Australian Property Law Summit 2024

Agenda 30 October 2024 | Sydney

Event agenda

08:00

Registration and arrival

Speakers

09:00

Welcome remarks

 

09:10

Panel Discussion: Social and Sustainable Housing and Development


Amid rising immigration, soaring costs of living, and heightened environmental concerns, Australia's housing and development sectors are under increasing scrutiny. Join us for an insightful panel discussion with industry leaders who are addressing these challenges through innovative approaches such as Social Housing and Build-to-Rent (BTR) models.

This session will explore standards for Livable Housing Design and the balance of rights between owners and tenants, emphasizing a sustainable and compliant approach to development.
 

Topics we will cover include:

• Environmental responsibilities and climate-related disclosures

• Expansion of the Commercial Building Disclosure (CBD) Program

• Obligations under the Building Energy Efficiency Disclosure (BEED) Act

• Strategies for achieving zero energy and carbon-ready buildings

• Solutions to the housing shortage: Social housing and Build-to-Rent (BTR) models

• Standards for Livable Housing Design

• Balancing rights between owners and tenants

 

We will also discuss ESG factors, available incentives, and effective planning and development strategies to foster sustainable growth in housing.

This discussion aims to provide actionable insights and foster collaboration among stakeholders to address the pressing needs of the Australian housing market. Join us to contribute to shaping the future of housing in Australia.

Speaker to be announced

09:55

Morning tea and networking break

 

10:25

Navigating Tax Law and investment in the Australian Property Market

The Australian property tax law is complex. This session aims to provide clarity to current and proposed changes to the property and development tax landscape. We will discuss state and federal tax laws and incentives as well as corporate trust structures and considerations for foreign investment.

• Overview of the Property Tax Landscape: Recent updates, stamp duty reforms, and comparisons by state
• Recent developments in Corporate Trust Structures affecting property
• Considerations for Foreign Investment: Latest changes and implications for taxes

Speaker to be announced

11:25

Addressing AML/CTF Reforms in the Property Sector

Comprehensive update on Anti-Money Laundering and Counter-Terrorism Financing reforms impacting the property sector

Neil Jeans, Partner, Risk Consulting, Grant Thornton

12:00

Lunch and networking break

 

12:45

Understanding unfair contract terms in property building and construction

Unfair Contract Term reforms are in full swing, but many are still falling short of compliant, risking hefty penalties. In this session we will unpack what constitutes as an unfair contract term and the common issues found in in property, building and construction contracts

Suzie Leask, Partner, Hall & Wilcox

13:30

Mitigating legal risks and avoiding disputes during construction

The construction industry faces billions of dollars in losses each year due to recurrent, predictable, and often preventable disputes. Common issues such as delays, payment disputes, and defective work frequently escalate into costly legal battles. In a sector where both cash flow and time are paramount, mastering the art of legal risk management is essential.

This session is tailored for construction professionals, project managers, and legal advisors seeking effective strategies to mitigate these challenges from the tender phase through to project completion. Join us as we delve into practical approaches and tools designed to navigate and preempt potential disputes.

Key Takeaways:
• Learn to identify risks during the tender phase, understand the current market practices for risk allocation, and discover methods to limit liability.
• Explore measures to mitigate the impact of a counterparty's insolvency, ensuring your projects and financial stability are safeguarded.
• Develop strategies to resolve disagreements amicably before they escalate into formal disputes, maintaining project continuity and reducing costs.

Equip yourself with the knowledge and skills to navigate the complexities of the construction industry and avoid legal pitfalls. This session will provide you with the insights needed to manage disputes effectively and maintain a focus on successful project delivery.

Alexander Rowe, Principal, Rowe Legal - Construction & Infrastructure Law

14:15

Afternoon tea networking break

 

14:45

Navigating the Courts: Trends in Property Disputes

Join Barrister, Sydney Jacobs for an in-depth exploration of property disputes and easement applications in this enlightening session. This seminar will be divided into two focused parts, each designed to enhance your understanding and management of property law issues in New South Wales.

Part One: Trends in Property Disputes
Delve into the latest trends affecting property disputes, with detailed discussions on easements, title passing, and commercial tenancy. This segment will provide a broad overview of current issues and developments, equipping attendees with the knowledge to navigate the complexities of property disputes effectively.

Part Two: Navigating Easement Applications under Sec 88K of the Conveyancing Act NSW
Focus shifts to the specific challenges of easement applications under Section 88K. This part will cover the essential requirements for pleading in a Statement of Claim (SoC) and the strategic considerations necessary to enhance the prospects of success.

Key topics include:
• The critical aspects of Section 88K, particularly the need for demonstrating "reasonable attempts" to secure an easement.
• Best practices for formulating a SoC to meet judicial expectations and avoid potential criticisms or adverse cost orders.
• The importance of properly presenting evidence of conversations, crucial in many easement cases, especially those involving informal discussions.
• The impact of evidence presentation on the admissibility of expert testimony and other evidentiary challenges.
• Decision-making strategies on when to opt for a Statement of Claim versus a Summons.

This session will not only provide you with the latest judicial insights and trends but also practical strategies to manage and succeed in property disputes and easement applications. Join us to gain valuable knowledge that will empower you to handle these legal challenges more effectively and confidently.

Sydney Jacobs, Barrister, Thirteen Wentworth Chambers

15:45

The Future of Australian Property Development

 

This session will focus on the future of Australian Property development, with special focus on the rise of data centers, the impact of remote work on real estate markets, and the critical importance of sustainable building practices. This session will provide insights into the environmental, social, and governance challenges associated with data centers, focusing on energy use, environmental impacts, and necessary security measures.
 

By attending this session, you will gain insights into:
• Emerging Asset Classes: Delve into the growth and potential of new asset classes like data centers and life sciences facilities.
• Impact of Remote Work: Analyze how the shift towards remote work is reshaping the landscape of commercial real estate.
• Sustainable Development and Green Building Trends: Discuss current trends in sustainable development and the rise of green building practices.
• Government Incentives: Review the government incentives available for promoting sustainable development within the property sector.

Speaker to be announced

16:30

Event Close