andrew’s trial work predominantly involves appeals in both the Planning and Environment Court and the Land Court. That work in both the Planning and Environment Court and the Land Court always involves the use of expert witnesses and often involves both complex factual matters and questions of laws. His appellate work predominantly involves appeals to the Court of Appeal and the Land Appeal Court. Andrew has also appeared as Junior Counsel in the High Court of Australia. His practice involves one to three trials per month (on average), involving a total of somewhere between four to fourteen hearing days per month (on average). He is regularly involved in mediations in relation to Land Court matters or Planning and Environment Court matters.


Mr. Robert Herd, Director, Herdlaw - The Body Corporate Lawyers
Robert Herd is the Principal of the law firm Herd Lawyers - The Body Corporate Lawyers. Herd Lawyers have specialised in the practice of Strata Title and Body Corporate Law since 1997. Whilst being based in Brisbane, Herd Lawyers practice and clients extend throughout Australia and Vanuatu. Robert has over 25 years experience in the practice of law. He founded the firm in 1996 and has been a major sponsor of the Unit Owners Association of Queensland and Community Titles Institute in Queensland, as well as the National Community Titles Institute in Australia. Robert brought the experience of the Strata Title Industry in Australia to Vanuatu and drafted the amendments to the Strata Titles Act and the Strata Titles Regulations, which are now in force in Vanuatu. Robert has been a regular presenter at seminars for the industry and has been a presenter on talk back radio on body corporate issues.


Mr. Lindsey Alford, Barrister, Sir Harry Gibbs Chambers
Lindsey was admitted to the Bar of the Supreme Court of Queensland on 28 April 2003. Lindsey's practice has focused on matters relating to land, property, and commerce: government tendering, ethics, planning and environment, building disputes, contractors security of payments, contract law (purchase, construction, commercial and retail leases) land title and valuation, corporations law, and body corporates. In the appellate jurisdictions Lindsey has appeared before the Court of Appeal of the Supreme Court, Supreme Court, District Court, and the Queensland Commercial and Administrative Tribunal (QCAT). Lindsey's successful appearance before the Court of Appeal in the matter of RJ Neller Building Pty Ltd v Ainsworth [2008] QCA 397 was reported in The Queensland Reports [2009] 1 QDR 390. Lindsey also practices as a Probity Auditor and Advisor. In 2007 Lindsey established separately to his legal practice, a consultancy, which is a panel member to the Standing Offer Arrangement, for the provision of Probity Advisors and Auditors for the Whole of Government in Queensland. Lindsey has successfully undertaken over 250 probity projects for a range of state government departments, local government, government owned corporations, statutory bodies, and private sector companies. Lindsey is considered an authority on probity governance in government procurement and tendering, having been published in the Australian Law Journal, October 2011, (2011) 85 ALJ 678: as co-author of “Tendering for government business: process contracts, good faith, fair dealing and probity”. This article is cited in N. Seddon, Government Contracts Federal, State Local, 5th edition, Federation Press, 2013, [7.1], p. 334. He has presented papers on this specialty on behalf of the Queensland Law Society (2008 and 2011), Legalwise Seminars (2012, 2013, 2015 and 2017) and for MinterEllison in 2018. His 2017 paper to a Legalwise seminar was titled: ”Contracting with Government Owned Corporations (GOC): Chinese Walls and Conflicts”. Lindsey also presents seminars and workshops, on probity governance in government procurement, where more detailed discussion of the specific requirements and challenges of a tender process can be undertaken. He has delivered such workshops to major Engineering and Planning consultancies, and extensively across State and Local Government. The workshops highlight the difference between a legal and a probity decision methodology for the preparation of tender (EOI, ITO, RFP, RFT) documents, and the probity governance principles in relationship to tendering and evaluation criteria and processes.


Ms. Leanne O’Neill, Partner, Cooper Grace Ward
As a partner in Cooper Grace Ward’s property, planning and environment team, Leanne advises on all aspects of land access, management and use for developers, resources companies, government and agribusinesses. Leanne brings 20 years’ experience, including nine years as a solicitor representing the State of Queensland in negotiations and litigation. She held several senior legal roles in the Queensland Government and provided high level advice and representation in land management and resources sector law. Leanne advises developers on planning and development approvals and appeals under the Planning Act 2016, and compulsory acquisition and valuation law. She provides strategic advice and legal support to petroleum and resources companies on environmental, water, vegetation and biosecurity compliance, as well as native title and cultural heritage, and landholder access and compensation agreements. Leanne also advises agribusinesses and other major landholders on the diversification of land use and income streams, including environmental offsets, carbon sequestration, agistment, timber management, quarries and solar farms.


Ms Bronwyn Clarkson, Partner, Carter Newell
Bronwyn Clarkson is a Partner at Carter Newell and leads the Commercial Property team. With over 25 years post-admission experience, Bronwyn acts for a wide variety of participants in the property and development industry, including both public sector and private sector clients. Bronwyn regularly advises clients on a range of property transactions, including property joint ventures, commercial and residential developments, commercial and rental leases and pastoral and crown leases, as well as town planning and environmental matters. Her experience also includes advising on all aspects of property sales, acquisitions, title schemes, easements and compulsory acquisitions/resumptions of land, including preparing associated documents such as option agreements, construction and civil works contracts, and preparing and reviewing high-value leases of commercial, retail, industrial and rural property. Bronwyn has been recognised by Doyles’ Guide as a Leading Property and Real Estate Lawyer in 2020 and 2021 and has been recognised by Best Lawyers in Australia in the area of Natural Resources Law in 2016, 2017, 2018, 2019, 2020, 2021 and 2022.


Mr. Michael Thomson, Barrister, Fullagar Chambers
Michael Thomson Michael Thomson practises as a barrister in Queensland, Australia and advises and appears in commercial litigation, property disputes, personal injury claims, family law matters, and employment law matters. He has appeared in both federal and state courts and provides advice for matters in both jurisdictions. In addition to court processes, Michael is also committed to alternative dispute resolution options including mediations and other forms of negotiated settlements. In mediations, he is experienced in both representing clients and conducting the session as the mediator. Michael is based in Brisbane City at Fullagar Chambers but is available to appear on the Gold Coast, Sunshine Coast, other parts of Queensland, or via telephone or video link. Michael comes from a mixed cultural background and is equally proud of his Australian and Japanese heritages. Michael speaks both English and Japanese natively. He is interested in cultural diversity in the legal profession and society generally. Michael is a current committee member of the Queensland Branch of the Asian Australian Lawyers Association. He is also an active member of the Australia Japan Society Queensland. Michael studied journalism and arts before turning to law. He holds bachelor and master degrees in law and before being called to the Bar, gained experience in commercial dispute resolution and litigation as a solicitor at firms in Australia and the United Kingdom. Michael does not accept direct access briefs (i.e. instructions directly from clients). He only accepts briefs from solicitors.


Mr Stephen Gibson, Director and Head of Property Law,
A Director of McCarthy Durie Lawyers, Stephen is the head of the firm’s Property Law Department. He is one of a very few lawyers Accredited by the Queensland Law Society as a Specialist Property Lawyer. His practice comprises almost exclusively of property law services, and he has extensive experience acting in all nature of property transactions and developments in Queensland. Stephen has particular expertise in commercial and retail shop leasing, all aspects of property development, development funding, property syndication and property joint ventures. Stephen also sits on many boards and panels for various community organisations. Before coming to the law, Stephen trained as a property surveyor, and he is now involved in a number of small property development projects in his own time. Stephen believes in delivering high quality and commercially appropriate outcomes for his clients.


Ms Kristy Dorney, Partner,
Kristy has over 20 years' experience advising the property investment industry with a focus on development and construction projects, leasing and tenant disputes and property management generally. She advises property investors, fund managers, asset and property managers, developers, and financiers on matters such as joint venture arrangements, development management agreements, fund through arrangements, construction contracts and regulatory compliance, tripartite agreements, solar installation, cladding remediation, embedded network compliance, retail shop lease legislation compliance, sustainability matters and redevelopment projects, including tenant management, relocation, and dispute resolution. Kristy regularly advises on enforcement of leases, construction contracts, and other real estate contracts. Her experience also includes construction and real estate disputes. Kristy is a member of the Property Council of Australia Queensland Commercial Office Committee, the Queensland Law Society Construction & Infrastructure Law Committee, and the Australian Restructuring Insolvency Turnaround Association. In 2022, she chaired the Property Council of Australia subcommittee for the review of developers in Queensland. She has been recognised in The Best Lawyers in Australia in Real Estate since 2020.


Mr. David Purcell, Lawyer,
David has a broad commercial practice focusing primarily in the areas of planning and environment, property, compulsory acquisition of land and compensation, extending to related quasi-criminal and regulatory proceedings. David regularly appears in the Planning and Environment Court and the Land Court and holds a Master of Laws from the University of Queensland.

243Q21

Property Law Conference

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All Sessions
Friday, 15 March 2024
9.00am to 5.15pm Australia/Brisbane
CPD Points 7
$795.00
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Morning Session
Friday, 15 March 2024
9.00am to 1.15pm Australia/Brisbane
CPD Points 4
$505.00
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Afternoon Session
Friday, 15 March 2024
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
$420.00
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Venue
Hilton Brisbane

190 Elizabeth Street, Brisbane City 

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:

Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking Information

Parking is not included in your registration. There is valet parking available for AU$58.00

Parking is not included in your registration. There is valet parking available for AU$58.00. Other parking options:

Secure Parking, Elizabeth Street - Click here for rates
Wilson Parking - Click here for locations and rates