Property Law

27 03, 2020

Residential Tenancy Laws – NSW Emergency Measures Legislation Update

March 2020 | Scott Freidman  On Wednesday, 25 March 2020, legislation came into effect giving the NSW Parliament powers to make new laws concerning residential tenancies in NSW to urgently address the unfolding health and economic crisis caused by the COVID-19 pandemic. The name of this legislation is the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (COVID-19 Act). The COVID-19 Act is designed to enable the NSW Parliament to pass legislation urgently, as and when needed, to protect the

30 09, 2019

How to Avoid an Opal/Mascot Towers Debacle!

September 2019 | Margaret Rouen An Erskineville apartment block that was completed in April of 2018 is sitting empty following revelations that the developer didn’t properly clean up toxic land beneath the building. This is now the fourth block of units in Sydney that stand empty following structural safety concerns. NSW Greens MP David Shoebridge has described the properties currently in the news as “the tip of the iceberg.” As such, it remains high time for us to provide

24 04, 2019

Should My Lawyer Look Over My Lease?

April 2019 | Scott Freidman A lease is a legal document that governs the relationship between a landlord and a tenant for the occupation of premises. Leases are important commitments for both landlords and tenants because of the substantial cost of rent and outgoings, the duration of the lease term and the risk of financial penalties if a party breaches their obligations under the lease. Too often we deal with situations where parties default under a lease because they

31 01, 2019

New Rental Reforms to Protect Victims of Domestic Violence

January 2019 | Ariza Arif New tenancy reforms to improve the protections for victims of domestic violence living in a rented property will commence on 28 February 2019. Currently victims of domestic violence must give 14 days’ notice to break a fixed-term lease and face financial penalties for doing so. The changes mean that  victims will be able to break a lease without penalty. To end the tenancy in circumstances of domestic violence, the victim will need to give

20 12, 2018

If Your Child is Asking for a Loan, Don’t Break the Golden Rule!

December 2018 | Jonathan Harris If your child is in a state of financial need, it is understandable that you, as a parent, would want to help them. In recent times there has been an increase in the number of parents giving their adult children an “early inheritance” – that is, providing money to children before their wealth would otherwise have been distributed upon their death. However, these arrangements are not always as simple as

25 11, 2018

Squatters Rights: Developer’s Adverse Possession Trumps Descendants

November 2018 | Kieran Kelly Justice Darke was recently asked to decide the unusual case of McFarland v Gertos [2018] NSWSC 1629 involving a property at 6 Malleny Street, Ashbury. Henry Thompson Downie, the owner of the property, died in 1947, seemingly without leaving a will. Mrs Grimes, a tenant living at the property at the time of Mr Downie’s death, remained there until a short time before her death in April 1998. That same year, Bill Gertos, a

23 10, 2018

Understanding PEXA – Your Quick Guide

October 2018 | Margaret Rouen  “From 1 July 2018, standalone transfers, standalone caveats and Non-Authorised Deposit-taking Institution discharges, mortgages and refinances are moving online in New South Wales” - NSW Land Registry Services. PEXA stands for Property Exchange Australia Limited. It is the world’s first online lodgement and financial settlement platform. PEXA was formed in 2010 to fulfil the Council of Australian-Governments (COAG) initiative to provide a unified, national e-conveyancing platform for the Australian