Property Law Conference 2011 – Day 1

The Australian Consumer Law introduced a number of statutory guarantees which apply to consumer goods or services supplied to a person in trade or commerce. This session examines when these statutory guarantees apply to the sale of real property or businesses and their impact on:

• the obligations on a person supplying goods as part of a land or business sale
• the effectiveness of exclusions or ‘as is where is’ provisions
• the benefits to buyers of land or businesses where the goods do not comply with the guarantees
• the advice lawyers should be giving to sellers about minimising the impact of guarantees.

The searches and compliance issues in rural conveyancing transactions are quite often different from your cottage conveyancing matters. Recent legislation affects matters such as water, vegetation and other environmental impact issues when dealing with certain properties. With attention to water allocation, vegetation and other rural environment issues, this session provides an in-depth knowledge of:

• what enquiries you have to make
• new coastal management plan
• environment impact approval regime
• Environmental Protection Authority notices.

This session takes a journey along the less travelled paths of the leasing world including visits to concurrent leases, subleases, renewals, surrenders, reconfigurations, mortgages and guarantees.

This session focuses on the proposed, new or amending legislation together with an update of current policy projects . Queensland Law Society’s Principal Policy Solicitor will discuss:

• Neighborhood Disputes Resolution Act 2011 which addresses dividing fences and trees
• proposed changes to REIQ standard contracts
• developments in electronic conveyancing
• proposed legislation to split Property Agents and Motor Dealers Act 2000
• moves for changes to mandatory sustainability

This session focuses on the Body Corporate Community Management and Other Legislation Amendment Bill 2010 in the areas of:

• disclosure obligations
• calculation of lot entitlements
• reverting to pre-adjustment lot entitlements

Together with the relevant legislation including commencement and objectives, this session covers the following areas:

• application
• lot entitlements
• special management arrangements and lot owner agreements
• by-laws and contravention notices
• lot owner representation
• seller’s disclosure
• proceedings.

Designed to strengthen Queensland’s land valuation system, the Land Valuation Act was introduced in September 2010 to simplify the valuation system. This session focuses on the principles of valuation, including the purposes of the Land Valuation Act and the application of those principles to:

• objections and appeals against valuations under the Act
• land resumptions.

A National e-Conveyancing System (NECS) is currently being developed for adoption in all Australian states. The NECS is an initiative of the Council of Australian Governments (COAG) with contributions from stakeholder groups such as the Law Council of Australia, Australian Bankers Association, Australian Institute of Conveyancers and the Registrars of Title in each state. The aim of the initiative is to create an efficient and convenient way to complete property based transactions and lodge land title dealings for registration. This session outlines the proposed NECS and highlights:

• the draft National Electronic Conveyancing Law
• what is PEXA (Property Exchange Australia)?
• rules for participation in the system
• potential changes to conveyancing practice.