Blog

When is a property landlord ready, willing and able to settle the sale? lease property purchasing property selling property supreme court May 29, 2023

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...

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First Home Buyer choice - one-off or annually? first home buyer property purchasing property Dec 04, 2022

What?

On 11 November 2022, the NSW State government passed the Property Tax (First Home Buyer Choice) Act 2022 (“the Act”) which provides first home buyers with alternatives when paying stamp duty.

The Act provides first home buyers with the choice of either:

1. paying stamp duty at...

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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...

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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...

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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...

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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...

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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,...

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Dividing fence disputes dividing fences act (nsw) neighbours nsw civil and administrative tribunal (ncat) purchasing property May 05, 2020

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...

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Leasing and current market rent commercial lease lease property purchasing property valuation Mar 18, 2020

Does your retail or commercial lease provide for an increase with reference to a current market rent? We often have clients who approach us before they renew their lease, concerned about the increase of their rent, and unsure as to their rights regarding the valuation of a “current market...

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Avoiding issues with Loan Agreements between family members conveyancing act loan agreements property purchasing property Jan 22, 2020

A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares.

The plaintiff, Fabian’s brother, Sergio, sought orders for:

  • Possession of the land;
  • Judgment against the defendant (Mina) for approximately $145,000 (including interest);
  • Mina to...
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Do I have a Retail Lease? purchasing property retail lease retail leases act Dec 18, 2019

The key criteria to consider if you think you are entering into a Retail Lease

Retail Leases are governed by the Retail Leases Act 1994 (NSW) (‘the Act’) and are subject to different laws and regulations to standard Commercial Leases. It is important that you correctly...

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Off the Plan Contract Reforms conveyancing off-the-plan property purchasing property selling property Oct 30, 2019

New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence.

These impose further disclosure requirements on vendors selling off the plan properties and...

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