Description:
Misrepresentation in conveyancing transactions
The recent Supreme Court decision of Keci v Barnes [2026] NSWSC 521 has received considerable publicity in the popular press, and highlights the possible consequences of a misrepresentation impacting a relatively routine (albeit high value) conveyancing transaction.
In this session Tony Cahill will review the legal principles and evolution of the law governing misrepresentation including:
* Misrepresentation as a vitiating factor
* The three "classical" classes of misrepresentation - fraudulent, innocent and negligent
* The development the concept of unconscionability - Amadio and beyond
* Statutory consumer protection provisions - the Contracts Review Act 1980 and the Competition and Consumer Act 2010
* When is silence actionable - estate agents and "material facts"
*The importance of establishing reliance
* Illustrations from the cases | 
