News and resources

Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]

A Sydney property was bought in 1989. The buyer was unaware of a stormwater pipe that ran under the property.

The pipe was owned by the local council and had been in existence since about 1904. It had significantly deteriorated over time and had become blocked.

During heavy rainfall, the pipe was no longer effective to drain stormwater from the street. The backed-up water would pool until it inundated the property.

For a residential property sale to go as smoothly as possible for all parties, it is helpful for real estate agents to provide complete and accurate information to the lawyer (solicitor) or conveyancer who is handling the transaction. This article outlines some of these items. Sales process for residential property There is a normal sales […]

Working out who has to pay for repairs on a property may not always be straightforward. There are legal obligations on both parties – the tenant and the landlord – regarding the upkeep and repair of a property. However, it can still sometimes be ambiguous. Residential leases vs commercial leases Responsibility for paying for repairs […]

If you are selling or buying residential or commercial property in New South Wales, it is likely you will come across a release of deposit clause. What does this clause mean? And what risks does it present for the purchaser? What is a release of deposit clause? Generally, when a party enters into a contract […]

On 4 April 2019, a purchaser and vendors exchanged contracts for the sale of a residential property in Vaucluse, Sydney. The purchase price was $4,830,000 with a 5% deposit.

Special condition 38 of the contract provided that the deposit was payable in two instalments.

The first instalment of $150,000 was payable on exchange, while the second instalment of $91,500 was payable “on the 4th month after the contract date”.

When you appoint an Enduring Power of Attorney or an Enduring Guardian, you are trusting that person to do the right thing by you and your affairs when you no longer have the mental capacity to do such things yourself. But if that person does not work in your best interests, or does something that […]

Sometimes circumstances change and you may find yourself having to consider revoking a Power of Attorney or Enduring Guardian which you have made previously. This article outlines why you might consider revoking a Power of Attorney or Enduring Guardianship and how you go about doing so in NSW. What is a Power of Attorney? When […]

Part of a writing a will involves considering who you will appoint as executor to administer your estate after your death and to arrange your funeral and cremation or burial. (Please see What exactly do executors of wills do?) One of the questions we are often asked is whether it is beneficial or a hinderance […]

Having a power of attorney and an enduring guardianship is the basis of a solid estate plan. However, you hear so many horror stories about people abusing their position as attorney. Is it still a wise idea? In this article, experienced estate planning lawyers from Taree, Tweed Heads and Tamworth present a series of case […]

A husband and wife acquired a property in 1975.

The husband, a builder, built the family home on the property. He and his wife raised their five daughters there.

Subsequently, the husband and wife borrowed money to fund improvements to the family home.

In 2012 the husband developed a heart condition and retired from work. As a consequence, he and his wife could no longer meet their loan repayments, and the bank commenced enforcement action.

Two landowners owned neighbouring harbourside properties (Property A and Property B) in the eastern suburbs of Sydney. The properties were at the back of a larger block and were both accessed from the street by way of a long, narrow driveway. At the end of the driveway there was a wider area belonging to Property A on which two garages had been built side-by-side, a single garage and a double garage.

In 1990, an easement was granted in favour of Property B over an area approximately 3m x 16m in size, which comprised the single garage and the area immediately in front of it (“the easement area”).

An easement is a legal right to use someone else’s land for a specific limited purpose, most commonly in the form of a right of way or for services such as water or sewerage.

A law firm was negotiating with a landlord for the lease of office premises in the inner Brisbane suburb of Bowen Hills, in Queensland. In November 2010, the parties agreed a deal and the terms were recorded in two documents:

• A standard form lease for a term of seven years, with three options to renew. Rent was to be paid monthly and a signage fee was to be paid annually; and
• An incentive deed, by which the landlord offered several incentives to the law firm to secure the deal, including a contribution to the fit out of the offices and a three-year reduction in the rent and signage fees payable under the lease.

From 13 March 2018, all strata buildings in New South Wales must be fitted with devices that enable the maximum window openings to be no more than 12.5 centimetres. All owners corporations must now have devices installed on all applicable common property windows. The devices must be robust and child-proof. Window safety devices for common […]

There have been many recent changes to NSW property laws affecting conveyancing and real estate transactions. Some important changes are summarised below. Duty (formerly known as “stamp duty”) On 30 June 2017 the NSW New Home Grant scheme ended. That scheme provided a grant of $5,000.00 to purchasers of vacant land who intended to commence […]

Property developers and land bankers holding land for future development have had great difficulties obtaining exemption from land tax by using that land for primary production. Examples of these difficulties can be seen in the cases Leda Manorstead Pty Ltd v Chief Commissioner of State Revenue [2011] NSWCA 366 and Ferella v Chief Commissioner of […]