The topics offered in this Conveyancing Pot Pourri reflect those which property lawyers indicated most interested them, in response to an ADLSI survey circulated, including:
Co-Ownership & property sharing agreements
With reference to a case study highlighting common themes and issues in this area, practitioners receive guidance on how to navigate the increasing complexity in the area of property co-ownership.
Learning outcomes: Gain a better understanding of what to turn your mind to in this complex area and on how to tailor co-ownership and property sharing agreements to best meet the needs of clients in the various situations that transpire.
Contributory negligence for Purchasers – the “must know” for property lawyers from “both sides of the fence”
The decision in Johnson v Auckland Council  NZHC 165 shows the potential for purchasers who fail to obtain a building inspection report prior to confirming a purchase (or who fail to obtain one from a reputable and suitably qualified inspector) to incur the consequence of contributory negligence. With P-labs and the like coming to light, potential risks in purchasing real estate are no longer limited to leaky building issues.
Learning outcomes: Become updated on current case law and receive guidance on how you should advise a purchaser in a market where purchasers may feel pressured into making concessions – especially where sale by way of auction is prevalent.
Contemporary insurance issues in property transactions
Complex issues have arisen in relation to insurance of realty in recent times, including the introduction of fixed or “specified sum” instead of full replacement insurance. Issues also arise in connection with the potential to under-insure and the ongoing implications for mortgagees – especially where lawyers have provided a solicitors’ certificate stating that the property is adequately insured and that the mortgagee’s interest is protected.
Learning outcomes: Gain insight into challenges facing the insurance industry and matters of which you need to be aware.
Who should attend?
All lawyers and legal executives practising in the area of property law.
Feedback from the live event
"I will return to implement further guidelines to large executives. Many thanks to all presenters for your generosity in sharing your expertise."
"Really good practical information thanks."
"Excellent seminar, outstanding speakers. Extremely useful content."
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Partner, Stafford Klaassen
Barry has been in practice for more than 40 years with about half of that time spent practising with Simpson Grierson and its predecessor firms. For the other half of his career, Barry has been a principal of Stafford Klaassen. This firm is situated in Epsom where the client base is a mix of private clients and small to medium business clients. Barry is primarily a general practitioner with a great deal of experience in banking and finance, retirement villages and trusts.
Barry has presented at various seminars both for the ADLS and NZLS.
Partner, Glaister Ennor
Tim has extensive experience advising clients in residential and commercial property transactions (including bodies corporate and developers). He takes a strong interest in property law, not only from a transactional perspective, but also through his involvement in drafting and providing advice on legislation both in an advisory capacity and as a member of various NZLS committees.
Tim has been involved with the Auckland District Law Society Incorporated committee drafting the standard form Agreement for Sale and Purchase of land and business and is currently the President of the Auckland Branch of the NZLS.
Partner, Rainey Law
Tim Rainey is a specialist commercial litigator who was admitted to the bar in 1992. Since then, Tim has gained extensive experience in all aspects of commercial and civil litigation. He is a highly skilled litigator with over 16 years’ experience in trial and appellate courts and specialist tribunals throughout New Zealand, as well as having extensive experience in conducting mediations and other forms of alternative dispute resolution.
Tim formed Rainey Law in 2009 after several years as a partner in one of New Zealand's leading commercial and construction litigation firms and, prior to that, many years’ experience working for a specialist insurance litigation firm providing advice to insurers on insurance policy wordings, policy response issues and acting for both insurers and insured on a wide range of claims.
Tim has a wide range of experience in all areas of commercial litigation but with a particular focus on building and construction disputes, commercial and contract disputes and insurance law. He is widely regarded as one of the leading practitioners in a specialist area of building and construction litigation. He has extensive experience in acting for plaintiffs and defendants involved in "leaky building" litigation and has particular experience in conducting complex proceedings on behalf of multi-unit developments.
Partner, Jones Fee
Philippa has been practicing as a commercial litigation specialist since 1980. She became a partner of the predecessor firm to Jones Fee in 1986.
Philippa regularly advises corporate clients in dispute resolution, litigation and provides commercial advice in New Zealand and overseas. Her particular areas of expertise cover insurance, corporate legal services and receiverships and insolvency. Philippa is a member of the Society of Construction Law and has been a very active member of the professional bodies associated with the insurance industry. In addition, Philippa regularly speaks to industry and professional groups on legal issues relevant to the commercial sector, such as risk management, liability of professional and company directors/officers, insurance law, and developments in the law (particularly tort law).
Senior Associate, Burton & Co