Recorded Webinar: 3 CPD Compulsory Topic programs for Property Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for property lawyers for the CPD year ending 31 March 2023.

Session 1: Practice Management Business Skills

Tech up or Check Out: The Electronic way forward

Although electronic conveyancing transactions have been on the agenda for some time, it was the pandemic that resulted in the quick introduction of new and widespread procedures for more than just conveyancing. Whether these changes are long-term and represent best practice is an issue that needs to be further explored. This session will examine some of the legal challenges of electronic and virtual processes in the legal office, including:

• The problem with paper – is there one?
• Tales from the coalface on VOI, electronic execution and witnessing
• The uses and abuses of hyperlinks – can it be improved and how?
• Developments in the LRS for continuation of electronic reforms
• What are the reliability and security risks in electronic processes and how can they best be managed?
• The rise of DocuSign and other systems for legal practice – a user guide
• Jurisdictional inconsistencies in State legislation and the case for national standards
• Government reviews for reform and interoperability

Session 2: Professional Skills

Having a Bet Each Way: Drafting and Enforcing Subject to Finance Clauses

Rising interest rates and falling house prices means buyers are genuinely nervous when entering the property market. Subject to finance and other conditional clauses in a contract of sale can minimise the risk but how helpful are they in practice and do they provide a false sense of comfort to a buyer? This session will help you brush up on your drafting skills and improve your understanding of finance approval pre-conditions, including:

• Key elements of subject to finance clauses
• Should a legal practitioner advise their client of the need for a subject to finance clause? Lemongrove Services Pty Ltd v Rilroll Pty Ltd [2019] NSWCA 174
• Why should a vendor agree to accept a clause and what limitations should they insist on
• Drafting tips for subject to finance clauses including time limits, notice provisions and purchaser obligations
• What constitutes “reasonable endeavours” and what proof is required that the obligation has been met?
• Are any additional special conditions needed to support subject to finance clauses?
• Negotiation, extension and other options for both vendor and purchaser
• Consequences of failure to obtain finance and essential steps the purchaser must take to rely on the contract
• Lessons from cases

Session 3: Ethics

Walking the Ethical Tightrope in Property Law

Whether you are a new or seasoned practitioner, the ethical issues that can arise in property practice can catch practitioners by surprise. This session examines the key ethical challenges that practitioners commonly face, and provides best practice guidance in how to tackle them head on, including:

• Dealing with conflict of interest arising from past client contact
• When acting for both parties crosses an ethical line
• Ethical issues in communications
• Email and confidentiality – unintended disclosure of information
• Is there a full and frank disclosure obligation in property matters?
• Disclosure risk scenarios:
  • Property characteristics
  • The ‘murder’ house
  • When silence is an ethical breach
  • Understating property characteristics
  • Case studies