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First Home Buyer choice - one-off or annually? first home buyer property purchasing property Dec 04, 2022

What?

On 11 November 2022, the NSW State government passed the Property Tax (First Home Buyer Choice) Act 2022 (“the Act”) which provides first home buyers with alternatives when paying stamp duty.

The Act provides first home buyers with the choice of either:

1. paying stamp duty at...

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Providing accurate information when selling a business business business law business purchase business sale false or misleading representations misleading and deceptive conduct supreme court Dec 02, 2022

The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service...

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Attempting to sever a joint tenancy by relying on a Power of Attorney estate planning estates power of attorney property real property act Nov 10, 2022

If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power.  These issues, and more, were...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the...

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Why getting your full legal name correct is so important property property law selling property Oct 04, 2022

As you can imagine, when entering into a legal transaction, whether it be a lease, a contract or a Deed, it is vital that your correct legal name is used.

Whilst it might seem obvious, the reason for this is to ensure that the person named in the documents can be easily identified as the person...

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Changes to the Contract for Sale and Purchase of Land conveyancing property selling property Sep 15, 2022

The 2022 edition of the Contract for the Sale and Purchase of Land has just been released by the Law Society of New South Wales, with the amendments to the previous edition mostly prompted by the commencement of the Conveyancing (Sale of Land) Regulation 2022 on 1 September 2022.

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10 things you may not know about unfair dismissal business business law employee rights employment law fair work act fair work commission unfair dismissal Sep 10, 2022
  1. The laws relating to unfair dismissal attempt to balance the needs of the business and the needs of employees, and establish procedures for dealing with unfair dismissal that are quick, flexible and informal, and address the needs of employers and employees. The aim is to ensure that a “...
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When a de facto relationship exists - even though you don't live together de facto deceased estate estates intestacy succession act supreme court Sep 07, 2022

Not only can an estate challenge be made by someone who is a blood relative of the deceased (so long as they satisfy one of the categories of relatives set out in the definition of “eligible person”, as defined in section 57 of the Succession Act 2006 (NSW)), but it can...

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Standard form contracts - on your terms business business agreements business law business lawyer startup business unfair contracts Sep 07, 2022

Business to business contracts are often "standard form contracts", meaning that one party will have a pre-drafted the contract to make it easier and simpler (and often quicker) to provide the contract to the other party, such as contracts between a supplier and its customers. ...

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Alleged abandonment and obsolescence of a dunny lane easement easements property property boundary property law supreme court Aug 31, 2022

The Supreme Court Court of Appeal has handed down its decision in relation to an L-shaped easement, granting one property owner (#8) a right of way over the rear and side of the neighbouring property (#6) to enable access to the street.  This right of way in Birchgrove (inner...

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Signing on behalf of a company - be careful with personal guarantees business corporation guarantor Aug 17, 2022

If you’re a director of a company, you may very well have been asked to sign a personal guarantee, to guarantee the company’s obligations under a contract – for example, the payment of invoices to a supplier, or the payment of rent to a landlord.  Sometimes, the company and...

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Case update - what happens with the deposit when a vendor terminates the contract? conveyancing conveyancing act property purchasing property selling property supreme court Aug 10, 2022

Typically, when selling property, the deposit which is paid at the time of exchange is held by the deposit holder, usually the selling agent, until settlement has taken place, at which time it is released to the vendor.  In some instances, it may be released to the vendor prior to settlement...

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