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Property Law Fundamentals - Parts 1 & 2

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Property Law Fundamentals - Parts 1 & 2

Date & TimeTBC
Format Workshop





CPD Units 8
  • Professional Skills
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

Delivered over two half-day sessions, this practical workshop will provide essential learnings to practitioners who are new to property law and valuable updates to those currently practicing in this area.

Further details below.

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Further Details

  • Full Description

    Property lawyers, conveyancers, and clerks commonly deal with matters involving the sale or acquisition of land, and commercial leasing. If you have just begun practising or working in this area, the complexity and variety of issues and processes associated with these transactions may be overwhelming, and it can be difficult to see how multiple layers of law and regulation fit together within a single transaction. When a client engages you to handle their property matter, they are putting their confidence in your knowledge of fundamental legal concepts, relevant legislative requirements, as well as the intricate procedural steps that must be followed to deal with, and protect, their interests.

    The Property Law Fundamentals series explores key legal concepts, issues, and processes behind sale of land and commercial leasing transactions, and gives you opportunities to put your new learning into practice.

    PART 1 ( 8 March):

    Legal and regulatory fundamentals for the sale of land, and commercial leasing

    Part 1 delivers essential theoretical and practical knowledge to help you to practise successfully in this area. In this session, you will learn to identify and understand the relationship between key legal issues and legislative requirements for land transactions, and become familiar with key transaction documents. In relation to commercial leasing, you will work through the leasing process, and discuss strategies for dealing with common issues and mistakes.  

    Topics will include:

    1. Legal and regulatory fundamentals

    • Legal concepts relating to land: distinguishing between land and personal property
    • Applicable legislative framework for land in Victoria: including the Property Law Act 1958 (Vic), the Transfer of Land Act 1958 (Vic)

    2. Leasing Land in Victoria

    • Fundamentals for leasing land in Victoria; legal concepts and key legislation: including the Property Law Act 1958 (Vic), the Retail Leases Act 2003 (Vic) and the Residential Tenancies Act 1997 (Vic)
    • Introduction to key transaction documents: Agreement for Lease, Lease, Deeds of Sublease, Transfer, and Renewal.
    • Retail and commercial leasing: consequences of leasing under the Retail Leases Act
    • Issues and drafting strategies for landlords and tenants: security deposits and guarantees, repair and maintenance obligations, breach, termination, and rent review

    3. Sale and Acquisition of Land

    • Fundamentals for the sale of land in Victoria: Sale of Land Act 1962 (Vic)
    • Key transaction documents: Contracts of Sale and Vendor’s Statements
    • Common mistakes for vendors and purchaser, cooling off rights, and deposits/guarantees

    PART 2 (13 March):

    Sale and Acquisition of Land – Fundamental Conveyancing

    Part 2 delivers essential theoretical and practical knowledge by working through the conveyancing process from start-to-finish; from reviewing and drafting contractual documents to settlement. This workshop uses paper-based documents to familiarise you with the laws and processes for conveyancing generally, which underpin and are reflected in the electronic conveyancing process. In doing so, this workshop prepares you for learning how to use electronic conveyancing software in detail, and to understand how the law applies to the electronic process.

    Topics will include:

    • Fundamentals for the sale and acquisition of land, and the Sale of Land Act 1962 (Vic), focusing on the conveyancing process and identifying practical resources and guides
    • Conveyancing from start to finish: from the time of pre-purchase due diligence to post-settlement procedures
    • Getting the paperwork right: drafting for common issues in key transaction documents, and completing instruments necessary for settlement
    • Key issues for conveyancing in the electronic era: how the law relates to the electronic conveyancing process, such as verification of identify, and protecting your client
  • Presenters

    Dr Vanessa Johnston, Lecturer, Monash University Vanessa is a Chief Examiner of property law at Monash University. She teaches and researches in property law, issues around sustainability and climate change. She has over 8 years’ experience in private practice in small and mid-tier law firms, advising clients in relation to the sale and acquisition of land and business, commercial leasing, and property-related taxes.

  • Learning Outcomes

    At the end of Part 1, you will:

    • Gain a more thorough understanding of the legislative and regulatory framework that applies to property transactions in Victoria
    • Develop the practical skills needed to advise clients through lease and sale transactions in Victoria

    At the end of Part 2, you will:

    • Develop confidence with key transaction documents, and in addressing key issues for Purchaser and the Vendor
    • Further develop the knowledge and skills needed to effectively and confidently advise clients through the conveyance process from start to finish