Wednesday, 8 October 2025
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
Lessons on Completion Risk for Conveyancing Practitioners from D Capital 2 Pty Ltd v Western and Mawson Parade Pty Ltd v Heald
D Capital 2 is a comprehensive decision, spanning over 300 paragraphs, and is a must-read for conveyancers and property lawyers. It offers recent, authoritative judicial examination of what happens when conveyancing transactions go wrong in a PEXA setting. Both it and Mason Parade offer insights into the duty of parties to
co-operate in a PEXA setting; and are amongst the few cases (and perhaps the only cases) that have considered that topic.
Gain practical lessons in managing settlement risks in a PEXA setting including:
- Consideration of the obligation of the parties to co-operate in good faith in the conveyancing process in a PEXA setting to facilitate completion
- Comparing and contrasting traditional paper settlements with PEXA processes and how co-operation failures can derail completion
- Consideration of when notices to complete may be ineffective
- The true construction of time stipulations in the standard form contract
- “Would have done” evidence in conveyancing litigation
Presented by Sydney Jacobs, Barrister, 13 Wentworth Chambers
Chair
Judy Bliss, Principal Licensed Conveyancer, Bliss Conveyancing
Presenters
Judy Bliss, Principal Licensed Conveyancer, Bliss ConveyancingJudy 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.
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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 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.
