Live Webinar: 3 CPD Compulsory Topic programs for Property Lawyers
Live Webinar: 3 CPD Compulsory Topic programs for Property Lawyers
Date:Thursday 23rd February 2023
Vic, NSW, ACT, Tas: 2pm to 5pm
Qld: 1pm to 4pm
SA: 1.30pm to 4.30pm
NT: 12.30pm to 3.30pm
WA: 11am to 2pm
ABOUT THE WEBINAR
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for property lawyers for the CPD year ending 31 March 2023.
Session 1: Practice Management & Business Skills
Tech up or Check Out: The Electronic way forward
Although electronic conveyancing transactions have been on the agenda for some time, it was the pandemic that resulted in the quick introduction of new and widespread procedures for more than just conveyancing. Whether these changes are long-term and represent best practice is an issue that needs to be further explored. This session will examine some of the legal challenges of electronic and virtual processes in the legal office, including:
The problem with paper – is there one?
Tales from the coalface on VOI, electronic execution and witnessing
The uses and abuses of hyperlinks – can it be improved and how?
Developments in the LRS for continuation of electronic reforms
What are the reliability and security risks in electronic processes and how can they best be managed?
The rise of DocuSign and other systems for legal practice – a user guide
Jurisdictional inconsistencies in State legislation and the case for national standards
Government reviews for reform and interoperability
Session 2: Professional Skills
Having a Bet Each Way: Drafting and Enforcing Subject to Finance Clauses
Rising interest rates and falling house prices means buyers are genuinely nervous when entering the property market. Subject to finance and other conditional clauses in a contract of sale can minimise the risk but how helpful are they in practice and do they provide a false sense of comfort to a buyer? This session will help you brush up on your drafting skills and improve your understanding of finance approval pre-conditions, including:
Key elements of subject to finance clauses
Should a legal practitioner advise their client of the need for a subject to finance clause? Lemongrove Services Pty Ltd v Rilroll Pty Ltd  NSWCA 174
Why should a vendor agree to accept a clause and what limitations should they insist on
Drafting tips for subject to finance clauses including time limits, notice provisions and purchaser obligations
What constitutes “reasonable endeavours” and what proof is required that the obligation has been met?
Are any additional special conditions needed to support subject to finance clauses?
Negotiation, extension and other options for both vendor and purchaser
Consequences of failure to obtain finance and essential steps the purchaser must take to rely on the contract
Lessons from cases
Session 3: Ethics
Walking the Ethical Tightrope in Property Law
Whether you are a new or seasoned practitioner, the ethical issues that can arise in property practice can catch practitioners by surprise. This session examines the key ethical challenges that practitioners commonly face, and provides best practice guidance in how to tackle them head on, including:
Verifying identity – ethical implications in getting identity correct
Dealing with conflict of interest arising from past client contact
When acting for both parties crosses an ethical line
Ethical issues in communications
Email and confidentiality – unintended disclosure of information
Is there a full and frank disclosure obligation in property matters?
Disclosure risk scenarios:
The ‘murder’ house
When silence is an ethical breach
Understating property characteristics
Philip Bambagiotti, Barrister, Sydney, NSW
Philip Bambagiotti is a barrister, arbitrator, arbitration advocate, independent negotiator, and consultant dispute resolver. He practices from chambers in Sydney (Australia) and London (UK). He is an Adjunct Professor of Law at the University of Notre Dame Australia, Sydney.
He has been at the commercial bar for 23 years. He practices in all aspects of commercial law, but with particular focus upon technology & construction issues, equity, property & planning, and professional negligence, insurance / reinsurance and revenue issues in the commercial context. He is one of the few common-law counsel with particular interests in the Convention for the International Sale of Goods (Vienna Convention).
Eva Vicic, Partner, McCullough Robertson, Sydney, NSW
Eva has extensive experience in property and real estate law, with a particular focus on all aspects of property development, disposals and acquisitions and complex leasing transactions across all types of real estate assets, including commercial, industrial, mixed use and residential projects, strata and community title.
Eva works with a diverse client base acting for local and overseas developers, government entities, real estate trusts and high net worth individuals.
Roland Taylor, Director, Statewide Conveyancing, Mackay, Qld
Roland is a Director of Statewide Conveyancing and is responsible for the overall management of the practice throughout Queensland.
His qualifications include a Bachelor of Commerce/Bachelor of Laws (UQ). He was admitted as a Solicitor of the Supreme Court of Queensland in 1993 and is also admitted as a Solicitor of the High Court of Australia.
Roland has over twenty years’ experience in conveyancing and commercial litigation, and has acted for clients in commercial disputes in the Supreme, District and Federal courts.
He has managed Statewide Conveyancing since 2000 and now exclusively practises in conveyancing.
WHO SHOULD ATTEND?
This webinar is suitable for lawyers practising in property law - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2023.
Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim 3 CPD units – 1 unit each for Practice Management & Business Skills, Professional skills and Ethics.
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: firstname.lastname@example.org
Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you
don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and
time with your computer and internet connection.
Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer.
The speaker delivers the session from their computer in real time.
Just like a live seminar, you can ask questions of the speaker.
You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you