More than Meets the Eye: Proprietary Claims Against Real Property in Litigation

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:

Always who is seeking what and why for each case…

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

For some of Sydney’s other CPD seminars including on easements, please see Seminar History.