In this recorded seminar, Lucinda Morphett will run through the basics of compulsory land acquisition in NSW. The seminar will also examine the quirks of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), as well as recent case law relating to compulsory land acquisitions.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

Caveat litigation is fast paced, requiring solicitors to make high-level tactical decisions under time pressure which will have significant consequences for their client. This seminar will traverse advanced issues and strategies in caveat litigation by considering common scenarios practitioners can expect to encounter and will provide the legal framework and strategies for achieving the best outcome. Topics covered will include withdrawal under s 74MA of the Real Property Act 1900 (NSW) (the Act), considerations relating to applications to extend or withdraw a caveat, and the role of substitute security for the caveat. The seminar will also touch on compensation under s 74P of the Act, professional obligations regarding lodgement of caveats, and how to effectively brief counsel on urgent applications.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session focuses on the many possible avenues for dispute resolution in property matters. This includes 7.2.3 of the Law Society Contract, Section 66 of the Retail Leases Act 1994 (NSW), NCAT mediations regarding strata matters, and Lawcover mediations where a solicitor is accused of negligence. It also includes ASBFEO mediations and arbitrations for franchise/property disputes, “genuine steps” requirements in the Federal Court, Land & Environment Court conciliation conferences, Building Management Committee expert decisions, local councils’ facilitations regarding DAs, and expert referrals in a variety of matters.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

In a series of cases, and most notably the landmark High Court decision in Kennon v Spry [2008] HCA 56; (2008) CLR 366, courts have found that, in certain circumstances, trust property can constitute ‘property of the parties to the marriage’ for the purpose of s79 of the Family Law Act 1975 (Cth). Through detailed case studies, the presenters aim to elucidate key concepts and arm practitioners with the necessary knowledge to guide them through this often complex, and quickly evolving, area of family law practice.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Family

Fires in high rise towers (including the Grenfell Tower in London and Lacrosse in Melbourne) have brought notoriety to a popular façade finish known as aluminium composite panels (‘ACP’), and have seen legislative and regulatory amendment introduced in most states to prohibit the use of so-called ‘combustible cladding’. This has also seen building owners question the design and approvals process whereby such cladding was permitted and used in the buildings’ construction. Inevitably, litigation has ensued, with architects, engineers, certifiers, suppliers, subcontractors and head contractors the typical targets. The presenter will discuss these issues, the recent authorities that have considered them, and the implications for property owners.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session will outline the main entities involved in commercial property transactions. It will contrast property transactions involving the sale of shares in the selling entity with typical real asset sales. Issues affecting certain types of entities will be discussed, such as Foreign Investment Review Board considerations; GST, including applicability or exemptions available; limitations on tax concessions for certain trusts and companies; and foreign surcharge duty/land tax considerations, particularly if the discretionary trust structure is used. Discussion will also include SMSFs, exemptions from the usual vendor warranties under the Conveyancing Act 1919 for certain types of sellers/contracts, application of vendor warranties under that Act for transactions involving lessees under long-term leases, and recent case law.

This session was recorded as part of the Specialist Accreditation Conference 2024.

If the key is the identification and valuation of the property of the parties, how can the litigation process be tailored to progress the objective of the expeditious conclusion of complex financial disputes? Most practitioners know what a complex property matter is and have conducted one themselves. However, not everyone is familiar with how to use its parts to achieve a result. This session will assist in taking the leap to gain the third eye in complex matters.

This session was recorded as part of the Specialist Accreditation Conference 2024

Spec Acc Conf 2024 - Family

Intellectual property rights are an important and often valuable class of intangible assets used within businesses. The issues which arise in relation to intellectual property rights in the context of mergers and acquisitions can be complex, and the consequences can be dire when valuable intellectual property rights are not properly assigned to the buyer in a sale. This session will cover complex IP issues in the context of business sales including ownership and licensing issues, as well as contemporary issues which have arisen with the increased use of artificial intelligence within businesses.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

Michael Williams, a leading light in the field of intellectual property (IP) in Australia, will discuss the current issues affecting the application of IP legislation to copyright, trade marks and patents. A key focus of this session will be the treatment of AI under IP law.

This session was recorded as part of the Specialist Accreditation Conference 2024.

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

The increasing prevalence of digital assets and AI calls for greater consideration of the way digital matters fit into the law and process of inheritance. Surveys suggest the general public rarely thinks of the digital, including digital access to non-digital property, when giving instructions for wills, and lawyers’ attention to this is only slightly more frequent. Testators may know very little about their digital assets and be very surprised to learn they do not own the material on their streaming services. This session suggests ways to manage. Where overseas jurisdictions have passed legislation, this may not always be useful. Data protection, post-mortem privacy and the right to be forgotten or to be memorialised are all aspects of this developing area of law.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Wills and Estates

Any practitioner that regularly deals with security interests knows that the regime prescribed by the Personal Property Securities Act 2009 (Cth) is highly complex. As lawyers we are responsible for ensuring registrations are valid and effective. The session will cover critical concepts necessary for giving stakeholders certainty about their security interests, examine how the Courts have recently dealt with particularly complex issues, and identify what lessons lawyers should learn from those matters.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

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.