Property

Property

Electronic Conveyancing – The Property World is Morphing

Like most other professions and industries throughout Australia and the world, digital transformation is the norm. Property transactions in Australia are not exempt and are converting (at an accelerating rate) to electronic conveyancing.   What is Electronic Conveyancing? Electronic conveyancing is where the sale of property, including exchange and settlement, is completed on an electronic

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Good things don’t always come in 3’s: Supreme Court of NSW Decision in Huang & Anor v Ceylan

It is, unfortunately, not an uncommon practice to see home units (and houses for that matter) advertised as having 3 bedrooms, when they were originally approved and constructed as 2 bedroom dwellings.  This practice leaves purchasers especially vulnerable if they have not done their due diligence. In the recent case of Huang & Anor v

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Co-ownership Agreements Tinder for Property – It’s a Match!

Owning your own home in Australia has long been the Great Australian Dream, however it is becoming a distant dream for many Australians. With wage growth close to the inflation rate, and the price of properties booming over recent years, many people can no longer afford to buy property on their own. Start-up “Kohab” launched

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Strata Building Bonds and Inspection Scheme: Will it work, the Experts are Skeptical!

The Strata Building Bond and Inspections Scheme (Scheme) commenced on 1 January 2018 and applies where a developer and builder enter into a contract from 1 January 2018. The stated purpose of the Scheme is to provide a mechanism to resolve building issues quickly and cost effectively and to increase consumer protection for owners in

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When does my development consent expire? What is “physical commencement” and why is it important?

“A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain… It adds value to the land. Hence the prospect of a consent lapsing is apt to engender dismay in the holder of the consent.” CJ Preston in para 1 Kinder

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Statutory Demands: What to do about post-judgment interest

A Creditor’s Statutory Demand (CSD) is a formal document which if in the proper form, and is served correctly, requires the company served to either: pay the amount demanded (which must be over $2,000) within 21 calendar days– otherwise the company will be deemed insolvent and could eventually be wound up and a liquidator appointed; or

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Thinking about helping your children buy a property? Read this…

   “One consequence of declining housing affordability is that young adults very often need and sometimes receive assistance from parents… The occasion for providing the assistance may be that the young couple is in or about to start a relationship”: Sackville AJA, Chaudhary v Chaudhary. This recent NSW Court of Appeal case involved a parent’s

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Unregistered Second Mortgages in NSW – To be avoided?

Non-bank lenders sometimes secure their loans via an unregistered second mortgage over real property, supported by caveat. In the event of a default, these mortgages are more difficult to enforce via a court action, as compared to a registered mortgage. Our view is that an unregistered mortgage should rarely be accepted by a lender as

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Maged Addresses Specialist Accreditation Conference

Last weekend, August 12th & 13th, our property guru Maged Jebeile was invited to be a guest speaker at the Law Society Specialist Accreditation Conference for Business Law, Property Law and Personal Injury. The conference is held every year with a range of speakers and is a great way for professionals to keep up to

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Selling or Leasing Your Property? Own a Pool? New Changes to Sale and Leasing Requirements of Properties with Swimming Pools

The laws regulating Swimming Pools in NSW have undergone a series of changes since 2012. Some key changes have included an obligation upon each owner to register their pool on a newly established online register of swimming and spa pools, the introduction of mandatory and periodic inspections by councils and new sale and leasing requirement

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Update on Retail Leasing – Maged Jebeile Seminar Presentation

One of our directors and Accredited Property Law Specialist, Maged Jebeile was invited to speak at a Property Law Conference hosted by the Law Society of NSW on 11 March 2016. Maged, along with other recognised property law speakers covered various topics regarding commercial property leases. Maged’s presentation addressed some upcoming reforms affecting  retail leasing

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Are you renting Retail premises ? Options for Renewal – Opportunity for tenant to determine current market rent early (Retail Leases Act 1994 – Section 32)

One of the most important issues for a tenant to consider before it enters into a lease is the rent payable for the term of the lease. What happens to the rent if you have an option to renew the lease?

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Our Director Maged Jebeile featured in October 2013 edition of The Law Society Journal

Our Director, Accredited Property Law Specialist Maged Jebeile is featured in the October 2013 edition of the The Law Society Journal. Click to read the full article.

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Proposed Strata Reforms for Keeping Pets

In June of this year, the New South Wales Minister for Fair Trading, Mr Anthony Roberts announced in parliament proposed strata reforms affecting pet ownership.

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