Don’t let the removal of a caveat before a pending property settlement be the Achillies heel of your practice. Develop a sound knowledge of the procedure, relevant legal principles and harness your ability to make highly level forensic judgement calls under time pressure in this practical 1-hour session. When faced with real-world problems, ensure you’re able to consider the problems on both sides, ascertain caveatable interests and brief counsel effectively on urgent applications to maintain efficiency for your clients. WEB243N62Z
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
12.00pm to 1.00pm Caveats: In Focus
Work through a commonly encountered situation faced by property law practitioners, that being, where a caveat is required to be removed off title before an impending settlement. Usually, this requires parties to act swiftly to have the caveat removed (from the side of the registered proprietor) or kept on title (from the side of the caveator), meaning that one has to make high level forensic judgment calls under time pressure. Sound knowledge of the procedure and relevant legal principles is required.
Join for a detailed session as you consider the problem from both sides, that being from the caveator’s side and the registered proprietor's side. The facts will be tweaked throughout the session to consider different strategies that can be adopted.
- Should an application for the withdrawal of the caveat be made or a lapsing notice served?
- Practical considerations relating to moving on an application to extend a caveat/defending an application to withdraw a caveat, including drafting relief/orders, relevance of s 74O of the Real Property Act 1900 (NSW), is short service required? etc.
- Ascertaining the caveatable interest and issues relating to the balance of convenience
- Evidence to be marshalled upon such applications
- Substitute security: what is "sufficient substitute security” for a caveat and when to ask for/proffer such
- Compensation under s 74P
- Strategy to maximise chances of obtaining a favourable cost order
- Briefing counsel effectively on urgent applications and the role of an instructing solicitor in such applications
Presented by Vikram Misra, Barrister, Clarence Chambers
Presenters
Mr. Vikram Misra, Barrister,
Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Domestic Arbitration, International Arbitration and Security of Payment (NSW) and (SA) sections of the looseleaf Commercial Arbitration Law & Practice Service for Thomson Reuters. You may connect with Vikram via email counsel@vikrammisra.com or LinkedIn
