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Recorded Webinars

Recorded Webinar: Caveat Use and Abuse: Ethical Considerations for Practitioners (Ethics)

The complexities in identifying and describing a caveatable interest have long occupied the courts, and further complications have resulted from the move to electronic registration. This session will examine recent developments in caveat law and registration, with a focus on the e
PRESENTED BY Lee-Ann Walsh Barrister - Chalfont Chambers , Sydney

Date/Time

About the Webinar

The complexities in identifying and describing a caveatable interest have long occupied the courts, and further complications have resulted from the move to electronic registration. This session will examine recent developments in caveat law and registration, with a focus on the ethical challenges that can trip up practitioners. Key issues covered include:

  • What constitutes a “caveatable interest”? A review of the grounds for lodging a caveat and its intersect with ethical obligations
  • Understanding key professional obligations under the Electronic Conveyancing National Law
  • Lodging caveats wisely – the who, what, why and how
  • When to engage counsel to provide an opinion on lodging caveats
  • Ethical dilemmas: opting for an injunction over a caveat – navigating the way forward
  • Spotlight on:
    • Withdrawing a caveat without instructions
    • Terminating the retainer where a caveator will not take a practitioner’s advice
  • Making mistakes when lodging caveats - lessons from Brose v Slade [2022] NSWSC 1785; Giurgis v JEA Developments Pty Ltd [2019] NSWSC 164
  • Unpacking the disciplinary consequences for practitioners lodging and maintaining improper caveats over land
  • Recent examples, including:
    • Victorian Legal Services Commissioner v Souki
    • Youssef v NSW Legal Services Commissioner

Presented By

Lee-Ann Walsh
Barrister, Chalfont Chambers Sydney, NSW

Called to the bar in 2012, Lee-Ann has developed a diverse range of practice areas with a strong focus on real property and commercial law. She provides advice across a range of areas, appears in interlocutory and first instance hearings, as well as mediations and conciliation conferences. Since coming to the bar, Lee-Ann has also been led in the High Court in key property and commercial cases.

Lee-Ann is a frequent speaker at professional education events and is an adjunct lecturer at the College of Law. She is also the Editor of Hallmann’s Legal Aspects of Boundary Surveying.

Prior to being called to the bar, Lee-Ann worked in the legal publishing and policy fields and as an Associate in the NSW Court of Appeal.

Lee-Ann accepts briefs in all Australian jurisdictions.

Who Should Attend?

This webinar is suitable for lawyers practising in property law - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit - Ethics

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

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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