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...

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...

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...

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...

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,...

The main piece of legislation regarding the management of strata schemes is the Strata Schemes Management Act 2015 (NSW).  Time and time again, clients ask us about the rules for 2 lot strata schemes, and in particular, whether there needs to be an owners corporation and strata...

Overview

Wills and Estates can be a particularly complex area of law, especially where multiple family provision claims are being made.  In the case of Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713, a number of issues were raised including two family provision...

When an agent is entering into a contract on behalf of a company, all parties to the contract should take particular care to ensure that the contract is executed properly, making it legally binding and enforceable.  Particular attention should also be given to the agent themselves, as it is...

All business owners and agents must be careful when providing prospective purchasers with sales figures and other information, particularly where reliance will be placed on that information, without separate verification by the prospective purchaser. This issue arose in a December 2019 decision...

Both the NSW Civil and Administrative Tribunal and the Land and Environment Court commonly hear matters regarding dividing fence disputes between neighbours. The applicable legislation which regulates this neighbourly relationship is the Dividing Fences Act 1991 (NSW) (“the...

Case:

Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)

This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012.  At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings),...

Clients often require copies of documents to be certified as being true and complete copies of the original documents. In most instances, this certification can be performed by a Justice of the Peace –the JPs on the Shire Legal are Vicki Stokes and Shae Small.

Sometimes,...