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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 personally. This means the ATO i...
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.
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...
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 to make a Will (s1...
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...
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 levies.
Because of t...
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 claims, and whether a s...
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 importan...
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 by t...
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 Act”).
The main provisio...
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.
