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Recorded Webinars

Recorded Webinar: Beyond the Title: Litigating Proprietary Claims Against Real Property

Dealing with proprietary claims against property is hardly new, or indeed even novel, in property law practice. However, it can be easy to gloss over the finer details of the law for matters that appear to, on the face of it, to be run of the mill. But there is often more than mee
PRESENTED BY Sydney Jacobs Barrister - 13 Wentworth Chambers , Sydney

Date/Time

About the Webinar

Dealing with proprietary claims against property is hardly new, or indeed even novel, in property law practice. However, it can be easy to gloss over the finer details of the law for matters that appear to, on the face of it, to be run of the mill. But there is often more than meets the eye when it comes to such matters - even if that only becomes apparent as you are preparing your arguments for trial. This is certainly true when it comes to assessing proprietary claims against property in a litigation context. Using a detailed case study, this session explores proprietary claims against property and explore the answers to questions to frequently (and not so frequently!) asked questions including:

  • When would it be appropriate to make a proprietary claim against real property in litigation?
  • If you are going to make a claim, what is the nature or character of the claim?
  • What interim orders should you seek?
  • How should you frame your final relief sought?
  • How does the type of remedy sought impact on whether you go to the Federal Court (bankruptcy)?
  • When might leave be required (leave is dependent on whether the claim is proprietary in nature)?

Presented By

Sydney Jacobs
Barrister, 13 Wentworth Chambers Sydney, NSW

Sydney Jacobs is a barrister at 13 Wentworth Chambers and an accredited mediator, with additional credentials as a BarADR-accredited arbitrator and expert determiner. An LL.M graduate from Cambridge, Sydney maintains a dynamic commercial equity practice, with a strong focus on litigation and advisory work across property, partnership, corporate law, building and construction, and strata disputes.

He brings particular expertise to easement and covenant disputes, including matters involving both Torrens and Old System land. He is regularly briefed in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. His practice also covers restraint of trade, and disputes involving options, rights of first refusal, and notices to perform or complete.

Sydney was, for 20 years, the sole author of Commercial Damages and Injunctions: Law and Practice, and a contributor to Commercial & International Arbitration (all published by Thomson Reuters). His practice is informed by this foundation of academic rigour, and a commitment to practical, outcome-focused advocacy.

Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, multi-day hikes, photography, and exploring the arts.

Who Should Attend?

This webinar is suitable for lawyers practising in property law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

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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