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Live Webinars

Live Webinar: Off-the-Plan Contracts in Victoria: Delays, Defects and the Right to Walk Away

Off-the-plan contracts are often entered into years before completion, with purchasers relying heavily on disclosure and developers retaining significant control over timing and design. When projects are delayed or change, disputes quickly arise — particularly around rescission ri

Date/Time

Monday 7 September 2026
Vic: 1.30pm to 2.30pm

About the Webinar

Off-the-plan contracts are often entered into years before completion, with purchasers relying heavily on disclosure and developers retaining significant control over timing and design. When projects are delayed or change, disputes quickly arise — particularly around rescission rights and “material changes”. This session examines how these issues are playing out in Victorian practice, with a focus on when a purchaser can walk away and where lawyers get caught out. It covers:

  • The operation of sunset clauses following recent reforms, and when delay may justify rescission
  • What constitutes a “material change” to plans and when it gives rise to a right to walk away
  • Vendor statement and disclosure obligations, including the consequences of defective or outdated information
  • The limits of contractual discretions and the extent to which developers can rely on broad variation clauses
  • How courts assess disputes involving delay, plan changes and purchaser prejudice
  • The practical realities of advising clients where legal rights and commercial leverage diverge
  • Common traps for practitioners acting for purchasers and developers in off-the-plan transactions

Presented By

David McKenzie
Special Counsel, FCW Lawyers Melbourne, Vic

David is an accredited property law specialist who has practised law for over 20 years, specialising in all aspects of property, owners corporation and building and construction law.

His cases cover the full range of property issues from neighbourhood disagreements over fences, disputes involving owners corporations and lot owners, to addressing defects in large scale property developments.

David’s experience includes:

  • disputes over easements
  • adverse possession
  • retail leases
  • fencing disputes
  • building disputes
  • owners corporation disputes.

He regularly represents clients in building litigation at the Victorian Civil and Administrative Tribunal (VCAT), Victorian Building Authority (VBA) and in the Magistrates Court, County Court and Supreme Court.

Property issues can affect almost anyone and David has helped a wide variety of clients including owners corporations, individuals and families, builders, developers, businesses and local councils.

David is the chair of the Owners Corporation Working Group and Deputy Chair of the Building and Construction Working Group. He is also the immediate past Section Chair of the Executive Committee of the Property and Environmental Law Section of the Law Institute of Victoria and the past chair of the Property Law Committee. David sits on the Contract of Sale Working Group which is responsible for maintaining the LIV Contract of Sale and the LIV Off The Plan Special Conditions.

Who Should Attend?

This webinar is suitable for lawyers practising in property law in Victoria. 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.

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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