Complex Conveyancing Issues

Conveyancing transactions can quickly go wrong. An easement or convent appears, squatters and adverse possession claims arise, or things go wrong in sale contracts post settlement. Delve into the intricate world of property rights, restrictions, and agreements as you unlock the secrets to seamless conveyancing. Catch up on the latest conveyancing cases, master easements and covenants, understand how to handle squatters’ rights and adverse possession, heritage & more in this essential guide.

Thursday, 23 November 2023
10.00am to 11.00am Navigating Easements and Covenants in Conveyancing Transactions
  • Receive practical tips when creating easements and covenants in a conveyance
  • Understand best practice on how to remove covenants or easements impeding your client’s development plans
  • How to draft covenants that add value and are specific to your clients development
  • A review of the leading cases and what to avoid when drafting easements and covenants

Presented by Ian Munt, Barrister, Aickin Chambers

11.15am to 12.15pm Handling Squatters Rights and Adverse Possession Claims
  • Title by adverse possession: introduction and concept
  • What conduct constitutes adverse possession?
  • Physical possession
  • Adverse possession: exclusion of paper owner
  • Re-entry by paper owner
  • Angelo Gianchino v Victoria Gianchino (in her personal capacity and as executor of the estate of Susan Gianchino ) & ors [2023] VSCA 162
  • The factual analysis to support or defeat an adverse possession claim
  • Successive adverse possessors: Mulcahy v Curramore Pty Ltd [1974] 2 NSWLR 464
  • Doctrine of merger: English Scottish & Australian Bank v Phillips (1936) 57 CLR 302
  • The Limitation of Action legislation
  • Extinguishment of title
  • Partial title encroachments/ legislation and reform
  • Dealing with squatters: summary proceedings for recovery of land
  • Who is a squatter?
  • Ejectment at common law
  • Court Rules: eg Supreme Court (General Civil Procedure ) Rules 2015 Victoria Order 53; NSW UCPR r 16.4; Qld UCPR r 286
  • Framlingham Aboriginal Trust v McGuiness [2014] VSC 241; Chan v Chan [2020] VSA 40; Mercedes Mortgage Management Pty Ltd v Yi [2020] VSC 657

Presented by David Bailey, Barrister, Greens List

12.15pm to 1.15pm Remedies and Rights of Parties in Sale Contracts Post Settlement
  • Specific performance
  • Damages
  • Vendor's duty on resale
  • Relief for purchasers arising from pre-contractual statements: Fraudulent misrepresentation
  • Relief for purchasers arising from pre-contractual statements: Misleading or deceptive conduct

Presented by Rochelle Castro, Principal Lawyer, RC & CO LAWYERS

9.00am to 10.00am Heritage Property Considerations in Conveyancing Transactions
  • Recent history of Heritage property law in Victoria
  • Is the property Heritage?
  • Local Heritage Overlays: clause 43.01
  • Renovation of Heritage Buildings
  • Purchase of Heritage Buildings
  • Sale of Heritage Buildings
  • Interim Heritage Orders

Presented by Ben Franklin, Managing Director, Nevett Wilkinson Frawley; Accredited Specialist in Property Law

Chair

Chair: Kelly Young, Director, Estate Conveyancing

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

11.00am to 11.15am Break

Presenters


Ms. Kelly Young, Director, Estate Conveyancing
Kelly Young is a fully unrestricted Conveyancing Licence holder and director of Estate Conveyancing, located in Macleod. Kelly and her staff at Estate Conveyancing prides themselves and providing education to clients and referrers alike. Kelly has been working in the legal industry for 20 years with experience in the property fields of settlements & conveyancing in Victoria and Western Australia and residential and commercial lending. Starting out as a junior paralegal in stamping, registration, and settlements, moving onto residential mortgages, Conveyancing and also Commercial Lending, Kelly has a background working in accountant firms, law firms and conveyancing offices in Melbourne city, rural areas of Victoria and is also qualified within Settlements in the state of WA.


Mr. Ben Franklin, Managing Director, Nevett Wilkinson Frawley
Ben is one of the few Law Institute of Victoria Accredited Specialists in Property Law west of Geelong, which means he is your most valued option for legal inquiries relating to property, complex estates, testamentary planning, commercial and litigious matters if you live anywhere in the Ballarat or Greater Western Regions. Ben has experienced both rural and city-based practise, which combined with his specialisation, gives him a unique experience set that allows him to adapt and apply his knowledge to any legal issue. An experienced advocate, Ben appears regularly in the Victorian, NSW and Commonwealth Courts and Tribunals. He prides himself on being diligent and meticulous in his preparation, which is reflected in his record of achieving better than expected results for his clients in business advisory, debt collections, wills & estates disputes, insolvency matters, town planning, domestic and commercial building disputes and more. Since his move from Melbourne to lead the firm into the next exciting phase, Ben has been delighted with the opportunity of providing professional service to the Ballarat and Western Victoria communities and mentoring a dynamic team to ensure that same level of service is available to all our clients. At the same time, Ben’s practise continues to expand across the entire State of Victoria and interstate and he is happy to engage with new and existing clients in any location.


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. Ian Munt, Barrister, Aickin Chambers
Ian Munt specialises in land compensation and valuation, planning and environment, heritage, gaming, public law and property and leasing disputes. He has acted for an array of State and Local government authorities and private sector and community actors in proceedings in the Court of Appeal, the Supreme Court, the Victorian Civil and Administrative Tribunal and Planning Panels Victoria.


Mr. David Bailey, Barrister, Greens List
David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he is a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia . David is also an Adjunct Professor of Law at Victoria University where he teaches Commercial Arbitration. He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis. A former solicitor for over 25 years heading up a banking practice in a major law firm he now practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

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Complex Conveyancing Issues

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DELIVERY MODE BELOW

Single Session
Thursday, 23 November 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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