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smoking on balconies, smoking, smoker, non-smoker, apartment, balcony, strata, Strata Schemes Management Act, common property, owners corporation, nuisance, hazard, health, tribunal
22 Feb 2023

Smoking on balconies and the law

Smoking on balconies is the cause of many apartment block disputes. Recently a non-smoking couple took their downstairs neighbours to court to prevent them from smoking on the balcony below. After a protracted dispute, the non-smokers won. Complaint that smoking on balconies affects health and wellbeing A Kingscliff couple took their smoking neighbours who lived […]
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raise the rent, rental increase, landlord, tenant, NCAT, lease, evict, eviction, month to month, negotiate, object, excessive, property, higher rent, rent
01 Dec 2022

How much can the landlord raise the rent?

With inflation pushing up interest rates and mortgage costs, many tenants are anxious that their landlord wants to raise the rent. It’s important for both landlords and tenants to know the law regarding rental increases. When can a landlord raise the rent? The landlord can’t raise the rent for tenants who are on a fixed-term […]
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forged his signature, property, house, contract, husband, wife, documents, agreement, verbal agreement, Family Court, partnership, real estate agent, forge, signature, transfer, proceeds, interest, fraudulent
27 Oct 2022

“Yes, I forged his signature on property documents, but the house was rightfully mine.” Which case won?

A husband and wife met in 1990. Two years later they married and bought a house, property P. They were described as tenants-in-common in equal share on the Torrens Title Register and the certificate of title. The husband was also owner of another property, property B.

The marriage was troubled and in 1999 the couple separated. They filed for divorce in 2000.

According to consent orders issued by the Family Court, the husband and wife would each be the sole legal and beneficial owner of one half of property P.

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vacant land, off the plan, Landcom, developer, subdivision, roads, builder, sunset date, construction, climate change, flood, flood prone, delay, council
14 Sep 2022

What you should know when buying vacant land “off the plan”

Many people dream of finding some vacant land and building a special home on it. But just as with buying an apartment “off the plan” in a yet-to-be-built apartment block, there are many factors to take into consideration and potential pitfalls to be aware of. What does it mean to buy vacant land off the […]
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verbal agreement, oral agreement, deposit, purchase price, contract, vendor, purchaser, 10%, 5%, ten per cent, five per cent, auction, cheque, dishonoured, bounced, mortgagee
08 Feb 2022

“The property vendor made a verbal agreement to accept a 5% deposit. Now they’re suing me for 10%.” Which case won?

The vendor listed a commercial property for sale in South Yarra, Victoria as mortgagee in possession. 

The vendor and purchaser entered into a written contract of sale on 24 February 2005 following a public auction of the property held that day.  

The written contract provided for a purchase price of $4,562,000, with a deposit of $400,000 payable on signing. The balance was payable 45 days from the day of sale, or earlier by mutual agreement. 

The purchaser provided the vendor with a deposit cheque for $400,000. 

Later that day the vendor’s agent banked the cheque with a request for special clearance.

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buying a home, buy a home, buying a house, buying a flat, buying an apartment, buying a flat, buying a property, buying a rural property, conveyancing
02 Dec 2019

What is the process for buying a home? – Simple guide and flowchart

Buying a new home or a property can be one of the most exciting events of your life. In an ideal world it would be as easy as simply finding the money, paying the owner and receiving the title of the property. Unfortunately, however, there are all sorts of pitfalls and possible traps that can […]
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