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Live Webinars

Live Webinar: Special Conditions in Property Contracts: When “Standard” Deals Become High Risk

Most property contracts start with a standard form, but it is the special conditions that often determine the real outcome. Poorly drafted or misunderstood special conditions can shift risk, create ambiguity, or render key protections ineffective. This session examines how specia

Date/Time

 

Tuesday 15 September 2026
Vic, NSW, Qld, ACT, Tas: 11am to 12pm
SA & NT: 10.30am to 11.30am
WA: 9am to 10am

About the Webinar

Most property contracts start with a standard form, but it is the special conditions that often determine the real outcome. Poorly drafted or misunderstood special conditions can shift risk, create ambiguity, or render key protections ineffective. This session examines how special conditions operate across Australian jurisdictions, and where practitioners get caught out. It covers:

  • When special conditions override standard contract terms and how conflicts are resolved
  • Drafting risks that create uncertainty, unenforceability or unintended outcomes
  • Common high-risk clauses, including finance, due diligence, subject to sale and sunset-style provisions
  • Conditions that appear protective but fail in practice
  • Interpreting ambiguous or poorly integrated clauses in disputes
  • The limits of “subject to” clauses and when they do not provide real protection
  • Practical strategies for reviewing, drafting and advising on special conditions

Presented By

Mark Smith
Principal, Brander Smith McKnight Lawyers Sydney, NSW

Mark holds a Bachelor of Laws Degree and Bachelor of Science Degree.  Mark has also undertaken postgraduate studies and has obtained a Master of Business Administration Degree from the University of Sydney.

During Mark’s legal studies, he received two academic awards from The Sydney University Law Extension Committee for achieving first place in two subjects.

Mark is admitted as a legal practitioner in The Supreme Court of NSW and The High Court of Australia.

Mark is a highly experienced lawyer and has worked on a wide range of legal matters from international construction and infrastructure projects to small business and individual matters.

Mark practices in Commercial and Business Law and Building and Construction Law, providing advice on complex business transactions, business sales and purchases and civil litigation.  He has extensive court experience and regularly appears in the local, district and supreme courts. He is a powerful and extremely effective advocate both in the courts and during complex negotiations and difficult dispute resolution matters out of court.

Who Should Attend?

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

CPD Certificate

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]

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