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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 cla...

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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.

The latest edition...

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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 “fair go al...
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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 also be made by someone who i...

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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.  Sometimes the reverse...

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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 Sydney) was initially e...

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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 the personal guarantor wi...

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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 if the ...

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Case update - did the size relate to the duplex as a whole, or each residence within the duplex? A lesson in contractual drafting. conveyancing conveyancing act off-the-plan selling property supreme court Jul 13, 2022

Paolucci v Makedyn Pty Ltd [2021] NSWCA 215

In September 2021, the Supreme Court of New South Wales’ Court of Appeal dealt with a matter concerning a dispute between a property owner (Paolucci) and the developer (Makedyn Pty Ltd) regarding Paolucci’s large parcel in western Sydney which had been re...

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Purchase of Residential Real Estate by Foreign Investors australian taxation office (ato) foregin investment review board (firb) foreign investment purchasing property May 09, 2022

 The Australian Federal Court has issued the first penalty order for breaches of Australia’s foreign investment rules, resulting in $250,000 in penalties: Commissioner of Taxation v Balasubramaniyan [2022] FCA 374.

A foreign investor has been penalised for purchasing multiple properties in outer Me...

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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 a...

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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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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.