Contracts, Caveats and eCommunications: Demystifying the Complexities for NSW Property Lawyers - Recorded Online Conference

Our annual 2-day NSW property law conferences are among the most highly regarded professional development events we run, but we realise that not everyone can spare two days out of the office. So we’re offering you a new way to access the experts online – a half-day online conference, focused on procedural challenges facing advisors in property matters.

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

Session 1: Property Law Update: Unpacking the Recent Changes

2018 is shaping to be a big year for property law. This session will give you an overview of the key changes over the last twelve months. It covers:

• The 2018 edition of the Contract for Sale and Purchase of Land - key changes and interaction with earlier editions
• Implementing the GST residential withholding integrity measure
• Changes to the Conveyancing (Sale of Land) Regulation 2017 since its introduction
• EConveyancing - where are we up to?
• The impact of the 2018 Federal and State Budgets on conveyancing practice
• Strata renewal - adoption and the role of the Land and Environment Court
• Off the plan transactions - the developing case law, and foreshadowed further law reform
• Facilitating electronic contracts - the ORG discussion paper and any Government response

Session 2: Lodging a Caveat for All The Wrong Reasons

Do you know what a caveatable interest really is? If you think you do and lodge a caveat improperly you could find yourself slapped with an indemnity costs order. This session brings your professional skillset up to date and looks at the reasons for lodging a caveat, whilst ensuring that you don’t find yourself in a difficult situation. It covers:

• What is a caveatable interest? It’s not as simple as you might think
• What do you need to do as the solicitor? Understanding what you need to be satisfied of and how you get there
• Challenging a caveat – what is the process?
• Indemnity and personal costs orders
• The use of priority notices as an alternative – when should they be used?

Session 3: When the Purchaser Doesn’t Complete: The Rights of Purchasers to Terminate or Rescind Contracts

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