Category: Property Law

News

POSTED: 18 Dec 2019
The purchase of a property is usually one of the biggest purchases that most Australians make in their lifetime and this is why contracts for the sale and purchase of property are governed by strict statutory requirements. In particular, sections 23C and 54A of the Conveyancing Act 1919 require contracts for the sale and purchase of property to be in writing, however the recent case of Phung v Phung [2019] NSWSC 117demonstrates how an oral contract for the sale of property can also be enforced in certain circumstances.
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News

POSTED: 21 Nov 2019
Since 1961, Australia has adopted the ‘strata system’ for governing the ownership of a 'share' of a building or structure. Strata schemes (also known as ‘strata title’) allow for individuals to purchase and own a portion of shared residency, including residential townhouses, units and villas, along with commercial offices, factories, warehouses and shops.
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News

POSTED: 01 Aug 2019
As the NSW Land Registry Services (LRS) continues its on-going digital transformation of all property transactions, electronic leases or e-leasing can now be submitted through the property exchange platform PEXA. This means representatives of landlords and tenants now have the ability to prepare, sign and register most leases (some exceptions apply) electronically in NSW, over whole or part of a property. This addition will likely reduce the time it takes to register leases in NSW as well as promote the move towards the electronic signing of leases.
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News

POSTED: 30 Apr 2019
If you are a tenant leasing a retail space, particularly in a major retail complex, chances are your lease contains what is referred to as a ‘demolition’ clause. Clauses of these nature allow a landlord to terminate a retail lease in order to undertake demolition or substantial refurbishments/renovations to the retail premises. These clauses may contain provisions for the tenant to be moved to an alternate space, however they may simply bring the tenancy to an end upon the expiration of a requisite period of notice.
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News

POSTED: 04 Apr 2019
Did you know it is possible for you to become the owner of a property which is not yours? Although difficult to prove, ‘squatters rights’ (based on the principles of adverse possession which apply to old system land) allow someone to legally take ownership of land under Torrens Title if they can prove that they should be registered as the owner of the land.
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News

POSTED: 22 Feb 2019
Last week senior members of our Property Department attended a PEXA“Train the Trainer” seminar. PEXA (Property Exchange Australia) is the new electronic conveyancing platform linked to the NSW Land Registry Services system. It was an insightful two days of training.
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News

POSTED: 10 Dec 2018
A Notary is an officer of the law who is appointed for life by the Supreme Court and is given statutory powers to draw up, authenticate and execute documents for both national and international purposes. It is important to note that not all solicitors are public notaries but all public notaries are solicitors.
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News

POSTED: 06 Nov 2018
You save the money for the deposit, you have looked at the plans and decided this is the right purchase for you, you eagerly await the building of your new property and being handed the keys. However, the reality of this is that off-the-plan purchases do not always run as smoothly as Purchasers would hope.
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News

POSTED: 14 Sep 2018
As of the 1 January 2018, developers entering into a contract with a builder for work on a residential (including mixed use) strata scheme of 4 storeys or more, must lodge a building bond equal to 2% of the contract value of the work. The 2% bond is calculated on the final contract price for all applicable building contracts on completion of construction and must be lodged before an occupation certificate is issued, not at the start of the construction. Where there is no written contract for the building work, or the parties to the building contract are connected persons, the contract price is determined by a quantity surveyor who must not be connected to the developer or the builder.
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News

POSTED: 20 Jul 2018
The recent decision in the case of DGF Property Holdings Pty Ltd v D Federico; DGF Property Holdings Pty Ltd v Butros [2018] NSWSC 344 provides clarity and guidance as to when a court will consider it “just and equitable” to make an order allowing the vendor to rescind an off-the-plan contract with a sunset clause in accordance with section 66ZL of the Conveyancing Act 1919. It is clear from the facts of the case that the court will consider the impact on both the purchaser and vendor when making an order.
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