Property Law

2018/19 Annual Report

As with the previous year, much of the focus of the Property Law Committee during 2018/19 has been on the significant amount of legislative change associated with Strata Titles reform. This year has required detailed review of the amendments to the draft Strata Titles Regulations required for the implementation of the extensive amendments to the Strata Titles Act 1985 and the proposed new Community Titles Act 2018.

Representatives of Landgate’s Strata Titles Act Reform group attended several Committee meetings to brief members on the legal, technical and policy issues behind the legislative program, and the Strata Titles subcommittee prepared detailed submissions on the draft proposed amendments to the Regulations for submission to Landgate.

Other business of the Committee included monitoring the Landgate program for general reforms related to the operation of the Transfer of Land Act 1893 and the implementation and impact of e-lodgement and e-conveyancing, following the publication of a new edition of the 2018 REIWA/Law Society Joint Form of General Conditions for the Sale of Land.

Members of the Property Law Committee continue to represent the Law Society on a number of external stakeholder groups and committees including the Law Council of Australia Legal Practice Section Australian Property Law Group, and the Law Council of Australia e-conveyancing Working Group. The Committee representatives (as well as Committee members generally) reviewed public consultation papers released by the e-conveyancing industry during the reporting period.

As part of its terms of reference, the Committee continued to monitor issues of potential impact on practitioners in the property area generally, including specific legislative changes, significant cases and Government policy reforms.

For more information about this committee please email General Manager, Advocacy – Mary Woodford,