Reform and Recent Developments in NSW Property Law – a recorded half-day online conference

Session 1: The Rise and Rise of Electronic Contracts in Property Law Parties in property matters are increasingly turning to electronic contracts and communications in property matters, particularly in light of the ongoing pandemic. However, when is a term negotiated by email binding on the parties? And, when does a typed name constitute a valid electronic signature? This session explores these issues, including: Electronic Transactions Act and what can constitute a signature COVID-19 measures Sale of land and e-signatures e-signatures and guarantees Difficulties with electronic execution by corporations Limiting / exemption clauses in an electronic context The use of electronic deeds What can you do to prevent email communications from being binding – drafting tips The role of extrinsic evidence Lessons from recent cases Session 2: How Do I Get My Deposit Back? Contract Termination in a Volatile Market Terminating a contract for the sale and purchase of real property may be fraught with difficulty, particularly in during these uncertain times. This session will examine a number of different contract termination scenarios and legal rights and remedies that follow. It covers: Standard termination provisions in contracts of sale for real property Repudiation and rescission Negotiating extensions to a contract completion date and recent decisions of the courts Sunset clauses and the ability of developers to terminate the contract – statutory rights and court decisions Off the plan sales – can a purchaser refuse to complete for defects, misdescriptions or material changes? In what circumstances will the vendor or purchaser have a right to damages or specific performance? Case study of El Ali v Tritton [2019] NSWCA 111 Forfeiture of deposits and other relief Impact of COVID-19 on contract termination Session 3: All for One and One for All? Negotiating Commercial and Retail Tenancy Breaches during the new Normal The COVID-19 pandemic led to early intervention by the Federal and State Governments to manage leases impacted by the economic downturn. However, as the reforms come to an end, how should practitioners manage lease relationships during the new normal? This practical session examines the following: The key elements of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 and the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 Unwinding the reforms: preparing for the long road ahead When can a lease be terminated? Determining if there has been a breach Requirements and process of the Notice commencing the termination procedure How to balance commercial objectives, empathy and pragmatism to achieve mutually beneficial outcomes Checking lease documents for risk and tips for minimising exposure Opposed renewal – on what grounds? Dealing with tenant’s assets THE FACULTY Tony Cahill, Principal, Anthony F Cahill Co, Sydney Sara Hatcher, Special Counsel, Russell Kenney, Sydney Gary Newton, Partner, HWL Ebsworth Lawyers, Sydney Warwick La Hood, Director, Australian Business Lawyers Advisors, Sydney - CPD Lawyers can claim up to 2.5 CPD units (substantive law)