Disputes in Real Estate Transactions

Wednesday, 26 July 2017

Grace Hotel
77 York St
Sydney NSW 2000

CLE points:    Four (4)

8.45am     Introduction from the Chair
Chair:    Ned BOYCE, Senior Consultant, Hunt & Hunt Lawyers

Topic 1: Part 10 of the Strata Schemes Development Act and Strata Reforms Enabling Collective Sales
Speaker: Chris FABIANSSON, Partner, Dentons
•    Legislative framework
•    Differences between a collective sale and redevelopment
•    Practical obstacles to achieving collective sales
•    Deal structures for owners / developers
•    Case studies of collective sales - what works and what doesn't

Topic 2: Trending Strata Disputes and Areas of Dispute Arising Under the Strata Reform
Speaker: David BANNERMAN, Principal, Bannermans Lawyers

10.25am    Morning Tea

Topic 3: How to Value Compensation When Easements of Necessity are Granted Under Section 88K of the Conveyancing Act and also Resumed by Public Authorities
Speaker: Sydney JACOBS, Barrister, Thirteen Wentworth Selborne Chambers

Topic 4: Removing Caveats Over Land: The Implications of Hanson Construction Materials v Roberts [2016] NSWCA 240
Speaker: Evan WALKER, Barrister, Ground Floor Wentworth Chambers
• Review of the first instance and appeal decisions in Hanson Construction Materials Pty Ltd v Roberts [2016] NSWCA 240.
• Discussion of the circumstances in which courts will order the withdrawal of a caveat, in particular where its removal is sought to allow a land owner to refinance.
• Consideration of how the decision has been applied and might be applied in future.

Topic 5: Avoiding Property Transactions Made with the Intention to Defraud Creditors – Principles and Practice
Speaker: Scott ASPINALL, Barrister, Ground Floor Wentworth Chambers and Scott RICHARDSON, Barrister, Ground Floor Wentworth Chambers
•    What is the background and purpose of section 37A of the Conveyancing Act and like provisions?
•    Who has standing to bring a claim and what are the limitation periods?
•    What elements found a cause of action under the section?
•    What constitutes an “alienation” for the purposes of the section?
•    What is an “intention to defraud” and when this can be inferred?
•    What defences are available and who bears the onus of proof?
•    To what extent is the transaction avoided?

12.55 – 1.00pm    Questions and Close


Grace Hotel
77 York St
Sydney NSW 2000