Queensland Law Society

Property Law Conference

11-12 September 2019 | Brisbane Convention & Exhibition Centre

Join us for the 2019 property law conference to hear from industry experts on a range of issues to ensure you stay up to date with the latest developments and issues in property law.

Gain practical tips and advice on a range of property law topics, including ethics, professional skills and practice and business management skills. At the end of day one, join your colleagues and peers for networking drinks.

10 CPD points
Across two days
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law



Member
$1060
Both day earlybird
$1330
Both day standard
Non-member
$1730 Both day standard
$1067 Day one standard

 

Earlybird closes 15 August

Registration closes 06 September


Program


Wednesday 11 September

8am

Registration

8.30am

Welcome remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

8.45am

Cybersecurity: Beyond the basics

Property practitioners have been on the front line of cybersecurity and cyberattacks. This session will delve deeper into the steps property practitioners ought to be taking to ensure they are mitigating the risks of a cyberattack as well as provide practitioners with a checklist of what to do if you are attacked.

This session will include:

  • a brief overview of the developments in this space including the four main types of attacks small to mid-sized firms should be aware of
  • prevention strategies, including best practice password creation, best practice internet usage – e.g. what should I not click on and open, how to select workable policies and how to put together a small scale cyber improvement project using external consultants without breaking the bank
  • mitigation strategies including how to prepare a mandatory breach response and data breach response plan, and QLS resources available to members
  • disclosure requirements e.g. who do I need to contact when a breach occurs?
Presenter:
David Bowles, Ethics Solicitor, QLS Ethics and Practice Centre, Queensland Law Society
Caitlin Carson, Divisional Manager, FINPRO, Queensland, Jardin Lloyd Thompson Pty Ltd
Chair:
Rolf Moses, CEO, Queensland Law Society

10.15am

Morning tea

10.35pm

REIQ Contract Refresher

The REIQ contract has been updated yet again; are you across all the changes? Update your knowledge and check your understanding and implications of the latest version of this central document.

Presenter:
Robert Mackay, Senior Risk Solicitor, Lexon Insurance
Emma-Jane McNicol, Risk Solicitor, Lexon Insurance
Chair:
Professor Sharon Christensen, Gadens Professor of Property Law, QUT; Consultant, Gadens; and Member, Queensland Law Society Property Law Committee

11.35am

What makes conditions special?

Many types of special conditions can be added to the standard REIQ contract. This session will explore some of the most common special conditions and will address:

  • how they work
  • the rights of parties
  • waiver and conditions
  • when to exercise rights and
  • performance obligations.
Presenter:
Professor Sharon Christensen, Gadens Professor of Property Law, QUT; Consultant, Gadens; and Member, Queensland Law Society Property Law Committee
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee

12.20pm

Lunch

1.20pm

Duties and concessions: Common contractual pitfalls

This session will explore various duty issues, common contractual pitfalls and how to navigate them. In particular, this session will look into:

  • how to apply for concessions
  • land rich provisions
  • aggregating properties
  • annihilation provisions
  • how to avoid paying duty when a cancellation has occurred
  • sneaky clauses which can result in double duties
  • recurring issues in property developments.
Presenter:
Domenic Festa, Principal, Steps Law; Member, Accredited Specialist (Taxation) and Queensland Law Society Revenue Law Committee
Damien Bourke, Partner, Holding Redlich and Member, Queensland Law Society Revenue Law Committee
Chair:
Bill Purcell, Director, Bennet & Philp Lawyers; Accredited Specialist (Property Law) – Qld; Member, Queensland Law Society Property and Development Law Committee and Queensland Law Society Senior Counsellor

2.20pm

Getting GST right for property transactions

GST impacts all property transactions and can at times have unexpected consequences. In recent times the ATO has increased its focus on property developers and the law has been changed to require withholding in some circumstances. This session will provide practical guidance to attendees to ensure they understand:

  • GST risk and how this can be managed,
  • common traps in documenting GST clauses
  • issues associated with claiming the going concern exemption and margin scheme concession
  • GST withholding obligations on purchasers
    Presenter:
    Lyndon Garbutt, Principal, West Garbutt Lawyers
    Steven Fogarty, Technical Adviser, Tax Counsel Network, Australian Taxation Office (ATO)
    Chair:
    Bill Purcell, Director, Bennet & Philp Lawyers; Accredited Specialist (Property Law) – Qld; Member, Queensland Law Society Property and Development Law Committee and Queensland Law Society Senior Counsellor

3.20pm

Afternoon tea

3.40pm

Verification of Identity: What you need to know

Technological advancements have created new issues for practitioners when verifying client identification. With ethical responsibilities and rumours of increasing practitioners’ compliance burdens and obligations to consider, verifying your client’s identification is paramount.

Join the QLS Ethics and Practice centre as they discuss the reasonable and practical steps a practitioner ought to take to verify clients’ identity and discharge their ethical obligations.

Presenters:
Stafford Shepherd, Director, QLS Ethics Centre, Queensland Law Society
Simon LaBlack, Legal Practitioner Director, LaBlack Lawyers Pty Ltd; Accredited Specialist (Property Law) – Qld and Member, Queensland Law Society Property Law Specialist Accreditation Advisory Committee
Chair:
Professor Sharon Christensen, Gadens Professor of Property Law, QUT; Consultant, Gadens; and Member, Queensland Law Society Property Law Committee

4.40pm

Year in review

Keep up to date with this snapshot of the most important legislative and case law updates that have happened in the last 18 months including changes to:

  • force Majeure clauses
  • passing the risk provision and
  • notice provisions.
Presenters:
Frank Higginson, Partner, Hynes Legal
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

5.25pm

Closing remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor

5.35pm

Close

5.35pm

Networking drinks

Thursday 12 September

8am

Registration

8.30am

Welcome

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee

8.35am

The regulatory environment for property transactions

Hear from the Office of State Revenue, Titles Registry, Queensland Building and Construction Commission (QBCC) and Department of Housing and Public Works about different aspects of regulation in the property industry, including:

  • GST and CGT regimes
  • duty concessions
  • the abolition of the paper CT and upcoming changes
  • cladding laws and requirements
Panellists:
Liz Dann, Registrar of Titles and Registrar of Water Allocations
Melinda Kross, Acting Deputy Commissioner, Office of State Revenue, Queensland Treasury
Kristen Walker, Principal Manager, Safer Buildings Qld, Queensland Building and Construction Commission
Mike Essery, Acting Director, Strategic Policy (Building), Building Legislation and Policy, Department of Housing and Public Works
Shelley McCann, Tax Counsel, Law Design and Practice, Australian Taxation Office (ATO); Barrister, Queensland Bar and Chartered Account, Chartered Accountants Australia and New Zealand (CAANZ)
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee

9.35am

Morning tea

9.55am

Stream 1A

Trusts in Property Transactions (Part 1)

Trust structures are becoming increasingly popular in property transactions. This session will delve deeper into contracting and enforcement issues including:

  • trust warranties and
  • what practitioners ought to consider when there is a trust involved
    Presenters:
    Stephen Jones, Consultant, Lawyer, Arbitrator and Mediator
    Peter Nugent,Partner, Holding Redlich
    Chair:
    Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

Stream 1B

Planning laws: Topical issues for property lawyers

This session will explore the following important planning issues that property lawyers should be aware of to better advise their clients, including:

  • The ABC of infrastructure charges
  • Vegetation clearing – recent developments
  • Impacts of easements from a planning law perspective
  • Planning and Environment Court basics – recent issues
Presenter:
Tim Stork, Senior Legal Counsel and specialist advisor (Planning, Environment and Property), Energy Queensland and member, Queensland Law Society Planning and Environment Law Committee
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee


10.40am

Stream 2A

Trusts in Property Transactions (Part 2)

Following on from the earlier session, this session will discuss commonly used trust structures in property including when and why a trust structure ought to be considered over a company structure. In particular, this session will explore the use of trusts for:

  • income splitting and
  • property developments
Presenters:
Stephen Jones, Consultant, Lawyer, Arbitrator and Mediator
Peter Nugent, Partner, Holding Redlich
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

Stream 2B

Getting personal: Intra-family property transactions

This session will discuss the issues a property practitioner should consider when property and family law matters intersect. In particular, this session will explore:

  • partner to partner transfers and
  • stamp duty concessions
Presenter:
Wendy Miller, Special Counsel, Damien Greer Lawyers; Accredited Specialist (Family Law) and Queensland Law Society Senior Counsellor
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee


11.25am

Stream 3A

Co-ownership disputes and Section 38 of the Property Law Act 1974 (Qld) applications to appoint a statutory trustee for sale

This informative session will explore issues arising out of co-ownership disputes and applications to appoint a statutory trustee. In particular, this session will discuss:

  • how to best handle these matters up front before they get to the trustee/s
  • when to make an application and what to include and
  • key do’s and don’ts for these complex applications.
Presenter:
Simon LaBlack, Legal Practitioner Director, LaBlack Lawyers Pty Ltd; Accredited Specialist (Property Law) – Qld and Member, Queensland Law Society Property Law Specialist Accreditation Advisory Committee
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

Stream 3B

Complex leasing issues

This session will discuss complex leasing scenarios and the issues and options including:

  • concurrent lease/subleases
  • surrender by operation of law s69 Land Titles Act (1994) Qld
Presenter:
Tanya Sciasci, Senior Associate, Minter Ellison
Chair:
Kim Teague, Partner, Cooper Grace Ward Lawyers and Deputy Chair, Queensland Law Society Property and Development Law Committee


11.55am

Ethical and professional responsibility issues for property lawyers

Using practical scenarios, the panel will discuss ethical issues encountered during property transactions, including practical solutions to help you navigate the ethical dilemmas. Questions on notice welcomed.

Presenter:
Stafford Shepherd, Director, QLS Ethics and Practice Centre, Queensland Law Society
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

12.55pm

Closing remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor
Chair:
Wendy Devine, Senior Legal Policy Solicitor, Queensland Law Society

1pm

Close and light lunch

Gold sponsor

LEAP

Silver sponsor

Sympli

Trade exhibitor

Australia Post

Trade exhibitor

GlobalX

Trade exhibitor

Legalsuper

Trade exhibitor

Infotrack

Trade exhibitor

Pexa

Trade exhibitor

Perfectportal

Trade exhibitor

Smokeball

Trade exhibitor

The Search People

Trade exhibitor

triSearch

Event supporter

Supreme Court Library