Property law conference 2010 – Day 1

The unfair terms provisions of the Australian Consumer Law commenced on 1 July 2010. The proposed reforms affect transactions such as contracts for the sale of goods, real property and services where the transaction is entered into on the basis of a ‘standard form consumer contract’.
This session will examine the impact of these provisions on contracts for the sale of land.

Significant amendments to the Property Agents and Motor Dealers Act were introduced by the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010, which took effect on 1 October. Aimed at simplifying the compliance process, the new provisions make changes to the process for entry into a contract for sale of residential property. This session will examine a number of case studies which illustrate the necessary changes in conveyancing practice, the continuing risks of non-compliance and suggestions for risk minimisation for lawyers and clients.

This session focuses on current and upcoming legislative changes relevant to property law practice, including:

• the Building and Other Legislation Amendment Act (No 2) 2010, which affects pools associated with dwellings such as offices, retail premises, car parks, warehouses and factories. It also examines indoor pool requirements, such as swimming pool safety compliance certificates and penalties for non-compliance
• the proposed provisions of the Neighbourhood Disputes Resolution Bill 2010 allow adjoining owners to give notice about overhanging trees and make an application to the Queensland Civil and Administrative Tribunal (QCAT) for trees to be removed. The notice and application or order of QCAT, are required to be disclosed to a buyer of the property
• overriding unregistered interests such as new interests in land created off the land title register or recorded as administrative advices will be considered. Examples of legislation that cover this particular area are Geothermal Energy Act 2010 and Planning (Urban Encroachment – Milton Brewery) Act 2009
• changes to the way lot entitlements will be determined and the new obligations of disclosure proposed under the Body Corporate and Community Management Amendment Bill 2010

If so, attending this lunchtime information session will provide you with valuable information on the:

• benefits of becoming an accredited specialist in property law
• eligibility criteria and the application process
• assessment process and course expectations
  You will also have the opportunity to speak with members of the property law specialist accreditation advisory committee and newly-accredited property law specialists about what it is to be an accredited specialist. Be formally recognised as a specialist in property law in 2011 – come along to this session and have your questions answered.

Presented by a senior representative from the Land Titles Registry, this session will focus on the most common requisitions the Titles Office manages including:

• how to avoid a document requisition
• what steps to take when a document is requisitioned
• services you can access through the Titles Office

This session focuses on the most common mistakes made by self assessors in calculating stamp duty and lodging documents. With a snapshot of changes from the past year, this presentation highlights:

• the new lodgement procedure
• the necessary requirements for lodging stamp duty
• approval granted to self assess certain general requests
• 2009 to 2010 self assessment audit results
• self assessor rights and obligations
  Delegates are encouraged to come with questions that will be addressed in the latter part of the session.

This session canvasses the typical ethical dilemmas encountered in property law practice, including a discussion on issues such as:

• rebates on buying properties
• seller or agent referrals when acting for a buyer
• changes in contract price
• difficulties receiving client instructions for critical dates
• transactions which present a conflict for an Attorney under an Enduring Power of Attorney
• reasonable fees in conveyancing and charging additional fees for extra investigations