Property

Law

Property Law

Click here to visit the Property Law COVID-19 FAQ
The Property Law Committee monitors all matters related to property law and represents the Law Society and its members on policy and practice issues arising from it. Our priorities include:

  • Developing and commenting on law reform and legal policy proposals (including preparing submissions, and liaising with government and other stakeholders in this process)
  • Educating the legal profession about changes to the law and the application of ADR, and providing guidance on practice and other issues
  • Exchanging information about issues arising in legal practice (such as recent case law) that may indicate a legal policy issue or concern

Learn more about committees
Current committee members
How to join a committee

Resources

Law Society retail and commercial leases

The new Law Society retail lease, and the Law Society commercial lease

Contract for the Sale and Purchase of Land

Summary of changes made in the Contract for the sale and purchase of land 2018 edition

Summary of changes made in the Contract for the sale and purchase of land 2017 edition (from 2016/17 edition)

Summary of changes made in the Contract for the sale and purchase of land 2016/17 edition (from 2016 edition)

Summary of changes made in the Contract for the sale and purchase of land 2016 edition (from 2014 edition)

Summary of changes made in the Contract for the sale and purchase of land 2014 and 2016 edition (from the 2005 edition)

Conveyancing Arbitration Rules

Conveyancing arbitration rules 2015

Copyright guidelines

Copyright guidelines for the contract for sale of land

Protocols and guidelines

Property guides

The following online resources provide guidance on buying and selling a residential property in NSW. 

Guide to buying a property

Guide to selling a property

Residential Conveyancing Protocol

Residential conveyancing protocol for solicitors and real estate agents
Conveyancing Dispute Resolution Scheme

The Property Law Committee is available to adjudicate on certain conveyancing disputes and provide the parties with a binding determination.

For more information on this impartial and authoritative alternative to litigation or arbitration, visit the Conveyancing Dispute Resolution Scheme.

Law Society Lease by Dennis Bluth and Michelle Wong

NSW stamp duty online calculator

Recent policy submissions

Letter to SIRA – Consultation paper on HBC construction type definitions – 13 September 2021

Letter to NSW Treasury – Property Tax Progress Paper – 30 July 2021

Letter to Department of Customer Service – Draft Community Land Management Regulation 2021 and Draft Community Land Development Regulation 2021 – 29 July 2021

Letter to Department of Customer Service – Draft Conveyancers Licensing Regulation 2021 – 20 July 2021

Letter to Law Council of Australia – Position Paper on Changes to Enforcement Powers in the Electronic Conveyancing National Law – 12 May 2021

Letter to Department of Customer Service – Statutory Review of the NSW Strata Schemes Laws – 6 April 2021  

Letter to NSW Treasury – Property Tax Proposal – 11 March 2021

Letter to Office of the Registrar General – Exposure Draft Real Property Amendment (Certificates of Title) Bill 2020 – 5 February 2021

Letter to NSW Department of Customer Service - Regulatory Impact Statement and Draft Design and Building Practitioners Regulation 2020 - 21 December 2020

Letter to Law Council of Australia - Model Participation Rules and Model Operating Requirements - version 6.1 - 28 October 2020

Letter to IPART - Review of the effectiveness and efficiency of the NSW Home Building Compensation Fund - Draft Report - 15 October 2020

Letter to SALRI – South Australian Law Reform Institute inquiry into Powers of Attorney – 26 August 2020

Letter to IPART - Review of NSW Home Building Compensation Fund - 1 June 2020

Letter to ATO - Draft Variation 2020-D1 - Withholding Foreign Resident Capital Gains - No Residue after a Mortgagee Exercises a Power of Sale Variation - 25 March 2020

Letter to Dept of Customer Service - Community Schemes Reforms - 26 February 2020

Letter to LCA - Model Participation Rules & Model Operating Rules v6 - 20 February 2020

Letter to Legislative Assembly Committee on Environment & Planning - Professional Engineers Registration Bill 2019 - 29 Jan 2020 

Visit the policy submissions archive

2021 Committee list

R. Harvey (Chair), C. Huegill (Dep Chair), M. Andrews, E. Ashley, A. Cahill, G. Channell, J. Crittenden, M. Devitt, E. Di Stefano (YL Rep), D. Fitzclarence, J. Glowrey, R. Goncalves, M. Jebeile, G. Maksimovic, B. Malone, T. McKibbin, J. McMillan, G. Newton, M. Osborne, S. Pallavicini, H. Robilliard, P. Rosier, D. Skapinker, D. Stott, M. Swan, W. Van Ede.

How to join a committee
Law Society Committees have powers, authorities and tasks delegated by the Council. Consisting of dedicated volunteers, each committee focuses on a particular area of law, pooling together specialist skills and experience in order to scrutinise legislation, court decisions and other government policies.
There are three broad categories of committees:

  • Regulatory committees – perform statutory duties under the Legal Profession Uniform Law (NSW)
  • Liaison committees – linked to other professions or organisations
  • Policy committees

By drawing on the insights of committees, the Law Society can meet its statutory duties and act as a major player in law reform and policy debates.

See the Law Society Committee webpage