Blog

  • Are You Tempted to Take a Sub-lease of Some Floorspace? Be Careful with Subleases!

    15 FEBRUARY 2021 COMMERCIAL & BUSINESS LAW PROPERTY LAW & CONVEYANCING

    You may be looking for premises and get offered some space available on a “sublease”. This is common at present because more businesses than ever have employees working remotely from home, and so they have too much floorspace. Subletting the excess space will allow them to recoup some rent during the balance of the term of their lease. Read more

  • Court Orders Person to Sell House After Divorce Settlement!

    15 DECEMBER 2020 FAMILY LAW & DE FACTO RELATIONSHIPS LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    A man and woman had been married to each other for many years. In 1997 a family home was purchased under the husband’s sole name. In 2000 the husband and wife separated, and the husband transferred half of the ownership of the home into his wife’s name. Following this, the husband and wife informally agreed that the husband would transfer his remaining one-half interest in the family home to the wife, making her the sole owner of the family home. Read more

  • Is Your Discretionary Trust Ready?

    01 DECEMBER 2020 WILLS & ESTATE PLANNING PROPERTY LAW & CONVEYANCING

    If you have a discretionary trust that holds (or may one day hold) real estate, then you need to be aware of a recent change in the law. Read more

  • Disputes within Strata Plans Are Best Resolved Informally!

    29 SEPTEMBER 2020 LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    The owners in a block of units in Manly faced a significant problem. All the residents’ mailboxes were located in a communal mail room. Each mailbox had a lock. The strata managers received reports of break-ins in the communal mail room by gangs stealing mail. The chairman of the owners’ corporation believed that as a result of residents’ failure to keep the mailboxes locked, criminal gangs were able to produce a master key. The chairman of the owners’ corporation emailed all residents asking them to make sure their mailboxes were locked. Read more

  • Think Carefully and Get Advice Before You Resort to a “Self-Help” Remedy to Your Property Dispute!

    08 SEPTEMBER 2020 LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    A few years ago, a builder purchased a property in a regenerated suburb. He intended to knock down the existing house and build on it a large new house for his family. Read more

  • New Defective Building Laws Come into Effect

    27 AUGUST 2020 LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    On 11 June 2020 the Parliament of NSW passed the Design and Building Practitioners Act 2020 which applies to building work, including residential buildings. The law was introduced following concerns raised about building defects and combustible cladding after reports of defects in high rise buildings. Read more

  • Strata Owner Wins Case But Forced To Pay Costs Of Owners’ Corporation

    27 JULY 2020 PROPERTY LAW & CONVEYANCING LITIGATION & DISPUTE RESOLUTION

    A man purchased one (1) car parking spot in a strata plan in Potts Point as an investment. Being close to the city, the car spot was highly valued, however getting a car into it required that the man drive over part of the common property, which was a garden. The owners' corporation did not approve of this and sought to prevent his movement over that part of the garden. This was first done by putting a metal chain across the edge of the garden, however the man removed the chain. In response to this, the owners' corporation decided to build a raised concrete garden bed to stop him. Read more

  • Termination of Commercial Leases: Is the coronavirus a sufficient cause?

    02 APRIL 2020 COMMERCIAL & BUSINESS LAW LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    With all of the lockdowns and restrictions caused by the coronavirus crisis, many businesses are struggling and monthly rent in the thousands or tens of thousands of dollars is often an expense they can no longer afford. The question then, is whether the coronavirus which has interrupted business revenue is also a sufficient reason for terminating a commercial lease or for the abatement or reduction of rent which would otherwise be payable. Read more

  • Accessing a "Landlocked" Property by Vehicle

    21 NOVEMBER 2019 PROPERTY LAW & CONVEYANCING

    Section 88K orders can be highly useful when dealing with properties with limited access. They provide a means to access the property where the owners of surrounding properties are not prepared to co-operate! Read more

  • Occupation of land may result in ownership of it!

    02 JULY 2019 LITIGATION & DISPUTE RESOLUTION PROPERTY LAW & CONVEYANCING

    If someone occupies your land without your permission, and you do nothing about it, you may lose your land. Read more