From 1 July, the commencement of the AML/CTF Tranche 2 obligations will remove the small-business privacy exemption for businesses with a turnover of less than $3m.
This means that from 1 July the Privacy Act will apply to virtually all personal client data you collect for both conveyancing and Customer Due Diligence (CDD) purposes. Full compliance will not only require written disclosure to clients but very specific record-keeping and reporting rules and obligations.
Critically, Privacy Act compliance involves more than just publishing a Privacy Policy on your website, it involves other obligations such as having a collection notice, taking reasonable steps to protect information and mandatory reporting of notifiable data breaches, and more.
In this session Simone will introduce the new compliance obligations including:
The Death of the Exemption: Why privacy compliance is now a core part of your AML obligations (regardless of your turnover).
What will be required of Tranche 2 businesses: Which Australian Privacy Principles will be especially important in your practice, what is considered "reasonable steps" to protect personal information meeting those obligations, cyber resilience, and mandatory data breach reporting.
Enforcement: What the regulator is focusing on and why enforcement is increasing in light of the Federal Court's recent landmark ruling.
Gary Newton returns to provide his essential update on the latest judicial developments affecting property law practitioners.
Gary will take a look at recent decisions over the 24 months covering:
Conveyancing & Sale of Land: Updates on specific performance, the validity of binding contracts, and the latest pitfalls regarding Notices to Complete and contamination issues.
Property Law & Disputes: A review of recent rulings on caveat disputes, land tax applications, the removal of encroachments, and easement litigation.
Retail & Commercial Leasing: Practical insights into recent cases involving rent defaults, the exercise of options, frustration of leases, and the validity of relocation notices.
One of the most fundamental aspects of a conveyancing transaction is the payment of the deposit. Traditionally this was a simple matter of a payment of a 10% instalment held by the agent until completion. However over time, the deposit has become one of the more complicated features of a conveyancing transaction.
In this session Tony Cahill will discuss various issues to be navigated by practitioners and the rights of the parties where expectations aren’t met including:
What is (and isn't) a deposit.
The role of the deposit (as an earnest).
How the deposit to be paid and
What the contract says and requires.
The problems that can arise around the payment of the deposit.
The role and responsibilities of the stakeholder
The problems that can arise if the deposit is held by an unregulated deposit-holder or by a third party instructed by the listing agent... the rise of "deposit flipping"
Deposit bonds and what specifically needs to be met.
Deposit by instalments - is the second payment part of the deposit or a penalty?"
The dangers of releasing the deposit before settlement for both single and double transactions (ie simultaneous sale and purchase).
Relief against forfeiture.
In this informative session Lawcover specialist Peter Moran will present a series of case snapshots involving actual claims against lawyers and property professionals with a view to discussing how – from a risk management perspective – each claim or complaint could have been avoided by different conduct or advice.
The session is intended to be interactive. Peter encourages comments or views from the audience as to how they might have acted in the same scenarios.
Experience what’s next for duties transactions with Revenue NSW’s Modernisation Program – front and centre at this year’s AIC Education Day. A short video showcase will highlight emerging features to help you get it right, alongside future-state concepts designed to simplify and streamline your work. You’ll also have the opportunity to share feedback and help shape what comes next. Come and chat with us during the breaks to learn more.
Beyond the future view, this session delivers actionable insights for today. You’ll hear the latest on NSW State Budget developments and receive essential guidance on interest guidelines and off‑the‑plan transactions, along with information on how to avoid common compliance pitfalls.
The session will include a focused discussion on land tax clearance certificates and best practices to protect purchasers. Current “hot topics” will ensure you stay ahead of emerging issues and client questions.
You’ll also receive an update on professional resources, including enhancements to the Property Professionals Resource Centre, Duties Document Matrix, and clearer guidance on proof of identity and foreign status requirements.
Practical, relevant and future-focused information.