Sydney will be presenting a CPD seminar for UNSW Edge on 14th March 2024 titled The good, the bad & the ugly: the doctrine of benefits & burdens in property law”The seminar will explore the doctrine of benefits and burdens with respect to a recent NSW Court of Appeal decision and will address questions such as:

  • When must one take the good (e.g. the benefit of an easement) with the bad (e.g. a cross covenant to pay expenses)?
  • Where can easement disputes start to get ugly?
  • What is the effect of the recent decision of Aust-One Investment Pty Ltd  v New World Investments Pty Ltd [2023] NSWCA 22
  • What is the spectrum of factual scenarios in which this doctrine can potentially be applied in property law?
  • What is the status of the doctrine in Australia?

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for BenchTV in late February 2024 titled Flight or Fight: Wondrous and Strange Remedies for Purchasers off-the-planThe seminar will explore several topics with broad relevance to property practitioners, including:

  • The rule in Flight v Booth for rescission from contracts for the sale of land
  • Equitable relief for misrepresentation pursuant to Redgrave v Hurd
  • Statutory relief under the Contracts Review Act 1980
  • The Unfair Contract Terms regime in Pt 2–3 of the Australian Consumer Law, including recent changes starting 9 Nov 2023

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for the Law Society of NSW on 19 March 2024 as part of its Property law: One day intensive program. Sydney’s seminar, titled Litigating with Abandon: the obstacles to obtaining a declaration that an easement has been abandoned, will address the following topics:

  • Section 89 of the Conveyancing Act giving the Court power to declare easement abandoned or to modify it, and the related s 49 Real Property Act conferring analogous powers on the Registrar-General
  • When one pathway should be used over the other, and the rights to appeal from such decisions
  • General judicial attitudes to claims that an easement has been abandoned
  • Understanding the presumption that an easement is abandoned if it has seen no use for 20 years, and the type of conduct that constitutes “use”
  • A deep dive into recent cases by reference to sketches: Castle v Achdjian [2022] NSWSC; Sheppard v Smith [2021] NSWSC and on appeal NSWCA [2022].
  • The effect of Gan v Xie [2023] NSWCA as to “gist” evidence versus “direct speech” evidence in these types of matters

More information can be found at the LawInform web link below:

https://www.lawinform.com.au/blocks/androgogic_catalogue/view.php?id=2086

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for Legalwise on 6 March 2024 from 10:10 to 11:05 am, titled Air Space Rights, Crane Swing, Rock Anchors and Scaffold Access. The seminar forms part of Legalwise’s Property Law Conference, and will explore several topics with broad relevance to property law practitioners, including:

  • A summary of the law regarding air space rights
  • Entry into another’s airspace and trespass
  • Construction considerations: crane access and trespass issues
  • Reaching an agreement with neighbours regarding crane access and drafting a Crane Access License

More information can be found at the Legalwise web link below:

https://legalwiseseminars.com.au/course/?eventtemplate=3354-property-law-conference&event=11989

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for Legalwise on 4 March 2024 from 9:55 to 10:45 am, titled Stay, Just a Little Bit Longer: Was That a Termination?

The seminar forms part of Legalwise’s Contract Disputes Masterclass, and will explore several topics of general importance, including:

  • Termination for convenience clauses in commercial agreements
  • Cases where the agreement is silent on termination for convenience, or one party wishes to do so, whereas the other wishes the contract to endure
  • Whether a term can be implied allowing a party to terminate on reasonable notice (a “TORN” term)
  • Varying scenarios that arise in practice, drawing on case law from NSW, other Australian jurisdictions, and the UK

More information can be found at the Legalwise web link below:

https://legalwiseseminars.com.au/course/?eventtemplate=3364-contract-disputes-masterclass&event=12075

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting an online CPD seminar for the Television Education Network (TEN) on 23 February 2024 from 12:10 to 1:05 pm titled The Rights and Wrongs of Rights of Way: Insights from Recent Judicial Decisions Involving Easementsas part of its 18th Annual Property Law Conference.

With an emphasis on decisions in the Land and Environment Court, this session will examine a number of recent cases and developments, offering practical strategies into dealing with disputes of this nature, including:

  • The right to pass or repass and what it means
  • Why rights of way seem to generate so much emotion
  • What constitutes “reasonable use” or “unreasonable interference” when it comes to rights of way?
  • Consequences of the failure to recognise a right of way
  • Associated rights including reasonable repair and maintenance and costs
  • When might a right of way become obsolete or abandoned?
  • The process for removing a registered right of way
  • Creation of new rights of way and setting the terms
  • How can the terms of a right of way be changed?

More information can be found at the TEN web link below:

https://www.tved.net.au/conferences/splmar24/18th-annual-nsw-property-law-conference-online

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a series of three CPD seminars for Legalwise titled Easement Essentials. Each seminar will focus on one of his areas of expertise and extract relevant practice tips for property lawyers, planning lawyers and conveyancers.

The details for each session are below:

  • Tuesday 18 July, 1–2pm – Easements: The Most Important Easement Case You’ve Never Heard of
  • Tuesday 25 July, 1–2pm – Easements: Litigating Like a Person Possessed
  • Tuesday 1 August, 1–2pm – Easements: True Construction – What Does it All Mean?

More information, including booking details, can be found via the Legalwise Seminars web link below:

https://legalwiseseminars.com.au/course/?eventtemplate=2999-easement-essentials-series&event=11197

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.

We look forward to seeing you there.

Sydney will be presenting a CPD seminar for TEN (Television Education Network) on the 24th of February titled “Picking over the Bones of Recent Easement Cases”.

 

Easements continue to be grist for the mill in property law litigation. This session will examine in detail a number of recent judicial decisions on easements in NSW and their effect on both dominant and servient owners, including:

  • Rights of a dominant owner to maintain a carriageway
  • Evidentiary requirements for “track in use” cases
  • When can CCTV’s monitoring  an easement constitute an invasion of privacy
  • Can an easement be obtained via proprietary estoppel?
  • Considerations of the court in granting easements under s88K of the Conveyancing Act
  • Powers of the NSW Registrar General with respect to easements

 

The session will be run online from 10:05 – 10:55 am. More information, including booking details, can be found on the TEN website.

For some of Sydney’s other CPD seminars on easements, please see Seminar History.

We look forward to seeing you there.

Sydney is presenting a series of three CPD seminars with Legalwise in October titled “Easement Essentials Series 2: Over Lunch, Over 3 Weeks”. Each seminar will focus on an easement topic relating to Sydney’s practice:

 

 

The seminars will be offered online through Legalwise, both as a three-part series and individually. Please visit this link for more detailed information.

For some of Sydney’s property/conveyancing/easement CPD seminars, including last year’s Easement Essentials series, please see Seminar History.

We look forward to seeing some of you there.