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

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 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

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

Letter to Better Regulation Division, Dept of Customer Service - Building and Development Certifiers Regulation - 30 October 2019

Letter to Better Regulation Division, Regulatory Policy - Public Consultation on Design and Building Practitioners Bill 2019 - 15 October 2019

Letter to NSW Department of Customer Service - Property and Stock Agents Amendment Regulation 2019 - 2 October 2019

Letter to Independent Pricing & Regulatory Tribunal - Review of pricing framework for electronic conveyancing services in NSW - 18 September 2019

Letter to LCA - Review of the Intergovernmental Agreement for an Electronic Conveyancing National Law - Draft Report - 26 August 2019

Letter to Dept of Customer Service - Retirement Village Exit Entitlements Discussion Paper - 16 August 2019

Letter to Dept of Finance, Services & Innovation - Building Stronger Foundations Discussion Paper - 24 July 2019

Letter to ORG - Off-the-plan contracts - Conveyancing (Sale of Land) Amendment Regulation - 22 July 2019

Letter to Department of Finance, Services and Innovation - Draft Retirement Villages Amendment (Rules of Conduct for Operators) Regulation - 6 June 2019

Letter to Independent Pricing & Regulatory Tribunal - Review of pricing framework for eConveyancing services in NSW - 24 April 2019

'Letter to Law Council of Australia - Review of Intergovernmental Agreement for an Electronic Conveyancing National Law - 8 March 2019

Visit the policy submissions archive

2020 Committee list

R. Harvey (Chair), C. Huegill (Dep Chair), M. Andrews, A. Antony, D. Bluth, A. Cahill, A. Care, G. Channell, J. Crittenden, M. Devitt, D. Fitzclarence, J. Glowrey, R. Goncalves, M. Jebeile, G. Maksimovic, B. Malone (YL Rep), T. McKibbin, J. McMillan, G. Newton, M. Osborne, S. Pallavicini, P. Rosier, D. Skapinker, D. Stott, M. Swan, K. Tran-Tsai.

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.