Neglecting the intricacies of land law, forum selection, and jurisdictional issues can lead to legal dilemmas and missed opportunities. Without a clear grasp of title relevance to easement applications and court jurisdiction, your case could face unnecessary delays or even dismissal. Don’t limit your ability to obtain a favourable outcome for your client, instead, attend and navigate these complexities with confidence and clarity.
Description
This program is based on NSW legislation
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in August 2024
Special Considerations in Easements: Land Law, Choosing the Correct Forum and Jurisdictional Issues
Take a deep dive into both land law and jurisdictional issues pertaining to easements, trespass and nuisance.
- Considering relevance of the form of title to easement applications, i.e. whether Common Law or Torrens
- What is the appropriate court to approach and why?
- What jurisdiction does each of these courts relevantly have in easement, trespass and nuisance matters?
- A closer look at the jurisdiction of the District Court to grant injunctions against trespass and nuisance
- The intersection of cases relating to planes, cranes and a cavoodle called Oscar
- Analyse the tactical considerations in each forum choice, e.g. compensation & damages, whether expedition can be sought, and if so, how
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth
Attend and earn 1 CPD unit in Substantive Law
Presenters
Sydney Jacobs, Barrister, Thirteen Wentworth
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.
This seminar is part of a series
Easement Essentials
Without a solid grasp of easement fundamentals, you're bound to encounter legal roadblocks. Don't risk violating property rights or leaving clients vulnerable. Join us to decipher the nuances of easements, from identifying types to understanding court discretion. Don't overlook crucial avenues or tactics which could lead to delays and disruption or let land law complexities derail your case. Get ready to navigate land law's labyrinth and ensure legal success with this 3-part, 101 guide to easements.
Description
Attend the full series and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
