NSW Property Law in 2025: Navigating Strata Reforms, Caveats & Key Conveyancing Changes – 5 program recorded highlight series

Program 1: 2025 Conveyancing Update: Recent Developments and Reforms

It’s never a dull moment in property law, and the reforms and developments continue to come in thick and fast. This session brings property lawyers up to speed, with a spotlight on the following:

• What’s new – and what’s coming up – in econveyancing?
• Update on the Property Stock and Business Agents Act, focusing on the amendments coming through with respect to agent obligations, licensing requirements and related guidelines
• Key takeaways from the Better Regulation Legislation Amendment (Miscellaneous) Bill 2024 and the Building, Development and Strata Legislation Amendment Regulation 2024
• Update on the review of the Design and Building Practitioners Act and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
• Key learnings from Pafburn [2023] NSWCA 301 and High Court proceedings – duty of care and proportionate liability

Program 2: Mastering the Hidden Challenges of Property Due Diligence

Due diligence in property transactions is often seen as routine, but beneath the surface, it can reveal a host of unexpected complexities. Overlooking these hidden challenges can lead to significant legal and financial consequences. This session is designed to equip practitioners with the knowledge to navigate the intricate and sometimes obscure aspects of due diligence, with a focus on aboriginal heritage issues and water rights. It covers:

• Aboriginal heritage:
  • understanding the scope and significance of Aboriginal heritage interests
  • techniques for identifying Aboriginal heritage interests on the land
  • best practices for managing risks when heritage items are identified, including legal protections and mitigation strategies
• Water rights:
  • conducting thorough due diligence on water rights, an often-overlooked but critical aspect of land transactions
  • addressing contracts and legal agreements that run parallel with water rights, ensuring all interests are properly secured

Program 3: Strata Reforms: But Wait, There’s More

Following the recent review of NSW’s strata legislation and regulations, the final report has recommended a wide range of reforms. As is often the cases, the first tranche of reforms (the low hanging fruit) came into effect in December 2023. But what of the other more complex recommendations? To help practitioners keep on top of the recent legal developments in strata, this session explores the following:

• The key amendments from the Strata Legislation Amendment Bill 2023 and look at how they have played out in practice
• The more complex and challenging recommendations to be implemented (i.e. dealing with defects, licensing, insurance, electric vehicle charging stations; building renewal process etc) and provide an update on the current law reform efforts
• The issues on the regulator’s radar and practical steps practitioners should be considering to mitigate risk
• Key takeaways from recent cases of note dealing with strata

Program 4: Protect and Serve: The Dos and Don’ts of Writs, Caveats and Priority Notices

Protecting an interest in land is one thing. Understanding the legal mechanisms through which this can be achieved (and when and how to utilise them) can be another thing altogether! To help property lawyers understand the dos and don’ts when dealing with writs, caveats and priority notices, this session explores:

• The role and purpose of caveats, what interests can be protected (and how), caveats with priority, ramifications of incorrect lodgement and steps for removing them
• The role and purpose of writs and priority notices - how they operate, practicalities and limitations of seeking, enforcing, removing or cancelling, the circumstances in which a priority notice is appropriate, ramifications if employed incorrectly etc
• The relationship between writs, caveats and priority notices - how they work with each other, when one can stop the other, tips and traps to avoid when seeking to enforce contractual rights 
• The PPSR in property - understanding how PPSR relates to real estate and when it (and is not) appropriate
• Guidance from recent Supreme Court cases of note

Program 5:  But Wait … There’s More! Drafting Special Conditions to Contracts tor Sale of Land

Inevitably all contracts for sale of land will include several special conditions of contract. Special conditions must be drafted as precisely as possible to avoid future disputes. This session will walk participants through the effective drafting of special conditions, including:

• The role of special conditions to contract
• Common areas addressed by special conditions
• Do you really need a special condition?
• Avoiding conflict between the standard contract for sale and special conditions
• Drafting amendments to special conditions: don’t reinvent the wheel