Easements and other rights of access are commercially valuable rights which allow the use and development of land for commercial purposes. This paper discusses contentious issues that arise in this area of property law.

Electronic execution of documents

This session will cover: 

• Electronic execution of deeds and agreements by persons and companies 
• Electronic execution processes and clauses 
• Practical issues for property practitioners

Practitioners should inform themselves of Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 which sets out the requirements for the four (4) mandatory CPD areas for NSW legal practitioners – (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law. It is the responsibility of each legal practitioner to self-assess as to whether a particular educational activity extends their knowledge and skills in areas that are relevant to their practice needs or professional development.

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

Join barrister Michelle Hirschhorn for a session discussing common property transactions where GST or CGT might arise. Learn more about the circumstances when GST and CGT might apply, and the practical and legal impact on the transaction. The session will also include looking through the lens of decided tax cases and tips on good record-keeping and evidence.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session will provide a comprehensive update of recent amendments to NSW Duties and Land Tax legislation, including the recent Budget announcements, as well as recent cases. This will include surcharge purchaser duty and surcharge land tax changes, the change in beneficial ownership provisions and the approaching principal place of residence exemption changes. A special focus will be paid to the exemption on the transfer of primary production property between family members, including the recent enhancements that Revenue NSW has made. 

This session was recorded on Friday, 11 October 2024 as part of the Rural and Private Practice stream at the Annual Conference 2024.

Join presenter Catherine Hallgath for a presentation covering the latest developments in leasing. Through an examination of recent cases, this session will ensure specialists are informed about the complexities that can arise in the course of leasing negotiations and agreements.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session was recorded on 19 March 2024 as part of the Property law: One day intensive - live webinar.

Litigating with abandon: the obstacles to obtaining a declaration that an easement has been abandoned, Sydney Jacobs, Barrister, 13 Wentworth Chambers 

In this session on easements, Sydney Jacobs will discuss:  

• Navigating section 89 of the Conveyancing Act 1919 (power of the Court to declare easement abandoned or to modify) and related section 49 of the Real Property Act (Power of the Registrar -General) 
• When to use one pathway other than the other ? What are the rights to appeal such decisions? 
• What is the general judicial attitude to claims that an easement has been abandoned? 
• The presumption in the above legislation that an easement is abandoned if no use for 20 years e.g. What type of conduct constitutes “use“? 
• Recent cases by reference to sketches: Castle v Achdjian [2022] NSWSC ; Sheppard v Smith [2021] NSWSC 1207 and on appeal to the NSWCA in 2022. 
• The effect of Gan v Xie [2023 NSWCA to “gist” evidence as opposed to “direct speech” evidence in these types of matters.

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

This session will review case law and cover:  

• how a lease proposal or Heads of Agreement documents the proposed commercial terms for a lease as well as the process and timeframes for negotiating and finalising the lease documentation;
• when lease proposals bind the parties in the context of being generally framed as non-binding and “subject to contract”, with only certain provisions being expressed to be binding on the parties;
• how effective lease proposals are in preserving a party’s right to withdraw from a transaction;
• key terms, non-binding and binding provisions; and
• how to make a lease proposal “Subject to Contract”.

For property lawyers advising on strata matters, the legal landscape is complex. Current issues and obstacles include the tension between the rights of owners and of owner corporations, the protection of the contracting interests of both purchasers and developers, and the state government’s push for high-density development. This panel discussion will highlight several critical issues for clients, including liability for costs in disputes; the right to access information; and rights in disputes involving neighbours. For solicitors, the panel will explore issues such as managing conflicts of interest in regard to client representation, and managing communication with strata committees. Have the recent legislative changes cleared a path to sustainable home ownership under the strata regime? Hear the panel's insights on this.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

How is climate change affecting the practise of law for property lawyers? How do you manage the risk of climate change? What does due diligence mean for the lawyer when climate change effects – current or potential – are factors in the lease or sale of land? How does past or potential flooding or fire impact on disclosure, zoning certificates and the development of land? What are the opportunities arising from the transition to renewables for property lawyers? This session will discuss how climate change is already impacting the profession, and what the future might look like for property law. Hear from speakers with backgrounds in agricultural leasing, renewables, conveyancing and the application of Division 7 of Part 3 of the Conveyancing Act 1919 (NSW), the Reconstruction Authority, water licensing and allocations, and climate change policy.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

Over the course of this session, The Honourable Justice Elisabeth Peden will discuss the latest case law developments in the Real Property List of the Supreme Court of NSW. This will include a consideration of topics such as to caveats, strata law and 88K easements.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

Join us online as we consider the latest moves in dispute resolution in the family law arena, including: how to bring the voice of the child safely into the Mediation space; the uptake of the Arbitration of family law property matters, and some leading cases; and the emerging practice of Parenting Co-ordination as an alternative to court proceedings. This session will contemplate ways in which the various dispute resolution options and processes can be utilised to achieve the best outcome for families after a relationship breakdown. Pencil this session into your dance card.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Family