Recorded Interactive Webinar: Tony Cahill's 2026 NSW Property Law Update

Tony Cahill's 2026 NSW Property Law Update

1. 2026 Conveyancing Update: The New Contract, New Rules and a New Risk Landscape
2. Off-the-Plan Contracts in NSW: Reforming Sunset Clauses, Disclosure & Covenant Cleanup

Session 1: 2026 Conveyancing Update: The New Contract, New Rules and a New Risk Landscape

2026 marks a major reset for NSW conveyancing, with the NSW Government’s new Contract for the Sale of Land landing alongside sweeping legislative reform. This essential update session cuts through what’s changed, what really matters in practice, and where the new risk traps are emerging for property lawyers and conveyancers. You’ll get a practical, future-focused briefing on how to adapt your workflows, advice and documents for the new regime, including:

• What’s new (and what’s gone) in the 2026 Contract for the Sale of Land — and how it reshapes everyday transactions
• How the Conveyancing and Real Property Amendment Act is changing transaction procedures under flexible lodgement rules
• The expanded scope of s 88B instrument releases and how to deal with council and utility provider interests
• Updated service of notices requirements and the practical risks of getting them wrong
• The transformation of land title data access and what it means for searches, verification and due diligence
• How to update your conveyancing workflows and client advice to reflect the new contract and new statutory settings
• The redefined concept of “option”, capturing both options to purchase and options to compel purchase
• Why cooling-off rights have changed for put and call option purchasers — and how this affects structuring and advice
• Which vendor disclosure obligations now apply across different option arrangements under the revised framework

Session 2: Off-the-Plan Contracts in NSW: Reforming Sunset Clauses, Disclosure & Covenant Cleanup

Off‑the‑plan contracts remain a critical, but high-risk, vehicle in the NSW property market. A combination of indefinite sunset clauses, opaque timeframes, and outdated title restrictions has left buyers vulnerable and shaken confidence in new developments. This session unpacks the NSW Government’s proposed legislative reforms aimed at restoring balance and boosting market certainty through:

• Sunset clause reform: Making sunset clauses mandatory; expanding what constitutes a valid "sunset event" (e.g., development approval, land ownership)
• Caps and controls on extensions: Restricting the developer’s ability to unilaterally extend deadlines—and tying extensions to objectively justifiable reasons, with penalties for delays
• Visibility through milestones: Requiring developers to disclose construction progress and milestone statuses to buyers, improving transparency and enabling informed decision-making
• Caveats to protect purchasers: Proposals for a statutory mechanism to register a purchaser’s interest on title via a form of caveat once the contract is signed
• Removing outdated covenants: Streamlining the removal of obsolete restrictive covenants that hinder development—unlocking potential while reducing title burdens
• Accountability through penalties: Introducing financial consequences for developers who fail to meet contract deadlines, shifting the balance of power toward buyers
• Contextual insight on how these reforms may reshape contract drafting, settlement risk, and client advice going forward.