There are special rules that apply to commercial leases that fall within the definition of being a “retail lease”. Under the Retail Leases Act 1994 (NSW), landlords must, amongst other things, comply … [Read more...] about Retail landlords – know your obligations under the Retail Leases Act
Statutory Wills – for when testamentary capacity is lacking
Division 2 (in particular, section 18) of the Succession Act 2006(NSW) allows the Court to authorise wills to be made, altered or revoked for persons who do not have testamentary capacity , whilst … [Read more...] about Statutory Wills – for when testamentary capacity is lacking
The landlord’s responsibility to recover outgoings in a timely manner
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 … [Read more...] about The landlord’s responsibility to recover outgoings in a timely manner
ARE THE PROPOSED WORKS TO THE STRATA BUILDING CORRECTLY CLASSED AS REPAIRS, REPLACEMENT AND RENEWAL, OR AN IMPROVEMENT?
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 … [Read more...] about ARE THE PROPOSED WORKS TO THE STRATA BUILDING CORRECTLY CLASSED AS REPAIRS, REPLACEMENT AND RENEWAL, OR AN IMPROVEMENT?
WHAT ARE THE SPECIAL RULES FOR 2 LOT STRATA SCHEMES?
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, … [Read more...] about WHAT ARE THE SPECIAL RULES FOR 2 LOT STRATA SCHEMES?
How can an Agent validly sign a Contract on behalf of a Company?
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 … [Read more...] about How can an Agent validly sign a Contract on behalf of a Company?
INCORRECT SALES FIGURES AND OTHER MISREPRESENTATIONS IN A BUSINESS SALE
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 … [Read more...] about INCORRECT SALES FIGURES AND OTHER MISREPRESENTATIONS IN A BUSINESS SALE
DIVIDING FENCE DISPUTES
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 … [Read more...] about DIVIDING FENCE DISPUTES
DISPUTING A BURIAL PLOT LICENCE
Kovac v Chanak [2017] NSWSC 1023 (31 July 2017) The case 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 … [Read more...] about DISPUTING A BURIAL PLOT LICENCE
DOCUMENT CERTIFICATION, NOTARISATION AND LEGISLATION
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 … [Read more...] about DOCUMENT CERTIFICATION, NOTARISATION AND LEGISLATION