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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 clients i...

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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 amended relevant pro...

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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 reflect the negotiated ...

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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 personally. This means the ATO i...

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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 October...

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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 tenants.  It is therefore imperative t...

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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 FHBAS is a NSW Scheme de...

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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 to make a Will (s1...

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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 portion of the prop...

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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, 5 an...

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What are the special rules for 2 lot strata schemes? property strata strata scheme strata schemes management act (nsw) Jul 07, 2020

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...

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Life estates and will disputes contested will estate planning estates family provision probate wills Jun 24, 2020

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...

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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.