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Property Law Conference 2021 (42892832 EBIRD)

A one day conference covering all aspects of Property Law.

Description

We are delighted to announce Thomson Reuters' Property Law Conference, taking place in Sydney on 18 June 2021.

The> Property Law Conference 2021 will provide practical insights into the latest developments in legislation, reforms and trends in the era of COVID-normal. This conference will be an opportunity for property industry professionals, residential owner, tenants, residential investors, and commercial property owners and property lawyers and property lawyers to discuss and stay up to date with all the latest developments.

Agenda

9:00AM Welcome from the Chair 

Max CameronPartnerMinterEllison                   

 

9:05AM Commercial and retail leases - an update on recent leasing cases (including Covid 19)  

This session will provided leasing lawyers an update on key recent decisions that will impact day to day practice including case studies of the following recent decisions: 

  • Squash Vision Pty. Limited v Il Mito Pty. Limited [2020] QSC 328 

  • MIR Holdings Pty Limited v Marine Square Retail Pty Ltd [2020]NSWCA 286 

  • Cameli Pty. Ltd v Place Management NSW [2020 NSWSC 1132 

  • Darlington No 1 Pty Ltd v White Label Hospitality Group Pty Ltd [2020]NSWSC 1301 

  • Sneakerboy Retail Pty Limtied v Georges Properties Pty Limited [2020 NSWSC 996 and Sneakerboy Retail Pty Limited v Georges Properties Pty Limited (No 2) [2020] NSW SC 1141 

Anthony Herro, Principal, Herro Solicitors  

 

9:45AM NSW Strata Title reform: implications of potential changes to strata renewal  

  • Statutory Review of the NSW Strata Schemes Laws 

  • Existing strata renewal framework 

  • Areas being considered in review 

  • Potential outcomes and issues for stakeholders 

Leisha de Aboitiz, Partner, Massons  

 

10:25AM Networking and refreshment break

 

10:45AM Property Law Development agreements, covenants and contracts 

  • Heads of Agreement – development agreements 

  • Construction issues affecting Development Agreements 

  • Development issues to consider in agreements for Lease and Leases 

Nelson Arias-AlvarezSpecial Counsel and Stephen Pallavicini, Partner, Eakin McCaffery Cox 

 

11:25AM Easements and defeating indefeasibility

There are clear statutory requirements for the creation of a valid easement in the Torrens system eg a Sec 88B instrument or form of transfer. Easements can also be acquired by order of the Supreme Court or Land and Environment Court , under Sec 88 K of the Conveyancing Act. But what about easements:

(i) that were granted when land was under Old System title but have been omitted from the Register?
(ii) by prescription ; and
(iii) equitable easements?

This session will explore the above topics through the lens of recent cases including:  Turvey v Crotti  [2018] NSWSC (in which the presenter was lead counsel);  
Laming v Jennings [2018] VSCA; Clarence City Council v Howlin [2019] TASFC; and
Owners of SP No 61233 v Arciacono [2019] NSWSC 1307.
Sydney Jacobs, Barrister & Accredited Mediator, 13 Wentworth Chambers

 

12:05PM Panel discussion: Housing affordability - unlocking the future liveability in NSW 

12:45PM Lunch

 

1:35PM The latest updates and best practices digital settlements -PEXA & eConveyancing

  • NSW Market update
  • Keeping your firm safe – Cyber & PEXA Key
  • PEXA 2.0

Rebecca Soper, Executive Manager, Practitioner Services, NSW PEXA  

 

2:20PM Are your by-laws valid?  

In light of the recent decision of Cooper v The Owners - Strata Plan No. 58068 [2020] NSWCA 250 ("Cooper") in which the Court of Appeal effectively invalidated a no pets by-law, the question of this knock on effect to other by-laws has arisen. This session discusses the: 

  • Impact of invalid by-laws and their effect 

  • Developments regarding the recent Court of Appeal invalidating the no pet’s by-law 

  • The knock-on effects to other types of by-laws such as prohibiting hard surface flooring or other sorts of activities such as short-term letting or smoking 

David Bannerman, PrincipalBannermans Lawyers 

 

3:00PM Networking and refreshment break

 

3:20PM GST and land tax – tips, traps, and challenges for property owners 

This session will cover: 

  • Recent court decisions dealing with GST issues for property transactions 

  • The current state of play for land taxes, including traps property owners fall into with exemptions 

  • Duty issues for property (and non-property) transactions including transfer duty, consideration and landholder duty 

  • ATO and State Revenue compliance activity 

  • Stamp duty reform in NSW 

Andrew Rider, Barrister, Level 22 Chambers 52 Martin Place 

 

4:00PM Compulsory Acquisition: developments in the law of the valuation of leasehold interests in resumption cases in NSW 

This session is for legal practitioners and valuers alike. An owner of an “interest in land” resumed by an acquiring authority is entitled to compensation under the Land Acquisition (Just Terms Compensation) Act 1991 for, among other things, the “market value” of their interest.  Unlike the valuation of freehold interests, there has been limited judicial consideration of the methodologies for valuing a leasehold interest in land.   

We will explore the impact of recent decisions of the Land and Environment Court and the NSW Court of Appeal on the assessment of compensation for leasehold interests in resumption cases. We will consider the bases for the traditional “profit rental” method of valuing leasehold interests and investigate whether that method is appropriate to value leasehold interests in “trade related properties”. 

Marlon Shou, Senior Associate, Beatty Legal 

4:40PM End of conference  

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