NSW Property Law: Reforms & Developments in the Spotlight – 5 program on demand webinar series

Program 1: NSW Conveyancing Law and Procedure: Recent Developments and Reforms

It’s never a dull moment in the world of conveyancing. This wrap-up session examines the key challenges in conveyancing law and procedure over the last 12 months, including:

• E-conveyancing and electronic execution of documents – where are we up to?
• What risks arise over interoperability now that 100% lodgement applies?
• Rule changes to contracting, witnessing and other conveyancing procedures
• Review of the Environmental Planning and Assessment Regulation 2000
• The proposed Property Tax
• Case update, including SPIC Pacific Hydro v Chief Commissioner of State Revenue (NSW) 2021; Alexakis v Wan [2021] NSWSC 367

Program 2: Vendor Disclosure and Warranties – Law and Practice Update

The extent of vendor disclosure obligations on property sales and the scope of vendor warranties are examined in this session. It includes:

• Operation of ss52A 66 R Conveyancing Act statutory disclosure – an overview
• Categories of documents that must be disclosed
• The nature of prescribed warranties as part of disclosure obligation
• The extent of obligation to state warranties clearly
• Implied terms and disclosure – relevance to property transactions
• Aboriginal heritage issues and the disclosure obligation
• Vendor disclosure obligations at common law
• Extent of purchaser rescission rights for defective disclosure
• Case study – Disclosure and contaminated land
• Case report – Mehmet v Carter [2020] NSWSC 413

Program 3: Regulator on the Warpath: Foreign Surcharge Duty and Land Tax

Increased compliance activity by Revenue NSW has shown that foreign surcharges are firmly within the regulator’s sights. This session looks at how to properly detect and advise clients in this troublesome area, and the potential liability issues that practitioners might face, including:

• Rules of foreign buyers of investment property – an overview
• Who is a foreign buyer and what rules apply for foreign home buyers?
• What about where property bought by bought by a trust?
• Key traps to watch out for
• Getting the due diligence right from the start
• Penalties for failure to disclose someone is a foreign person
• Understanding the audit and compliance process
• When will property lawyers be in the firing line?

Program 4: Community Title and Strata Schemes: Practical Changes in the Spotlight

This session looks at the legislative changes impacting community title and strata schemes and how these reforms are playing out in practice. It covers:

• New community title legislation – what are the changes and their effects
• Alignment of community with strata schemes – how will this work?
• New democratic governance arrangements
• What are the associated regulations and their effects?
• Issues emerging from the Ministerial review of the Strata Acts (SSMA s276; SSDA s204)
• Inspection by building consultants who report on defects – what does this mean?
• Time frames to rectify defects
• Obligation of bond payment at time of development consent
• If defects not rectified can owner’s corporation use bond?
• Strata schemes inspection panel – where does this fit in?
• Case study - Enforceability of strata bylaws under the changes

Program 5: Retail and Commercial Leasing in NSW: Navigating the Current Landscape

This session provides an up-to-the-minute primer on recent case law developments in retail and commercial leasing and the key lessons they hold for practitioners. Cases that may be covered include:

• Cameli Pty Ltd v Place Management NSW [2020] NSWSC 1132
• NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10
• Sneakerboy v Georges Properties Pty Limited [2020] NSWSC 996 (No.1)
• Sneakerboy v Georges Properties Pty Limited (No 2) [2020] NSWSC 1141 (No.2)
• Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd [2021] NSWSC 405
• MIR Holdings P/L Anor v Marina Square Retail P/L [2020] NSWSC 1418