Description
Attend and earn 0.5 CPD hour in Substantive Law
This program is based on NSW legislation
Chair
Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing
Delivering Deeds in Escrow in Conveyancing Transactions: Can the Escrow Trump the Terms of the Deed?
From 2020, there have been cases in NSW, which have addressed the prickly issue of whether Deeds have been delivered in escrow. The mere fact that each party has the other’s signed counterpart does not in and of itself mean that exchange has occurred, if the documents have been provided subject to an escrow.
- Can a laconic email under cover of which a Deed is sent, lead to an escrow? How about a casual conversation between professional colleagues? Can that escrow trump the otherwise applicable rules as to exchange of counterparts?
- Can the escrow trump a clause in the Deed saying exchange is affected when the signed documents are provided to all parties?
- Can there be delivery of a Deed without handing it over, and can there be a handing over without delivery?
- What is the effect of delivery in escrow?
- How does this all differ to the operation of simple contracts?
- Consider the effect of these principles on contracts relating to development of land, including agreements for settlement of disputes relating to the sale of land
Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers
Presenters
Sydney Jacobs, Barrister, 13 Wentworth Chambers
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’s commercial equity practice spans property, partnership, corporate law, building and construction, and strata disputes. He brings particular expertise in easement and covenant disputes, including matters involving both Torrens and Old System land. Sydney also has extensive experience in leasing disputes, off-the-plan contracts, rescission, termination, specific performance, relief against forfeiture, and the recovery of deposits. Sydney advises on restraint of trade matters, as well as disputes involving options, rights of first refusal, and notices to perform or complete. Beyond his practice, Sydney is the sole author of two leading publications—Commercial Damages and Injunctions: Law and Practice—and was a key contributor to Commercial & International Arbitration (Thomson Reuters). Outside of work, Sydney enjoys time with family, competing in tennis, snowboarding, and exploring the arts.
Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing
Judy Bliss has been in the industry since 1984. She started Bliss Conveyancing when she saw the need for a conveyancing service that spoke plain English, not legal jargon. Her mission is to help people buy property with peace of mind for the future. Her professional experience is extensive, beginning in 1984 as Personal Assistant to the Chief Magistrate of NSW, then clerking at the Nowra Local Court and the Milton Local Court. She has been a Coroner, Registrar and Marriage Celebrant. Over 10 years ago, she earned her conveyancing license and entered legal private practice so that she could use her extensive legal experience to help people buy property. Judy is a current NSW State Representative in the Pexa Advisory Board.
