When a mortgagee exercises the power of sale over a mortgaged property in New South Wales, they are bound by specific legal obligations to ensure fairness and transparency. Section 111A of the Conveyancing Act 1919 (NSW) codifies these duties, emphasising the mortgagee's responsibility to secure an ...

Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW) . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...

Commercial landlords face a variety of challenges when maintaining their properties. One of the most significant and recurring issues is the presence of mould and water ingress, which can cause health risks and property damage. These issues are especially pertinent in flood-affected areas, where moi...

In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and the ...

Property disputes between neighbouring landowners can often lead to complex legal battles. Such is the case with Hill v Wirepa, a dispute over access to rural land in Hastings Shire, west of Port Macquarie, New South Wales. This case revolves around allegations of trespass and misuse of property rig...

All legal dealings, especially when they are between friends and family members, should be documented - which will be helpful if a dispute ever arises (or even, as in this case, one of the parties dies and the family needs to understand the nature of the dealing).  The Supreme Court of New South Wal...

Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564

This matter concerned a lender seeking to recover the outstanding balance of a 2017 loan it made to the defendant, after the defendant made some repayments (including the net proceeds of the sale of the security property at Parramatta) but not ...

Imagine that you have just purchased your dream property, complete with a picturesque view of the harbour. Until one day, your neighbour directly in front of you decides it's time for them to expand their family, and so they build another storey on top of their house, effectively blocking your view....

With this new financial year 2023/24 comes changes to various schemes with Revenue NSW.  So if you're a first home buyer in particular, read on - the following changes apply to contracts that are exchanged on or after 1 July 2023:

1. First Home Buyers Assistance Scheme

The FHBAS grants exemptions ...

If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, ït was "ready, willing and able" to settle.  If it wasn't, then it cannot seek a remedy against the other ...

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were commenced by ProLen...

Jargo v Patterson [2022] NSW 1049

The transaction

The purchasers claimed that they entered into a valid and binding contract for the purchase of a property at Burwood in Sydney from the husband and wife owners for a purchase price of $4,507,000, however the owners denied that the alleged contract ...