PROPERTY LAW
The Property Law stream will be held on Tuesday 24 November 2020.
Program subject to change.
|
Time |
Topic |
Speaker |
CPD units |
Knowledge area |
|
8.45am-8.50am |
President's welcome | Richard Harvey* President The Law Society of NSW Chair Law Society's Specialist Accreditation Board |
||
| 8.50am- 8.55am | Chair's welcome |
Michael Osborne* Principal Osborne Lawyers |
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| 8.55am- 9.00am | Lawcover sponsor message |
Kerrie Lalich Chief Executive Officer Lawcover |
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| 9.00am-10.00am |
Delving into the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
We will take an in depth look at the new legislation and consider:
• How the Act may impact your clients
• Obligations arising for developers
• Tips for compliance
• What impact may this legislation have on off the plans sales?
• Are additional provisions required in sales contracts for off the plan sales?
• What can we expect to see from the six pillars of reform?
• Site/case studies |
Helen Kowal Partner Swaab Attorneys |
1 | Substantive Law |
|
10.05am-11.05am
|
Competing presumptions – resulting trust and advancement
In this session delivered by barrister Andrew Bulley, the interaction between two presumptions will be explored: that of Result Trust and that of Advancement. The presentation will describe in detail both presumptions and factual scenarios in which a presumption may arise, the evidence required to rebut a presumption and possible consequences of rebuttal. Viewers will also be taken through a recent case study (Zhang v Metcalf; Metcalf v Zhang [2020] NSWCA 228 to assist in understand the presumptions in practice. |
Andrew Bulley
Barrister 5 Wentworth Chambers |
1 | Substantive Law |
| 11.10am-12.10pm |
The operation of s 88k of the Conveyancing Act
Section 88K of the Conveyancing Act 1919 (NSW) permits the Supreme Court of NSW to impose an easement over land (the servient tenement) if it is reasonably necessary for the effective use or development of other land (the dominant tenement) with the benefit of the easement. Whilst the “reasonably necessary” test does not require “absolute necessity”, each case will be different as to whether the relevant facts satisfy the reasonable necessity threshold. Does it make a difference if the owner of the dominant tenement has created the necessity by their own action or inaction. Further, what is meant by the “effective use or development” of land? This presentation will review recent and other cases that have considered each of these issues. It will also consider the assessment of compensation that may be ordered in favour of the servient tenement owner for the imposition of the easement and each of the other requirements that must be satisfied to successfully have the Supreme Court impose an easement over the servient tenement to the benefit of the dominant tenement. |
Andrew Fernon SC
Barrister University Chambers |
1 | Substantive Law |
| 12.10pm-12.15pm | Property stream partner presentation |
Yvette Kullish
Client Success General Manager LEAP Legal Software |
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| 12.15pm- 1.00pm | Lunch & sponsor exhibition |
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| 1.00pm- 2.00pm |
Market rent review clauses in commercial leases
Commercial leases containing market rent review clauses generate a variety of disputes. This CPD deals with:
• issues that commonly arise in disputes about market rent reviews;
• preparing expert evidence in litigation concerning a market rent review;
• practical suggestions on how to prevent disputes from arising; and
• a brief survey of recent decisions. |
Jane Muir
Barrister Ground Floor Wentworth Chambers |
1 | Substantive Law |
| 2.05pm- 3.05pm |
Update on retail leasing cases
Sneakerboys Supreme Court decisions and other cases that deal with COVID retail lease issues in NSW
Other recent decisions including for retail or for commercial leases with principles applicable to retail leases in NSW mostly 2020- 2019 decisions
- Notice under s44 Lessor fails to repair building
- Misleading and deceptive conduct pre lease
- Owners corporation refuses to allow adjustments to common property for retail lots
- Guarantor did not sign the lease
- Informal exercise of Option
- Termination of the lease without notice
- Entry into a lease and pulling out before lessors signs
- Many other cases
- Retail Leasing Timeline |
Gary Newton*
Partner HWL Ebsworth |
1 | Substantive Law |
| 3.10pm- 4.10pm | Conveyancing update |
Tony Cahill
Legal Author and Presenter |
1 | Substantive Law |
| 4.10pm- 4.14pm | Chair close of day |
Michael Osborne*
Principal Osborne Lawyers |
Substantive Law |
Sessions on demand
|
Topic |
Speaker |
CPD units |
Knowledge area |
|
PPSA in business and property transactions
This session will provide a refresher on the impact of the PPSA on business and property transactions. In particular, the session will cover:
• how to identify a security interest;
• transactions to which the PPSA does not apply;
• purchase money security interests;
• how and when to perfect a security interest;
• premises leases and the PPSA;
• equipment leasing;
• managing PPSA issues when buying or selling a business or business assets. |
Craig Wappett Partner Johnson Winter & Slattery |
1 | Substantive Law |
|
Ethical case studies in property and business law
In this session Senior Legal Ethics Solicitor Paul Monaghan will explore a number of current ethical issues for property and business lawyers. Topics covered include dealing with other solicitors, banks and property developers; confidentiality, disclosure and obligations to clients; and conflicts involving transactions or multiple parties, referrals and solicitor interests. |
Paul Monaghan* Senior Ethics Solicitor The Law Society of NSW |
1 | Substantive Law |
|
Update on electronic contracting including electronic execution
This session will examine recent legislative changes and administrative practices, including COVID-19 related measures, and cases affecting NSW stamp duty and land tax, including:
* important changes affecting discretionary trusts and foreign duty and land tax surcharges
* new revenue ruling on deceased estates
* COVID-19 duty and land tax relief measures
* recent cases on duty and land tax
* administrative practices affecting common property transactions |
Michelle McCartney*
Solicitor/Director McCartney Young Lawyers |
1 | Substantive Law |
|
Recent amendments to revenue law
This session will examine recent legislative changes and administrative practices, including COVID-19 related measures, and cases affecting NSW stamp duty and land tax, including:
* important changes affecting discretionary trusts and foreign duty and land tax surcharges
* new revenue ruling on deceased estates
* COVID-19 duty and land tax relief measures
* recent cases on duty and land tax
* administrative practices affecting common property transactions |
Andrew Rider
Barrister Level 22 Chambers |
1 | Substantive Law |
|
Registered and equitable mortgages – enforcement and remedies
This seminar will cover mortgagees and mortgagors rights and remedies in relation to the enforcement of registered and equitable real property mortgages. The seminar will cover procedural requirements and rights and obligations under the Real Property Act 1900 (NSW), the Conveyancing Act 1919 (NSW), the National Credit Code, the Farm Debt Mediation Act 1994 (NSW), the Banking Code of Practice and the Contracts Review Act 1980 (NSW) as well as considering the legal principles in relation to unjust contracts and unconscionability at general law and in a statutory context. |
Peter Newton
Barrister 11th Floor, St James Hall |
1 | Substantive Law |
*Speaker is an Accredited Specialist
Click here to download the program
CONTACT USPhone: 02 9926 0250 |
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