Property

Property

Commercial Tenancies The Retail and Other Commercial Leases (COVID-19) Regulation 2020 has now commenced

On Friday 24 April 2020 the long awaited Retail and Other Commercial Leases (COVID-19) Regulation 2020 was published on the NSW Legislation website and commenced on that day. The Regulation gives effect to the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 which was adopted by the National Cabinet on 7

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Can I sign my Will, Power of Attorney or Statutory Declaration Electronically?

On 22 April 2020 the NSW State Government enacted new regulations to allow for video conferencing technology like Skype, WhatsApp, FaceTime and Zoom to be used in the witnessing of important legal documents such as wills, power of attorney and statutory declarations. Welcome to witnessing by video conferencing.  How does this work? Attorney General Mark

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Commercial Tenancies: NSW Government Offers $440 Million Land Tax Break

NSW State Government is set to implement a $440 million land tax relief package as part of the national Code of Conduct proposed for commercial tenancies. The new land tax relief package is expected to be divided approximately 50-50 between the commercial sector and the residential sector. The measure will apply to commercial leases where

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Commercial Tenancies – COVID-19 Tenants: Prepare To Negotiate

On 7 April the Federal Cabinet has announced a mandatory Code of Conduct (the Code) for commercial tenancies to be implemented via legislation or regulation. We are waiting for the detail, but there are things tenants can be doing right now to prepare. To obtain rent relief under the Code for rent write-offs and/or rent

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Commercial Tenancies – COVID-19 – Prepare for your lease negotiations

After the National Cabinet on Tuesday 7 April 2020 agreed that States and Territories would implement a mandatory Code of Conduct (the Code), what should you as a landlord or tenant do now? Landlords and tenants should look to the principles of the Code to negotiate amendments in good faith to existing lease arrangements to

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National Cabinet Mandatory Code Of Conduct – SME Commercial Leasing Principles During COVID-19

PURPOSE The purpose of this Code of Conduct (“the Code”) is to impose a set of good faith leasing principles for application to commercial tenancies (including retail, office and industrial) between owners/operators/other landlords and tenants, where the tenant is an eligible business for the purpose of the Commonwealth Government’s JobKeeper programme. These principles will apply

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Commercial Tenancies – COVID-19 National Cabinet Mandatory Code Of Conduct

On Tuesday 7 April 2020 the National Cabinet agreed that states and territories would implement a mandatory Code of Conduct (the Code) via legislation or regulation as appropriate, to implement the principles agreed on Friday 3 April 2020. The purpose of the Code is to impose a set of good faith leasing principles to apply

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Commercial Tenancies – COVID-19 New Proposed Measures

On 3 April 2020 National Cabinet made further progress on the issue of commercial tenancies. They have agreed that a mandatory code of conduct guided by certain principles will be developed and subsequently legislated by State and Territory Governments to apply for tenancies where the tenant is eligible for the Commonwealth Government’s JobKeeper assistance and

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Commercial Leases – Rent and Eviction Moratorium

On 29 March 2020 National Cabinet agreed to a moratorium on evictions over the next six months for commercial and residential tenancies in financial distress who are unable to meet their commitments due to the impact of coronavirus. Commercial tenants, landlords and financial institutions are encouraged to sit down together to find a way through

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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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