Property Law

2015/16 Annual Report

Members of the Property Law Committee represent the Law Society on a number of Landgate committees, the Law Council of Australia Legal Practice Section Australian Property Law Group and the Law Council of Australia E-conveyancing Working Group.

During the reporting period the Committee considered a number of reforms including the Strata Titles Act Reform amendments, duty on conditional contracts of sale, the Sale of Land Act and the proposal to amend section 13(1), settled various submissions made by practitioners concerning the registration of leases, verification of identity processes and monitored a number of decisions of the State Administrative Tribunal including Arise Joondalup P/L [2015] WASAT 92.

The Committee in conjunction with the Joint Form of General Conditions for the Sale of Land Committee, assisted in the drafting of annexures to the General Conditions concerning:

• the foreign resident’s withholding tax regime; and
• e-conveyancing.

The Committee also made submissions to Government on the draft Licensed Valuers’ Code of Conduct 2015 and the Settlement Agents Code of Conduct 2016.

The Committee has continued to monitor issues arising in specific areas including the Contaminated Sites Act 2003, retirement villages, PEXA, the Land Titles Registration Manual, and the Business Focus Amendments to the Transfer of Land Act 1893.

The Building and Construction subcommittee and the Probate and Guardianship subcommittee became stand-alone Committees of the Law Society at the end of 2015.

Thank you to all committee members for their valued contribution and participation in the Committee’s deliberations during the year.

The Committee would also like to thank the Law Society staff for their invaluable support of the committee’s activities.

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