Reform and Recent Developments in NSW Property Law – a live lunchtime online conference

Online Conferences,Property Law,Reform and Recent Developments in NSW Property Law – a live lunchtime online conference
Tuesday 6th October, 2020

12 noon to 2.45pm
 

REGISTER NOW!
13 DAYS
UNTIL THE EVENT
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 ABOUT THE ONLINE CONFERENCE

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.

 THE PROGRAM

Session 1: The Rise and Rise of Electronic Contracts in Property Law

Parties in property matters are increasingly turning to electronic contracts and communications in property matters, particularly in light of the ongoing pandemic. However, when is a term negotiated by email binding on the parties? And, when does a typed name constitute a valid electronic signature? This session explores these issues, including:

  • Electronic Transactions Act and what can constitute a signature
  • COVID-19 measures
  • Sale of land and e-signatures
  • e-signatures and guarantees
  • Difficulties with electronic execution by corporations
  • Limiting / exemption clauses in an electronic context
  • The use of electronic deeds
  • What can you do to prevent email communications from being binding – drafting tips
  • The role of extrinsic evidence
  • Lessons from recent cases

Session 2: How Do I Get My Deposit Back? Contract Termination in a Volatile Market

Terminating a contract for the sale and purchase of real property may be fraught with difficulty, particularly in during these uncertain times. This session will examine a number of different contract termination scenarios and legal rights and remedies that follow. It covers:

  • Standard termination provisions in contracts of sale for real property
  • Repudiation and rescission
  • Negotiating extensions to a contract completion date and recent decisions of the courts
  • Sunset clauses and the ability of developers to terminate the contract – statutory rights and court decisions
  • Off the plan sales – can a purchaser refuse to complete for defects, misdescriptions or material changes?
  • In what circumstances will the vendor or purchaser have a right to damages or specific performance? Case study of El Ali v Tritton [2019] NSWCA 111
  • Forfeiture of deposits and other relief
  • Impact of COVID-19 on contract termination

Session 3: All for One and One for All? Negotiating Commercial and Retail Tenancy Breaches during the new Normal

The COVID-19 pandemic led to early intervention by the Federal and State Governments to manage leases impacted by the economic downturn. However, as the reforms come to an end, how should practitioners manage lease relationships during the new normal? This practical session examines the following:

  • The key elements of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 and the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19
  • Unwinding the reforms: preparing for the long road ahead
  • When can a lease be terminated?
  • Determining if there has been a breach
  • Requirements and process of the Notice commencing the termination procedure
  • How to balance commercial objectives, empathy and pragmatism to achieve mutually beneficial outcomes
  • Checking lease documents for risk and tips for minimising exposure
  • Opposed renewal – on what grounds?
  • Dealing with tenant’s assets
 THE FACULTY

Tony Cahill, Principal, Anthony F Cahill & Co, Sydney

Sara Hatcher, Special Counsel, Russell Kenney, Sydney

Gary Newton, Partner, HWL Ebsworth Lawyers, Sydney

Melissa Bush, Solicitor Director and Notary Public, Shire Legal, Sydney

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 FEEDBACK FROM PREVIOUS ONLINE CONFERENCES
  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • The conference was well organised and the email links very useful.
CPD CERTIFICATE

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law).

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: hayley@tved.net.au



© Television Education Network Pty Ltd 2020

Product Code: OPLOCT20
 Price:   $550.00 (Inclusive of GST)