NSW Property Law: War Stories & Lessons in Practice – a recorded lunchtime online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online 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 and presentations.

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

THE PROGRAM

Session 1: Managing Changing Circumstances Between Contract and Settlement in Property Matters

What can go wrong between signing a contract and settlement? Turns out, quite a bit. While most settlements stay on track, there can be a significant change that will severely impact the transaction. This session will examine some of those circumstances and what steps property lawyers need to take to get back on track or head down a different path, including:

• What happens if one of the parties dies before completion?
• Where two parties own the property jointly, how will the death of one impact the sale?
• Can a purchaser be compelled to a complete the contract where time delays may be significant?
• Strategies for negotiating with vendors or purchasers in the event of death
• Loss of capacity due to illness or infirmity – impact on contract of sale and when powers of attorney can save the day
• What happens to a contract and deposit if the vendor or purchaser subsequently declares bankruptcy?
• Drafting special conditions to deal with death and other potential situations, including time extensions in such situations

Session 2: Put and Call Options: On the Rise But So Are the Risks

Put and call options are on the increase and can be a convenient way to delay payment of stamp duty. However, recent case law development has highlighted risks associated with their use. This session looks at the key issues, including:

• Put and call options in property transactions – when to use
• A review of ss66U and s66T of Conveyancing Act 1919
• Cooling off periods applying to purchaser/develop put option
• The return of option fees based on right to rescind – how is this possible?
• Protecting the vendor – obtaining purchaser signature on s66w certificate
• Key lessons from use of residential put options
• Case update, including BP 7 P/L v Gavancorp P/L [2021] NSWSC 265

Session 3: Recent Developments in NSW Easements and Restrictive Covenants

This session examines some recent case law developments in easements and restrictive covenants and the key lessons practitioners can learn from recent cases in these troublesome areas. It covers:

Easements

• Easements under S88K Conveyancing Act 1919 – some key essentials
• Application for easement and cost issues for applicant
• A review of recent NSW case law developments involving easements, including Aussie Skip Recycle P/L v Strathfield Municipal Council (2020) NSWCA 292

Restrictive Covenants

• Interpreting the restrictive covenant –consent not ‘unreasonably withheld’
• Is there an intersect between restrictive covenants and easements?
• Review of recent NSW case law developments for restrictive covenants, including The Owners Strata Plan 85044 v Murrell [2020] NSWSC 20