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The landlord's responsibility to recover outgoings in a timely manner business commercial lease lease outgoings promissory estoppel property restitution Aug 19, 2020

The responsibility for the payment of the costs of the water usage and electricity for a Kirrawee commercial property was the subject of a dispute dealt with by the District Court in 2017 – AAP Engineering Pty Ltd v Fernlog Pty Ltd [2017] NSWDC 141.

The tenant, Fernlog, leased a...

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Are the proposed works to the strata building correctly classed as repairs, replacement and renewal, or an improvement? conveyancing property proposed works purchasing property strata strata scheme supreme court Jul 27, 2020

Case:

Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425

Facts:

The matter related to a dispute between the lot owners of a strata title property at Point Piper in Sydney’s eastern suburbs regarding proposed works on the common property.

The plaintiffs between them owned Lots 3,...

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What are the special rules for 2 lot strata schemes? property strata strata scheme strata schemes management act (nsw) Jul 07, 2020

The main piece of legislation regarding the management of strata schemes is the Strata Schemes Management Act 2015 (NSW).  Time and time again, clients ask us about the rules for 2 lot strata schemes, and in particular, whether there needs to be an owners corporation and strata...

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Life estates and will disputes contested will estate planning estates family provision probate wills Jun 24, 2020

Overview

Wills and Estates can be a particularly complex area of law, especially where multiple family provision claims are being made.  In the case of Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713, a number of issues were raised including two family provision...

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How can an agent validly sign a contract on behalf of a company? agents business contract law corporations act Jun 15, 2020

When an agent is entering into a contract on behalf of a company, all parties to the contract should take particular care to ensure that the contract is executed properly, making it legally binding and enforceable.  Particular attention should also be given to the agent themselves, as it is...

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Incorrect sales figures and other misrepresentations in a business sale australian consumer law business business sale false or misleading representations misleading and deceptive conduct supreme court Jun 03, 2020

All business owners and agents must be careful when providing prospective purchasers with sales figures and other information, particularly where reliance will be placed on that information, without separate verification by the prospective purchaser. This issue arose in a December 2019 decision...

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Dividing fence disputes dividing fences act (nsw) neighbours nsw civil and administrative tribunal (ncat) purchasing property May 05, 2020

Both the NSW Civil and Administrative Tribunal and the Land and Environment Court commonly hear matters regarding dividing fence disputes between neighbours. The applicable legislation which regulates this neighbourly relationship is the Dividing Fences Act 1991 (NSW) (“the...

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Disputing a burial plot licence contract law deceased estate equitable estoppel estate planning estates Apr 15, 2020

Case:

Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)

This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012.  At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings),...

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Document certification, notarisation and legislation document certification international documents justice of the peace notary public Apr 07, 2020

Clients often require copies of documents to be certified as being true and complete copies of the original documents. In most instances, this certification can be performed by a Justice of the Peace –the JPs on the Shire Legal are Vicki Stokes and Shae Small.

Sometimes,...

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Leasing and current market rent commercial lease lease property purchasing property valuation Mar 18, 2020

Does your retail or commercial lease provide for an increase with reference to a current market rent? We often have clients who approach us before they renew their lease, concerned about the increase of their rent, and unsure as to their rights regarding the valuation of a “current market...

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Bank guarantee or security bond bank guarantee business commercial lease property security bond Mar 05, 2020

What is the best option when leasing commercial properties?

It is now standard practice when acting for landlords in commercial leasing, to request some kind of security from the tenant, typically a bank guarantee or security deposit in the form of a cash bond, and where applicable personal...

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In-N-Out Burger restaurant wins against Sydney burger chain in Federal Court federal court intellectual property misleading and deceptive conduct passing off trade marks Mar 03, 2020

With the emergence of several notable burger restaurants in Sydney and surrounds in the last decade, it has become important for fast food businesses to brand themselves in a way that makes them stand out, or to offer services which differentiate them from the other burger restaurants that have...

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