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As some people may be aware the government passed new legislation, the Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW), at the end of last year with the sole purpose of amending the Conveyancing Act 1919 (NSW) to prevent a developer from unreasonably rescinding an off-the-plan...
When there are drastic changes in the content of the will of a deceased just prior to their death, a number of potential issues arise which need to be addressed in the administration of the deceased’s estate. It is not uncommon for so called “deathbed wills” to be...
We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps...
As most people know, if there is a swimming pool on your property, then you are required by section 7 of the Swimming Pools Act 1982 (NSW) to ensure that the swimming pool is, at all times, surrounded by a child resistant barrier which complies with the Building Code of Australia as...
The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.
The Federal Court has just handed down...
With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? Does the vendor have to fix the damage? Do you have to settle?
It is a commonly held belief that if you die without a Will, your assets automatically transfer to the State. However, this is incorrect. It is only if you die without a Will and without any eligible relatives that your assets will transfer to the State.
Who are eligible...
Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.
- between January and...
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,...
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...
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...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.