Program Overview

• Property Law Conference - Thursday 09 Sep
  • 8:50 AM Webinar Launch
    The webinar will launch ten minutes before the conference begins. Log in early to test your settings and familiarise yourself with webinar features.
  • 9:00 AM Conference Opening & Welcome
  • 9:05 AM Keynote Address – Lessons from the Lacrosse Tower Litigation

    His Honour Judge Woodward will deliver an address on the lessons learnt from the Lacrosse Tower litigation in this keynote address.

    His Honour was appointed to the bench of the County Court in May 2017 and is the Head of the Commercial Division of the Court. He was also until recently the Judge-in-Charge of the Building Cases List. Judge Woodward will also cover some recent trends in building claims and provide insights into procedural efficiencies for practitioners when running these matters. 

    Compliance area: Substantive Law

    Chair: Michael Dowling, Special Counsel, Russell Kennedy Lawyers; LIV Property Law Committee Co-chair

    Keynote speaker: His Honour Judge Woodward

  • 9:45 AM Short Break
  • 9:50 AM State of the Commercial Property Market

    Don’t miss this all-encompassing overview of the impact of market forces on commercial real estate market and the impact this will have from a legal standpoint over the next 12–18 months. Commercial property expert Tony Crabb will cover:

    • Geopolitical and economic influences on markets and the timing of recovery
    • Demand for industrial property, including e-commerce, population growth and running out of zoned land
    • Remote working impact on office space and considerations for tenancy agreements
    • Carnage in retail property, analysis of CBD vs suburbs vs shopping malls
    • Commercial leasing and tenancy agreements, the current metrics including rents, incentives, outgoings, etc.

    
    

    Compliance area: Substantive Law

    Chair: Michael Dowling, Special Counsel, Russell Kennedy Lawyers; LIV Property Law Committee Co-chair

    Presenter: Tony Crabb, National Director Research, Cushman and Wakefield

  • 10:30 AM Morning Tea Break
  • 10:40 AM Latest Property Law Case Update

    Property law continues to evolve and develop in the face of challenges ranging from pandemic related legislative changes to regulatory uncertainty. Practitioners need to be on top of the changes to practice effectively in this area.

    Topics covered:

    • Enforcement of an unregistered restrictive covenant?   
    • What is a mortgagee’s duty of good faith in selling real estate in pandemic times?   
    • Can the parties to a mortgage contract out of the Statute of Limitations?  
      

    
    

    Compliance area: Substantive Law

    Chair: Michael Dowling, Special Counsel, Russell Kennedy Lawyers; LIV Property Law Committee Co-chair

    Presenter: William Stark, Barrister, Victorian Bar

  • 11:10 AM Short Break
  • 11:15 AM PropTech & LegalTech Innovation

    The digital economy, enabled by accelerating advances in technology, is reimagining and creating efficiencies in legal practices and interactions with clients.This session will uncover some of the new LegalTech tools being used in practice that supports property law activities and practice management. The expert panel will discuss what’s trending and how the tools can support property lawyers and practices including:

    • New trends and technologies impacting property law practices
    • What practice leaders can do to leverage the benefits of digital technology to stay relevant
    • Reasons why you should embrace and invest in new technologies now
      

    
    

    Compliance area: Substantive Law / Practice Management & Business Skills

    Presenters:

    • Amanda Fajerman, Engagement Manager, BarHead Solutions; Former, Head of Legal Technology, LOD
    • Peter Maloney, Chief Executive, GlobalX
  • 12:00 PM Lunch Break & Optional Virtual Networking
  • 12:45 PM Commercial & Retail Leasing: Mid-pandemic Conversation

    The commercial and retail leasing sector has experienced significant change since the beginning of the pandemic. As the Melbourne CBD stood still bearing the most severe impact over the past 12 months, the commercial leasing sector has been a hive of activity.

    Significant legislative responses to COVID-19 or foreshadowed legislation that has come into effect, has ensured property lawyers need to be informed to advise on new scenarios and matters that impact their clients.

    Our expert panel will deliberate and discuss the impact of:

    • Government reduction of the threshold of international funds to zero
    • Force majeure clauses and leasing terminations
    • Commercial tenancy relief laws and CTRS disputes
    • Other recent issues in Retail Tenancies

    
    

    Compliance area: Substantive Law

    Chair: The Honourable Justice Clyde Croft AM SC, Supreme Court of Victoria

    Panellists:

    • Robert Hay QC, Barrister, Victoria Bar
    • Malwina Peacock, Senior Legal Counsel, ISPT
  • 1:35 PM Short Break
  • 1:40 PM Property Tax Changes

    There have been a number of changes and developments in state taxes following the budget and new announcements. This session will provide an overview of the changes and how this will impact advice to clients.

    Topics include:

    • 2021 Victorian budget - the windfall gains tax and other announcements
    • Economic entitlements after 2 years - hurricane or storm in a teacup?
    • CGT and GST - recent developments
    • Recent cases 
      

    
    

    Compliance area: Substantive Law

    Chair: Michael Dowling, Special Counsel, Russell Kennedy Lawyers; LIV Property Law Committee Co-chair

    Presenter: Simon A Tisher, Barrister, Victorian Bar

  • 2:30 PM Afternoon Tea Break
  • 2:40 PM Just Because it’s Standard Practice Doesn’t Make It Right

    Attend this fireside chat with the experts to unravel some of the typical standardisations that occur in practice that Property lawyers need to question.

    Leading young lawyers Lydia Eastwood, Property Law Accredited Specialist and Young Property Lawyer of the Year 2020, and Jessica Jacaj, Finalist in the Lawyers Weekly 30 under 30, will pose the tough questions to highly experienced lawyers David McKenzie, Accredited Specialist and Property Law Committee Co-chair, and Norman Mermelstein, REIV Owners Corporations Specialist and long-standing Property Law Committee member.

    Throughout this interactive session panel members will share their collective knowledge and personal insights into how to best manage property law practices.

    Compliance area: Professional Skills / Practice Management & Business Skills

    Panellists:

    • Lydia Eastwood, Senior Associate, Redman Lynch Washington; Property Law Accredited Specialist; Victorian Young Property Lawyer of the Year 2020
    • Jessica Jacaj, Associate, Norton Rose Fulbright Australia; Lawyers Weekly 30 under 30
    • David McKenzie Principal, LMG Lawyers, Property Law Accredited Specialist; LIV Property Law Committee Co-chair
    • Norman Mermelstein, Director, Law Ink Pty Ltd; LIV Property Law Committee member
  • 3:20 PM Short Break
  • 3:30 PM Resilience Strategies for Lawyers

    The legal profession globally suffers at least three times more than the general population when it comes to mental health and social-emotional well-being. Common complaints include high workloads, client expectations and lack of support in working environments. Rather than being reactive during times of stress, this interactive session will explain self-determination and how to build resilience through developing:

    • a sense of Autonomy – I feel that I have choices
    • a sense of Competence – I feel that I have what it takes
    • a sense of Connectedness – I feel that I belong and am valued

    
    

    Compliance area: Professional Skills

    Presenter: Mick Walsh, Author, Coach and Speaker at Learning Curve Positive Education and Wellbeing Program

  • 3:55 PM Short Break
  • 4:00 PM Navigating Ethical Dilemmas in Property Law Practice

    Michael Dolan and Simon Libbis will consider and discuss with attendees recent real life ethics examples relevant to property law practice including a solicitor’s paramount duty to the court and administration of justice, conflict of interest, legal professional privilege, client instructions to release monies from trust and solicitor as a material witness

    Compliance area: Ethics & Professional Responibility

    Chair: Michael Dowling, Special Counsel, Russell Kennedy Lawyers; LIV Property Law Committee Co-chair

    Moderator: Carly Erwin, Lawyer, Law Institute of Victoria
    

    Presenters:

    • Simon Libbis, Special Counsel Professional Practice, Law Institute of Victoria
    • Michael Dolan, Special Counsel Ethics, Law Institute of Victoria
  • 5:00 PM Conference Close