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Recorded Webinars

Recorded Webinar: Tony Cahill's 2024 NSW Property Law Update

Session 1: Practice and Procedure in Conveyancing: Recent Developments in NSW Despite the slow-down in the property market, regulatory changes and other developments continue to keep the industry on its toes. This session will provide an overview of key legislation, cases and oth

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About the Webinar

Session 1: Practice and Procedure in Conveyancing: Recent Developments in NSW

Despite the slow-down in the property market, regulatory changes and other developments continue to keep the industry on its toes. This session will provide an overview of key legislation, cases and other significant changes, including:

  • Electronic conveyancing update including process changes and reform timelines
  • Update on interoperability - The politics of intervention and the impact of the Electronic Conveyancing (Adoption of National Law) Amendment Act 2022
  • The impact of anti-money laundering legislation on property transactions and industry players
  • An update on the strata legislation rewrite and introduction of amendments
  • Recent cases of interest

Session 2: Making the Deposit Count

Deposits are largely negotiable between sellers and buyers of property in NSW, and at a time of economic downturn the acceptance of greater risk in deposit terms can make or break a sale. This session will examine some of the choices each party has when it comes to payment and release of the deposit and the inherent risks, including:

  • The legislative requirements including minimum deposit amounts
  • What can go wrong will go wrong – cases and examples of deposit forfeiture and return
  • Instalment deposits pro’s and con’s
  • Why and when to use a deposit bond
  • Drafting tips for deposit contract conditions
  • Deposits in off-the-plan purchases
  • Factors influence the court discretion under s55(2A) deposit repayment
  • Cases including Luong Din Luu v Sovereign Developments Pty Ltd [2006] NSWCA 40; Ringrow Pty Ltd v BP Australia [2005] HCA 71; Blanco v Wan [2021] NSWSC 273; Retirement Village Bargo Pty Ltd v Anwar [2023] NSWSC 209; Dasreef Developments Pty Ltd v Josiv Velkovski [2017] NSWSC 1698

Presented By

Tony Cahill
Legal Author & Commentator, Chatswood, NSW

Tony Cahill was admitted to practice in 1981. After 13 years with a medium-sized city law firm, Tony commenced practice on his own account at Chatswood. In July 2002, Tony commenced a ‘sabbatical’ from private practice to concentrate primarily on legal education and writing.

He is a member of the Law Society’s Property Law Environmental, Planning and Development Committees. He has been a member of the Redraft Committees for the editions of the Contract for the Sale of Land since 1992, and the editions of the Contract for the Sale of Business since 2000.

In 1995, Tony completed the Property Agency TAFE course which was then the most usual educational qualification for holders of licences under the former Property, Stock and Business Agents Act 1941.

He was a co-author with Russell Cocks and Paul Gibney of the first NSW edition of 1001 Conveyancing Answers, and the co-author with Gary Newton of Conveyancing Service New South Wales and Annotated Conveyancing and Real Property Legislation New South Wales, both published by LexisNexis Butterworths.

Tony has been a part-time lecturer at the University of Technology, Sydney, in construction law, property transactions, legal studies, and real estate law, and has lectured at the Sydney and Northern Sydney Institutes of TAFE, the College of Law and the Law Extension Committee in various law subjects.

Who Should Attend?

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

CPD Information

Lawyers can claim 2 CPD units/points – substantive law

Enquiries/Assistance

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

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