Current Issues in NSW Property Development – a live lunchtime online conference

Online Conferences,Property Law,Current Issues in NSW Property Development – a live lunchtime online conference
Monday 12th October, 2020

11.30am to 2.15pm

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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Now You See Him, Now You Don’t: What to do When Your Builder Can’t Complete

As the once booming building industry starts to experience a downturn, more developers and builders are walking away from their contractual obligations. Governments are looking at reforms to the industry but, in the meantime, there are steps that can be taken to manage this stressful period for a purchaser faced with a half-finished property and a missing or insolvent builder. This session will look at:

  • Doing the due diligence – checking out the builder or developer prior to contracting
  • Tips on contracting terms for greater protection
  • Signs of distress and how to act quickly
  • Making a claim – against who and how? Statutory schemes and common law remedies
  • Dealing with claims by sub-contractors

Session 2: Falling Through the Cracks: Liability for Building Defects

The high-profile Opal Tower and Mascot Towers building failures and the issue of flammable cladding on buildings exposes shortcomings in the Australian construction industry, in particular the insufficient protections of owners and occupants. What can a prospective purchase do to protect themselves and what remedies are available for a person owning and/or living in a building which is considered to be unsafe or defective? This session will look at a number of issues, including:

  • Liability – who is to blame? Developers, builders or the deregulation of construction
  • Statutory and common law rights of owners, successors-in-title, tenants and short-term occupiers
  • The Home Building Act 1989 and builders’ warranties - when do they apply? Case studies including Ashton v Stevenson [2019] NSWCATAP 67
  • Remedial action and the role of insurers
  • What can be claimed by way of damages?
  • Managing cladding and other building safety concerns: options and responsibilities – remediation costs, registration, disclosure and levies
  • Bullet proofing the contract terms to minimise risk for the buyer
  • An update on the Opal Towers class action against the NSW Government
  • Planned “duty of care” reforms and the future regulation of the industry

Session 3: Can Neighbours be Good Friends? Where Planning Permission and Property Rights Collide

The property development boom and zoning changes have brought with them increasing complaints by neighbours of interference with property rights, ranging from overshadowing to noise interference, lost access to views and other restrictions to property enjoyment. This session will explore the common law position concerning traditional property rights, and the effect the granting of planning permission by statutory and other authorities has on those rights. In particular, the session will look at:

  • Trespass, nuisance and breach of covenant as enforceable property rights against developers and others
  • The intersect between planning law permissions and property rights
  • The rights of the aggrieved neighbour v the rights of the property developer: how can these be reconciled?
  • What remedies are available for -breach? Injunction and damages discussed.
  • A case study of Lawrence v Fen Tigers [2014] UKSC 13 and how the decision might be applied in Australia
  • The right to airspace: crane oversailing and the case of Janney & Ors v Steller Works Pty Ltd [2017] VSC 363
  • Overcoming conflict through statutory and other means - Access to Neighbouring Land Act 2000

Michael McMahon, Principal, M.E. McMahon & Associates (Chair)

Michael Terry-Whitall, Director, Chamberlains, Sydney

Helen Kowal, Partner, Swaab, Sydney

Sydney Jacobs, Barrister, Wentworth Chambers, Sydney

  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • The conference was well organised and the email links very useful.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units (substantive law).


If you register and pay by 25th September 2020 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email:

© Television Education Network Pty Ltd 2020

Product Code: OPNOCT20
 Price:   $0.00 (Inclusive of GST)