Property Law Conference

Program Overview

• Property Law Conference - Friday 04 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 and Welcome
  • 9:05 AM Keynote Address – A Time of Change: Challenges and opportunities in VCAT

    Our esteemed presenter, Deputy President Aird of the Victorian Civil and Administrative Tribunal (VCAT), will discuss key changes implemented by VCAT, including those arising from COVID-19, the challenges she sees the Tribunal and practitioners facing in these unprecedented times and the opportunities this has provided for effective change.

    Topics include:

    • Current initiatives and changes within VCAT, including those arising from COVID-19
    • Any upcoming or proposed changes
    • The challenges of operating within VCAT during COVID-19 and in a post pandemic world and the opportunities this provides

    
    

    Compliance area: Professional Skills

    Keynote Speaker: Deputy President Catherine Aird, Head of Civil Division, Victorian Civil and Administrative Tribunal

  • 9:40 AM Wellbeing Break
  • 9:45 AM Essential Property Law Case Updates

    Even in times of relative stability property law is always developing and practitioners need to be on top of the changes to practice effectively in this area. In this session, William Stark will cover some of the key case law updates that have occurred over the past 12 months.

    Topics include:

    • The Transfer of Land Act 1958 for the lodgement of a caveat without reasonable cause
    • Claiming indemnity costs against a solicitor for wrongfully lodging a caveat
    • Assessing whether a proposed modification of a restrictive covenant will not substantially injure the persons entitled to the benefit of the covenant
    • Drafting a licence to occupy a property being purchased pending settlement

    
    

    Compliance area: Substantive Law

    Presenter: William Stark, Barrister, Victorian Bar

  • 10:45 AM Morning Tea Break
  • 11:05 AM Electronic Lodgement of Residual Documents: S.104 of the Transfer of Land Act (Vic)

    While e-conveyancing may now be part of everyday practice, some transactions have remained ineligible for electronic lodgement – until now. With COVID-19 limiting the ability for face-to-face interactions, Victorian Land Registry Services and PEXA have together created a new ‘generic residual document’ which allows those transactions initially excluded from electronic conveyancing, to now be lodged electronically with Land Use Victoria using the PEXA platform. In this session, we will take a practical look at the generic residual document, which transactions it applies to and take you through how to use it using real-world examples as well as troubleshooting some common issues.

    Topics include:

    • What is the generic residual document and why did it come about?
    • What transactions does it cover?
    • What is the eligibility criteria to lodge this kind of transaction?
    • Going through the s.104 form and real-world examples
    • What can go wrong?

    
    

    Compliance area: Professional Skills / Practice Management and Business Skills

    Presenter: Jonathan Teh, Executive Manager, Practitioner Services (Vic), PEXA

  • 12:05 PM Wellbeing Break
  • 12:10 PM Navigating Ethical Dilemmas in Property Law Practice

    Requiring a sharp and consistent ethical compass, navigating the ethical issues faced by lawyers in property law practice is no easy task. This session will cover the challenging ethical issues faced by property lawyers as well as provide practical strategies to overcome these issues. The LIV’s Head of Ethics, Wellbeing & Practitioner Support and the LIV’s Special Counsel Ethics will facilitate a highly interactive webinar considering a selection of challenging ethical issues for property lawyers. These will be illustrated by the use of de-identified real-life scenarios discussed with our panellists Simon Libbis and David McKenzie. All scenarios will be based on real dilemmas which can and often do arise frequently in the course of daily legal practice.

    Topics for discussion include:

    • Dealing with vendors who appear to lose capacity just before settlement
    • Lying clients
    • Receiving sub-standard VoI photos of clients
    • Conflict of interest between current and former clients in restrictive covenant matters
    • Transferring eCT control to another law firm
    • What to do when you realise you might have inadvertently disclosed confidential information

    
    

    Compliance area: Ethics and Professional Responsibility

    Presenters:

    • Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria
    • Michael Dolan, Special Counsel Ethics, Law Institute of Victoria
    • David McKenzie, LMG Lawyers, Accredited Specialist, Property Law
    • Simon Libbis, Consultant, Prior Law, Accredited Specialist, Property Law
  • 1:15 PM Lunch
  • 1:50 PM Leases Update

    Hear from Samuel Hopper and Abilene Singh of the Victorian Bar about the critical developments in leases that have occurred over the last 12 months and what this means for your practice and your clients.

    Compliance area: Substantive Law

    Presenters:

    • Samuel Hopper, Barrister, Victorian Bar
    • Abilene Singh, Barrister, Victorian Bar
  • 2:50 PM Wellbeing Break
  • 2:55 PM An Amicable Resolution: Mediations in the Victorian Small Business Commission (VSBC)

    The Commercial Tenancy Relief Scheme (the CTRS) implemented to alleviate financial hardship faced by tenants and landlords as a result of COVID-19 provides for a range of supports including a free mediation service for commercial tenants and landlords, accessed through the VSBC, to support fair tenancy negotiations.

    In this session, Mark Schramm, will talk about the Commission’s approach to these mediations and demonstrate the ways parties can work towards reaching an amicable resolution, as well as discussing property law mediations more generally.

    Topics include:

    • The VSBC’s role in CTRS and other mediations
    • Observations and issues of interest relating to the COVID-19 Omnibus (Emergency Measures) Act and Regulations

    
    

    Compliance area: Professional Skills

    Presenter: Mark Schramm, Senior Manager, Victorian Small Business Commission

  • 3:25 PM Afternoon Tea Break
  • 3:45 PM Risk in Times of Disruption: Protecting your practice and avoiding claims

    Any major disruption to the operation of a law firm has the potential to cause an increase in claims and create greater opportunities for fraud including cyber fraud. In this session, we consider the risks and challenges seen by LPLC during this period of disruption caused by Covid-19 with a particular focus on cyber fraud and the use of video conferencing. We will also consider what practitioners need to do to stay focused on providing the best legal service possible to help avoid a claim.

    Compliance area: Practice Management and Business Skills

    Presenter: Phillip Nolan, Legal Practitioners’ Liability Committee

  • 4:45 PM Conference Close