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Can a landlord recover unpaid components of rent even though the invoices were incorrect? business lease outgoings supreme court Mar 17, 2022

Commercial landlords should ensure that invoices issued to tenants for rent and outgoing amounts include:

  • the correct GST component
  • any rent increases that are entitled to be charged
  • all outgoings that are entitled to be charged.

The invoices should also be issued in a timely manner and in...

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Shire Legal's Innovation Project Jan 19, 2022

Business innovation = new processes, ideas, services or products. Shire Legal’s innovation project – a new way of doing business – will be revealed on 2 / 2 / 22. Watch this space …

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Frequently Asked Questions about buying and selling property conveyancing faqs property purchasing property selling property Jan 12, 2022

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...

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Sexual harassment at work - now unlawful conduct business employee rights fair work act sex discrimination act sexual harassment unlawful conduct Jan 10, 2022

The “Respect at Work” legislation (Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth)) took effect on 10 September 2021, focusing on sexual harassment in the workplace and extending compassionate leave entitlements to include miscarriage. The legislation...

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Silence and a handwritten amendment to a retail lease disclosure statement australian consumer law business disclosure statement landlord lease misleading and deceptive conduct nsw civil and administrative tribunal (ncat) property retail lease retail leases act tenant Aug 11, 2021

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...

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How to avoid director penalty notices australian taxation office (ato) business corporations act director penalty notice estimate notice Jan 05, 2021

If you are a director or former director of a company and the company does not meet its pay as you go (PAYG) withholding, goods and services tax (GST) or super guarantee charge (SGC) obligations, the Australian Taxation Office (ATO) may recover those amounts from you...

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Acting under a Power of Attorney estate planning estates power of attorney real property act Nov 13, 2020

The Equity Jurisdiction of the Supreme Court handed down a decision on 23 October 2020 in relation to legal issues in the areas of Estate Law and Property Law. Several properties which are of importance in the case are located in the Sutherland Shire.

Guirguis v Girgis [2020] NSWSC 1468 (23...

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Retail landlords - know your obligations under the Retail Leases Act business landlord lease property retail leases act supreme court tenant Oct 27, 2020

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...

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Know your entitlements as a first home buyer or home builder conveyancing first home buyer homebuilder property purchasing property Oct 21, 2020

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...

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Statutory wills - for when testamentary capacity is lacking capacity estate planning estates family provision intestacy statutory will succession act supreme court wills Sep 08, 2020

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 they are still alive (s18(3)) – this includes a minor who does not have the capacity...

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The landlord's responsibility to recover outgoings in a timely manner business commercial lease lease outgoings promissory estoppel property restitution Aug 19, 2020

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...

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Are the proposed works to the strata building correctly classed as repairs, replacement and renewal, or an improvement? conveyancing property proposed works purchasing property strata strata scheme supreme court Jul 27, 2020

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,...

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