Live Webinar: When the Purchaser Doesn’t Complete: The Rights of Purchasers to Terminate or Rescind Contracts (NSW)


Date: Thursday 15th February 2018 – Online:
NSW: 11am to 1pm


Conveyancing transactions can sometimes go off the rails. In what circumstances can a purchaser validly rescind or terminate a contract? With the property market set to come off the boil, vendors are not taking termination lightly. This session examines the key issues:

  • Purchaser’s ability to rescind:
    • vendor failing to attach s52A documents
    • misrepresentation
    • breach of terms by the vendor – when is it a breach of an essential term?
    • breach of warranties
    • how can a purchaser rescind? - valid rescission notices
    • what is the effect of notice of rescission?
  • Off the plan contracts:
    • variations to the development – when will this create rights to rescind?
    • off the plan sales and the defaulting foreign purchaser
  • In what circumstances will the vendor or purchaser have rights to damages?
  • What happens to the deposit? Relief against forfeiture issues
  • Claims of repudiation
  • Recent cases
Our presenter

Sydney Jacobs, Barrister, Sydney

Sydney read for his LLM at Cambridge and was called to the Bar in 1997.

His commercial equity practice is centred on easement, real property, and construction disputes. Matters that have proceeded to final judgement this year are:  Little v J & K Homes Pty Ltd [2017] NSWCATAP 84,  a successful appeal on a point of law from a decision of a Member of NCAT in a building matter;  Spark Properties Pty Ltd v Christofaro & Ano [2017] NSWSC Equity Proceeding No 2017/064574 , a successful suit for specific performance of a contract for the sale of a development site in circumstances where a developer had obtained development consent. There was also a claim for relief against forfeiture. In Taste of Tuscany Restaurant Pty Limited v Papantoniou [2017] NSWSC 932 Sydney represented four of the six owners of a commercial building in circumstances where ToT alleged there was a lease. ToT's claim was dismissed.

He authors two loose leaf services published by Thomson Reuters, namely: Commercial Damages, and Injunctions: Law and Practice.


This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 2 CPD [CLE] units/points – substantive law.  This webinar has been designed to run for 2 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1.5 hours.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBPFEB18
 Price:   $253.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.