31 Oct 2024
Illegal building works – the horror story edition
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 […]
Read the full story16 Oct 2024
Should 16-year-olds be allowed to vote?
For the first time, 16-year-olds in Europe were allowed to vote in the June 2024 election for the European parliament, and they turned out in droves. Where can 16-year-olds vote? Sixteen-year-olds can vote in a number of countries, including Argentina, Austria, Belgium, Brazil, Cuba, Ecuador, Ethiopia, Germany, Malta, Nicaragua and Scotland. Now there is a […]
Read the full story19 Sep 2024
Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?
The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
Read the full story31 Jul 2024
Tenant rights, rental increases and property repairs
There is mould creeping up the walls of the property you are renting. The kitchen ceiling is dripping. Loungeroom floorboards are broken. The bedroom window is smashed. The garden fence is falling apart. The toilet won’t flush and the shower is leaking. What are your tenant rights to get things fixed in the property you […]
Read the full story24 May 2024
Tougher penalties for environmental crime now in force in NSW
The recent discovery of asbestos-contaminated mulch across Sydney has highlighted the fact that NSW’s existing environmental laws do little to protect our surroundings from environmental crime and fail to deter would-be offenders and polluters. New legislation increases penalties for environmental crime Put simply, the existing penalties for committing an environmental crime in NSW were shamefully […]
Read the full story10 May 2024
Data collection by landlords – what can they legally ask a tenant?
With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]
Read the full story03 Apr 2024
Protect yourself against payment redirection scams
According to the latest figures from the Australian Competition and Consumer Commission, in 2022 Australians lost more than $3 billion to scammers, including losses due to payment redirection scams – and that is only the losses that were reported to the ACCC. How common are payment redirection scams? As house prices soar, scammers are employing […]
Read the full story29 Feb 2024
Court says coal mines can be approved without considering climate change
In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
Read the full story24 Jan 2024
“Is it legal for me to pump water from the river?” – laws governing water use in NSW
Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
Read the full story30 Nov 2023
How an emoji can land you in court
We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]
Read the full story19 Oct 2023
Trouble at the bank of mum and dad – the horror story edition on family loans
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 […]
Read the full story03 May 2023
Electronic signature needs to be seen when signing
Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]
Read the full story30 Mar 2023
“Rights of nature” redefining humanity’s place in the natural world
The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]
Read the full story22 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 […]
Read the full story01 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 […]
Read the full story01 Nov 2022
Bad short-term renters and hosts in NSW can now go on Exclusion Register
There is good news for neighbours of rowdy, poorly managed short-term rental accommodation in NSW, with a new Exclusion Register to prevent guests and hosts with two serious breaches of the Code of Conduct in a two-year period, from participating in the industry. What is the Exclusion Register? Since August 2022, bad renters and bad […]
Read the full story06 Oct 2022
Selling a property in NSW – the buyer, the seller, the lawyer and the real estate agent
Selling a property, or buying one, usually involves a buyer (purchaser), a seller (vendor), a lawyer (solicitor) or conveyancer, and a real estate agent. Each of these people has a role to play for the transaction to be completed smoothly, without unnecessary drama or grief. Problems can often arise when one of these people underestimates […]
Read the full story14 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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