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 considered by the Supr...

 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 landlord....

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 cla...

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.

The latest edition...

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 Sydney) was initially e...

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 if the ...

We literally handle hundreds of sales and purchases of property each year, and whilst our main role is to guide our clients through the legal aspects of the transaction, there are often many non-legal questions that are raised by our clients.  Many of these questions are asked by different clients i...

It is imperative for both landlords and tenants that whenever a retail lease is being negotiated, any required amendments to terms of the lease that remain to be negotiated are brought to the other party’s attention so that they can be negotiated, and the documents amended to reflect the negotiated ...

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 with strict deadlines for providing various notices to their tenants.  It is therefore imperative t...

The following is a summary of recent the current state of the various Federal Government Schemes and Grants which apply to first home buyers as well as the recent HomeBuilder Grant scheme.

First Home Buyer Assistance Scheme (FHBAS) – more information is available here.

The FHBAS is a NSW Scheme de...

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 portion of the prop...

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, 5 an...