Recorded Webinar: 2020 NSW Conveyancing Update with Tony Cahill

This 2 hour webinar comprises two sessions:

Session 1: E-conveyancing: Meeting our E-xpectations?

The new e-conveyancing regime commenced in mid-2018 and since July 2019 the majority of all transfer, mortgage and caveat transactions must be lodged electronically. As we edge closer towards a national electronic conveyancing system, how is the system working in practice? Are you meeting all the mandatory lodgement obligations? This session will look at the current state of play and some of the practical issues arising from this new process, as well as potential areas of concern, including:

• Transition timeline and mandatory on-line transactions

• Establishing protocols and processes in the office for digital certification, client authorisations and identification

• Identifying the challenges arising from e-conveyancing and how they have been managed

• Next steps: mandatory electronic exchange of contracts – how will it work?

• New entrants in the space: interoperability issues as potential alternative systems gain ARNECC accreditation

• Use of settlement “agents” in the electronic process – understanding the risk

Session 2: Practice and Procedure in Conveyancing: Key Developments and Recent Updates

• It has been a busy year for property and conveyancing practitioners with changes to the contract for the sale and purchase of land, as well as legislative reforms impacting on property law. In this session we will highlight some of the matters that you need to be aware of in your day to day practice, including:

• Contract for the sale and purchase of land – latest edition and key changes

• What are the obligations of solicitors and conveyancers? A discussion of the decision of Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164

• How to issue notices to complete in an electronic transaction

• What needs to be in the disclosure statement for Off the Plan purchases?

• Changes to occupation certificates under the Environmental Planning and Assessment Act 1979

• Withholding GST in property transactions – practical issues

• Proposed reform of Council planning certificate form and content