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Recorded Webinars

Recorded Webinar: Split Payments and Deposits Post-Anwar: A Primer for NSW Construction Lawyers

Rising property prices in NSW means more consumers are seeking to effect payment of their deposit via split payments or EFT. While such requests are to be expected and may provide a practical solution, payments made this way can create a legal minefield when it comes to the sale a
PRESENTED BY Dominic Maley Partner - Maclarens Lawyers , Sydney

Date/Time

About the Webinar

Rising property prices in NSW means more consumers are seeking to effect payment of their deposit via split payments or EFT. While such requests are to be expected and may provide a practical solution, payments made this way can create a legal minefield when it comes to the sale and purchase of real estate – particularly when determining the status of money purporting to be a deposit. This session will look at:

  • The legal and practical issues which arise when deposits are paid via EFT and/or split payments
  • The enforceability of split payment clauses
  • The legalities of what is a deposit and the distinction between deposits and penalties following the recent decision of Retirement Village Bargo Pty Ltd v Anwar [2023] NSWSC 209
  • Practical tips to consider when it comes to drafting clauses dealing with the payment of monies for deposits

Presented By

Dominic Maley
Partner, Maclarens Lawyers Sydney, NSW

Dominic Maley has been practicing as a lawyer with Maclarens Lawyers since 2012.

Dominic is a sessional lecturer at the University of Western Sydney, where he lectures in Construction Law (postgrad) (course coordinator), Professional Practice and Building Law (postgrad), expert witness workshops in Construction Claims (postgrad), and Building Law (undergrad tutorials).

Dominic is also a Casual Academic at UTS, where he is the course coordinator and lecturer in Property Transactions (postgrad, online).

Prior to joining Maclarens, Dominic studied for 8 years full time and completed three degrees at the University of Sydney, being a Bachelor of Laws, Bachelor of Arts and Sciences with honours in history, and a Master of Laws.

Dominic has vast technical training in property law, commercial law and contract disputes, and has a strong interest in judicial decision making.

Dominic has built up a large practice in option contracts, conveyancing, easements, retail and commercial leasing, and property law related litigation.

Who Should Attend?

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

CPD Information

Lawyers can claim 1 CPD unit/point – 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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