DISTRESSING CONTENT 

Viewers are advised that this course may contain details that some may find distressing. Please review the course description and use your discretion before proceeding. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. 

Where do all those special conditions come from? Why are they needed and what do they mean? The interaction of GST with property transactions continues to be a source of tension. Questions abound regarding the operation of the margin scheme, what activities constitute the carrying on of an enterprise and the vexed issues arising from the need to distinguish between commercial residential premises and residential premises.  This practical session will look at drafting issues in the light of the GST provisions as well as recent decisions in this evolving area of the law.

This session was recorded during the Specialist Accreditation Conference 2023.

Easements and other rights of access are commercially valuable rights which allow the use and development of land for commercial purposes. This paper discusses contentious issues that arise in this area of property law.

Electronic execution of documents

This session will cover: 

• Electronic execution of deeds and agreements by persons and companies 
• Electronic execution processes and clauses 
• Practical issues for property practitioners

Practitioners should inform themselves of Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 which sets out the requirements for the four (4) mandatory CPD areas for NSW legal practitioners – (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law. It is the responsibility of each legal practitioner to self-assess as to whether a particular educational activity extends their knowledge and skills in areas that are relevant to their practice needs or professional development.

This session covers the recent changes and proposed changes to defamation law in Australia, including an analysis of some recent cases. Stewart O’Connell also discusses how these developments impact the social media user, as well as how these changes impact the way the legal practitioner represents the social media user. 

This session will review case law and cover:  

• how a lease proposal or Heads of Agreement documents the proposed commercial terms for a lease as well as the process and timeframes for negotiating and finalising the lease documentation;
• when lease proposals bind the parties in the context of being generally framed as non-binding and “subject to contract”, with only certain provisions being expressed to be binding on the parties;
• how effective lease proposals are in preserving a party’s right to withdraw from a transaction;
• key terms, non-binding and binding provisions; and
• how to make a lease proposal “Subject to Contract”.