Blog

Do I need to disclose pre-existing termite damage to my home? property selling disclosure selling property Nov 23, 2015

Unfortunately it’s a fact of life that many houses in bushy areas, such as the Sutherland Shire, are subject to termite invasions. It is actually more common than not for homes in the Shire to already have pre-existing termite damage.

But what if the pre-existing damage is so substantial,...

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Registered a business name? Trade mark it! business name intellectual property trade marks Nov 04, 2015

Your right to use a particular business or product name typically requires an assessment of what business or product names your competitors are already using in the market for your particular product or service.  Similar names in the same market could create confusion or mislead/deceive...

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What can I do with my strata property? owners corporation property strata Oct 14, 2015

Unfortunately not all owners within a strata scheme are aware of their rights and obligations regarding strata ownership, which can lead to problems with other lot owners, the strata manager, and the owners corporation.

What does strata ownership involve?

Strata title refers to the type of...

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Should I have a corporate trustee for a family trust? corporate trustee family trust property trusts Sep 01, 2015

More and more clients are coming to Shire Legal to set up a family trust, usually on the advice of their accountant or financial adviser.  But this begs the questions – what is a trust?  And why is it recommended that you set up a company to run the trust?

What is a trust?

A trust...

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I am buying a unit. What does the term "strata" mean? owners corporation property strata strata scheme Aug 26, 2015

Strata title is a form of ownership used for multi-housing developments, such as:

  • units

  • townhouses

  • villas

  • detached dwellings within a defined area.

The strata plan divides the building(s) and the associated land into:

  • individual lots (owned by the various lot owners); and

  • common...

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Now that contracts are exchanged, can I start renovating? property purchasing property renovation Aug 05, 2015

Gaining access to your recently purchased property to commence renovations can provide you with an opportunity to save time before moving into your new home or alternatively, reduce any time your new investment property remains vacant. However, there are inherent risks involved and the potential...

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Does a disabled adult child have the right to claim against their parent's estate? contested will estate planning estates family provision succession act wills Jul 09, 2015

In the recent case of Baird v Harris, the Supreme Court of New South Wales certainly thought so.

This case concerned the estate of a deceased man who had 2 adult children, one of whom suffers from Autistic Spectrum Disorder.  The deceased’s estate...

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Have you got that sinking feeling? The natural right to support conveyancing act duty of care negligence property property boundary purchasing property Jun 24, 2015

In recent weeks there has been a story in the news about the evacuation of a unit block in Harris Park after a sink hole opened up alongside the building. The recent heavy rain combined with the flooded excavation site next door caused the wall of the excavated site to wash away to such an extent...

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The importance of requisitions on title when purchasing a property conveyancing act property purchasing property requisitions selling property Mar 13, 2015

As part of the normal conveyancing process, the purchaser will make enquiries with the vendor about the Title of the property.  These are referred to as “requisitions on title”.

The purpose of requisitions is to ask the vendor information which may...

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ACCC alleges misleading labelling by pharmaceutical company accc australian consumer law business false or misleading representations misleading and deceptive conduct product labelling Mar 09, 2015

The ACCC has commenced proceedings in the Federal Court against pharmaceutical giant, Reckitt Benckiser, alleging that it is making misleading claims that its various Nurofen products are able to target different types of pain – back pain, period pain, migraine pain and tension...

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Introducing the Food and Grocery Code of Conduct accc business code of conduct competition and consumer act food industry Mar 03, 2015

voluntary code of conduct for the food and grocery industry has been introduced under the Competition and Consumer Act 2010. The Code governs certain conduct by grocery retailers and wholesalers in their dealings with suppliers.

Only those retailers and wholesalers that have...

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New scheme to prevent subcontractor rip-offs building business fair trading phoenix activity subcontractor Dec 08, 2014

The NSW Minister for Fair Trading is expected to today announce a new trust fund scheme designed to prevent insolvent builders from keeping money that is owed to subcontractors after the job is completed.

The new retention trust scheme is the first of its kind in Australia, and was...

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