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Vendor’s obligation to make reasonable efforts to register plan
The recent Supreme Court decision of Actall Pty Limited v Pacific Bay Development Pty Limited [2005] NSWSC 1067 is a useful decision concerning the right to rescind in accordance with clause 28 of the 2000 standard form of contract.
Author: Louise Kirychenko
Firm: Australian elawyers
Date: November, 2005
Times viewed: 515
Proposed Changes to Retail Leasing Legislation
As expected, the changes proposed by the Retail Shop Leases Amendment Bill 2005 adopt principles and standards in Queensland that are already included in retail legislation in both NSW and Victoria.
Author: Christine Adamson
Firm: Allens Arthur Robinson
Date: August, 2005
Times viewed: 722
The Development Contributions Amendments to the Environmental Planning and Assessment Act 1979
The Development Contributions Amendments to the Environment Planning and Assessment Act 1979 and the related amendments to the Environmental Planning and Assessment Regulation 2000 commenced on 8 July 2005. The DCAs are significant and provide local councils with additional ways to manage the burden caused by development.
Author: Brian Glendenning
Firm: Harris Wheeler
Date: August, 2005
Times viewed: 958
Vendor Duty is to be Abolished
Vendor duty will be abolished from 2 August 2005, New South Wales Premier-elect Morris Iemma has announced.
Author: Matthew Stutsel
Firm: Freehills
Date: August, 2005
Times viewed: 579
Leasing Premises
Most businesses operate from leased premises. Unfortunately not all business owners enter into a lease arrangement with a full understanding of all the rights, and more importantly obligations covered in their lease.
Author: Tony Pattinson
Firm: Ferguson Cannon Lawyers
Date: July, 2005
Times viewed: 1358
Body Corporate Disputes
Owners of a lot in a community title scheme automatically become part of the Body Corporate, which must elect a committee to make decisions about financial management of the scheme and management of the common property. This is governed by legislation designed to provide clear guidelines on their rights and obligations.

Author: Byron Cannon
Firm: Ferguson Cannon Lawyers
Date: July, 2005
Times viewed: 1558
Landlords, Watch This Space!
Last Tuesday, the Minister for State Development and Innovation, Tony McGrady, introduced into the Queensland Parliament, the Retail Shop Leases Amendment Bill 2005 (the Bill) which, once enacted, will make significant changes to retail leasing laws in Queensland.
Author: Annette Greenhow
Firm: Michael Sing Lawyers
Date: July, 2005
Times viewed: 557
Landlord’s Duties to Ensure Tenancy is in Good Repair
A landlord has been found liable for a tenant's injuries caused by a rotted step on the rented premises.
Author:
Firm: Michael Sing Lawyers - Legal Solutions
Date: July, 2005
Times viewed: 974
Is a Queenslander's Home his Castle?
The Supreme Court of Queensland in Brisbane has confirmed that where reasonably necessary, the Court may order a landowner to give up rights to allow construction in an adjoining lot.
Author:
Firm: Michael Sing Lawyers - Legal Solutions
Date: July, 2005
Times viewed: 877
New Retail Legislation for NSW
The Retail Leases Amendment Act 2004 (NSW), which has now passed through all stages of parliament, will have an impact for landlords and tenants.
Author: Christine Adamson
Firm: Allens Arthur Robinson
Date: January, 2005
Times viewed: 1594
High Court Warns on Disclaimers
The High Court has delivered a warning that business must carefully consider the effect that representations made in advertising material have on the public, to avoid offending Section 52 of the Trade Practices Act 1974 (Cth). In addition, the Court has made it clear that disclaimers may not be relied on with impunity where corporations are otherwise in default of the Act.
Author: Andrew Nicholson
Firm: Mullins Lawyers
Date: December, 2004
Times viewed: 559
Secret Agents' New Code
Real estate agents are subject to new laws, which came into effect 1 September 2003. [Property, Stock and Business Agents Act NSW] Consumers buying and selling rural and residential property and agents include those affected.
Author: Jonathan de Vere Tyndall
Firm: Jonathan de Vere Tyndall
Date: September, 2004
Times viewed: 739
NSW Vendor duty & the principal place of residence exemption – a beast of deception …
Of the many exemptions available from vendor duty, the principal place of residence exemption is likely to be the one most commonly used by ordinary vendors. However, its sheer complexity and over-engineering will undoubtedly lead to it being misunderstood. The purpose of this discussion is to shed light on the scope of the exemption and (hopefully) reduce the level of misunderstanding.
Author: Luis Batalha
Firm: batallion legal
Date: August, 2004
Times viewed: 1421
Existing Use Rights
Existing Use Rights can be quite beneficial to developers, in that a non-conforming use (eg a Service Station in an area zoned residential) may be converted to another non-conforming use provided the original use passes certain tests.
Author: Brian Hones
Firm: Hones La Hood
Date: August, 2004
Times viewed: 1319
The Commissioner v Hart: A unanimous judgment for a split loan scheme
On 27 May 2004, the High Court delivered judgment in the much anticipated Commissioner of Taxation v Hart & Anor case. The High Court unanimously held in favour of the Commissioner of Taxation.
Author: Geoff McClellan
Firm: Freehills
Date: June, 2004
Times viewed: 766
Depreciation Allowance for Apartment Purchasers
Partner Tony Davies outlines what property developers should consider when selling apartments.
Author: Tony Davies
Firm: Allens Arthur Robinson
Date: June, 2004
Times viewed: 518
Funds Management - Real Estate & Superannuation
We look at rebate clauses in contracts of sale and depreciation allowance for apartment purchasers.

A recent decision by the Supreme Court of Queensland is of significant importance to property developers and investors entering into land sale contracts. Partner Tony Davies and Lawyer Jessica McKinnon report.
Author: Tony Davies
Firm: Allens Arthur Robinson
Date: June, 2004
Times viewed: 604
Major Land Rich Provisions Changes
Recent amendments to stamp duty legislation in several Australian states will have a dramatic impact on how business is done and on the property investment industry, as Special Counsel Anthony Johnston reports.

Author: Anthony Johnston
Firm: Allens Arthur Robinson
Date: March, 2004
Times viewed: 845
Retail Leases Act 1994 (NSW)
The Supreme Court takes a liberal approach to the meaning of 'premises' in deciding that footpath seating licences come within the Retail Leases Act 1994 (NSW).
Author: Elizabeth Hurn and Pip Barnes
Firm: Phillips Fox
Date: February, 2004
Times viewed: 1946
WA Property Update Stamp Duty
A number of significant changes to WA’s stamp duty laws came into effect on 1 January 2004. These changes cover a wide range of items. This update addresses those items relevant to the property industry in Western Australia.

Author: Peter Beekink
Firm: DLA Phillips Fox
Date: February, 2004
Times viewed: 1216
Bank not Obliged to Disclose Property Valuation to Loan Customers
The Federal Court of Australia has recently dismissed a claim by the ACCC that the Commonwealth Bank was obliged to reveal the contents of its valuation of an investment property to certain investment loan customers, or otherwise alert them that they may have paid too much for the property so that they might seek their own advice.
Author: Stuart O'Neill
Firm: Gilshenan & Luton
Date: January, 2004
Times viewed: 1173
Councils Beware! Brave New World looms for development appeals
The Chief Judge has announced to the Land and Environment Court Users Group the most radical reforms to the procedure for the preparation and hearing of Class 1 appeals since the Court’s inception. The reforms cover a wide range of matters with serious implications for the defence of Class 1 appeals.
Author: Ross Fox
Firm: Deacons
Date: December, 2003
Times viewed: 414
AACo's application to injunct the Stanbroke sale
The sale of Stanbroke Pastoral Company in September of this year and the subsequent application by Australian Agricultural Co to injunct the sale generated wide interest in the market. This article discusses the decision of the Federal Court not to intervene in the sale process.
Author: Melissa Atkins
Firm: Allens Arthur Robinson
Date: November, 2003
Times viewed: 612
Courts confirm extinguishment of native title by crown actions
When assessing the impact of native title on a proposed new project, an important first step will always be an assessment of whether or not native title has been extinguished over the area in question. Ben Zillmann looks at two recent Federal Court decisions that help give an insight into this issue.
Author: Ben Zillmann
Firm: Allens Arthur Robinson
Date: October, 2003
Times viewed: 542
Investors' Revenge
Loans that allow mums and dads to tap into their home equity have become a popular product over recent years.
Author: Justin Bates
Firm: Gadens Lawyers
Date: October, 2003
Times viewed: 441
Scope of Landlord’s Duty Revisited
On 3 July 2003 the NSW Court of Appeal revisited the principles elucidated in Jones v Bartlett regarding the scope of a landlord’s duty in delivering judgment in favour of a defendant in Ahluwalia & Ors v Robinson [2003]NSWCA 175.
Author: Bianca Samardzic
Firm: Moray & Agnew
Date: October, 2003
Times viewed: 405
New twist in a stair case
The NSW Court of Appeal has confirmed a Trial Judge’s finding against Defendant landlords for their failure to install a mid rail to prevent persons from slipping under the handrail of a stair, falling to the concrete below.
Author: Bianca Samardzic
Firm: Moray & Agnew
Date: October, 2003
Times viewed: 560
Pitfalls for a Passive Landlord
Two recent Court decisions1 have highlighted the potential hazards for landlords who do not ensure that their properties are properly maintained and do not pose a threat to tenants and their guests.
Firm: Hopgood Ganim Lawyers
Date: September, 2003
Times viewed: 507
Heritage buildings and development on adjoining land
The Planning and Environment Court gave judgment on 23 July 2003 in Urban Properties Pty Ltd v. Brisbane City Council [2003] QPEC 031, in which Hopgood Ganim acted for the Appellant.
Firm: Hopgood Ganim Lawyers
Date: August, 2003
Times viewed: 416
GST Ruling 2003/3 - sale of new residential premises
This article primarily focuses on what constitutes substantial renovations but will also look at the sale of residential premises that have not previously been sold as residential premises.
Author: James Moir, Simon Bennett and Trang Nguyen
Firm: TressCox
Date: August, 2003
Times viewed: 1374
Valuation of Business Goodwill for Compensation under the Public Works Act 1981(NZ)
As demands on public transport and other infrastructure increase, there is likely to be increasing use by local authorities and Requiring Authorities of the Public Works Act 1981 (NZ)(“PWA”) to obtain land for necessary public works. While these plans may mostly affect private landowners, more and more businesses will be affected by the need for land.
Author: Brian Joyce and Matthew Ockleston
Firm: Clendon Feeney
Date: July, 2003
Times viewed: 659
ACT Budget Announcement: Stamp Duty Changes
On 6 May 2003, the Australian Capital Territory (ACT) Treasurer, Ted Quinlan, delivered the ACT Budget 2003-2004 (Budget). The Budget proposed a number of changes to the stamp duty regime.
Author: Steven Stevens
Firm:
Date: May, 2003
Times viewed:
Commercial Tenancy (Retail Shops) Agreements Act Review
The report of the Review Committee on the Commercial Tenancy (Retail Shops) Agreements Act, which has been awaited with some interest by the retail leasing industry, is now published.
Firm: Phillips Fox
Date: April, 2003
Times viewed: 1158
Counterfeit Certificates of Title
Land and Property Information (LPI) has informed us of an increase in fraudulent Certificates of Title (CT). Six counterfeit CTs have been discovered in New South Wales so far and the LPI are concerned that an organised scam has been detected.
Firm: Phillips Fox
Date: April, 2003
Times viewed: 483
Retail leases - the new regime?
Although the new Retail Leases Act for Victoria is supposed to commence on 1 May 2003, there are still key features of the legislation that are uncertain.
Author: Campbell Paine
Firm: Phillips Fox
Date: April, 2003
Times viewed: 919
Your security - is the bank guarantee adequate?
Most landlords request security from a tenant – commonly this is provided by a bank guarantee.
Firm: Hopgood Ganim Lawyers
Date: March, 2003
Times viewed: 676
Shopping centre - trading hours and leases
Trading penalty clauses are not widely considered in many tenancy decisions, but nonetheless while many retail leases contain damages clauses there are questions about whether they can be applied.
Author: Dennis Bluth
Firm: Abbott Tout
Date: January, 2003
Times viewed: 597
Lease incentives and GST
Draft Goods and Services Tax Ruling 2002/D7 issued by the Australian Taxation Office on 30 October 2002 explains the ATO’s thinking on the GST treatment of inducements provided for a lease of commercial premises.
Author: Penel Snyman
Firm: Abbott Tout
Date: January, 2003
Times viewed: 847
Indefeasibility of title compromised by development consent
Most people are familiar with and take comfort from the underlying principle of the Torrens land title system namely, indefeasibility: apart from limited exceptions, a person with a registered interest holds that interest subject only to the other interests that are recorded on the title. A recent decision of the New South Wales Court of Appeal1. serves to illustrate that conditions attaching to development consents, although not recorded on title, can affect title and that Torrens title indefeasibility may be less comforting than was previously thought.
Author: John Taberner
Firm: Freehills
Date: November, 2002
Times viewed: 1348
Property Rights for Gay Couples’
In July 2001 the Federal Attorney General indicated that the Commonwealth Government intended to extend laws regarding property provisions to defacto couples. The Government sought that the States would refer their powers to deal with defacto property disputes to the Commonwealth in the same way that Victoria, South Australia, Tasmania and New South Wales referred parenting powers regarding ex-nuptial children to the Family Court of Australia.
Author: Jane Tynan
Firm: Middletons Lawyers
Date: October, 2002
Times viewed: 784
Consultation draft of cultural heritage legislation released
The Queensland Government has released consultation drafts of proposed Bills to protect Aboriginal and Torres Strait Islander cultural heritage. As Ben Zillmann and Cathy Atkinson explain, the Bills will increase measures to protect Aboriginal cultural heritage.
Author: Ben Zillmann and Cathy Atkinson
Firm: Allens Arthur Robinson
Date: September, 2002
Times viewed: 682
The High Court speaks on Native Title
The High Court has handed down its decision in two significant native title cases: Western Australia v Ward [2002] HCA 28 and Wilson v Anderson [2002] HCA 29.
Author: Tony Wassaf
Firm: Allens Arthur Robinson
Date: August, 2002
Times viewed: 755
Overturning "Absurdities" in Agreements
When can a clearly stated provision in a legal agreement be rewritten to give it a different meaning?
Author: Colin Windeyer
Firm: Henry Davis York
Date: August, 2002
Times viewed: 617
"Unconscionable Conduct " by Landlords Under Leases
The use of section 51AC of the Trade Practices Act against landlords.
Author: Colin Windeyer
Firm: Henry Davis York
Date: August, 2002
Times viewed: 716
Access to Neighbouring Land Act
An outline to the provisions of the Access to Neighbouring Land Act 2000.
Author: Construction Practice Group
Firm: Henry Davis York
Date: July, 2002
Times viewed: 1001
The Last Word on Sale and Leaseback?
High Court rejects application by Commissioner of Taxation for leave to appeal decision in Metal Manufactures and Eastern Nitrogen.
Author: Craig Milner
Firm: Corrs Chambers Westgarth
Date: July, 2002
Times viewed: 766
Privacy
The Residential Tenancies Act 1997 states that you have a right to 'quiet enjoyment' of your rented home. The landlord, agent or anyone acting on their behalf (eg tradespeople) do have some rights of entry, but they must meet with certain requirements. If they do not meet these requirements, you do not have to let them into your home.
Date: June, 2002
Times viewed: 475
Dealing with body corporates
An overview of how to deal with Body Corporates.
Date: May, 2002
Times viewed: 649
Avoiding eviction for rent arrears
If you do not pay your rent on the day it is due, you will be in arrears. If you are unable to make a payment, contact your landlord or agent as soon as possible and tell them when you'll be paying.
Author: Tenants Union of Victoria
Date: April, 2002
Times viewed: 654
Bonds
A bond is a security deposit (usually one month's rent) paid by you to the landlord or agent at the start of the tenancy. It is designed to act as security for any damage to the property, or for unpaid rent.
Author:
Date: April, 2002
Times viewed: 527
Eviction
A landlord cannot legally evict you without first obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict you from the property. The eviction must always be carried out by the police; the landlord cannot evict you themselves.
Author:
Date: April, 2002
Times viewed: 677
Notices to Vacate
If the landlord wants you to move out of the property, they must give you a valid Notice to Vacate. There are various reasons why your landlord can give you a Notice to Vacate and the length of the notice period (ie 14, 60 or 90 days) will depend on why the landlord is giving you notice.
Author:
Date: April, 2002
Times viewed: 1099
Starting a tenancy
This article explores the following aspects of starting a tenancy: Budget, Rental property applications, Credit reference checks, Tenancy databases, Application deposits & illegal charges, Tenancy agreements, Documents & information, and Rent & bonds.
Author:
Date: April, 2002
Times viewed: 546
The Tribunal
The Victorian Civil and Administrative Tribunal (Residential Tenancies List) resolves disputes between landlords and tenants. It is not a court, but it is able to make decisions that can be legally enforced. It is intended to be informal and cheap, and to resolve disputes quickly and fairly.
Author:
Date: April, 2002
Times viewed: 434
Utility charges
Services to your home such as electricity, gas, oil, water and sewerage are called 'utility' services. This Fact Sheet explains your responsibilities for connecting and disconnecting these services. It also explains which costs are your responsibility, and which costs are your landlord's responsibility.
Author:
Date: April, 2002
Times viewed: 515
Anchors away?
Leases often provide that landlords can refuse consent to assignment, where the assignee has inferior trading ability. Is this inconsistent with a landlord’s statutory obligation not to unreasonably withhold consent? Matthew Raven looks at a recent NSW decision which considered this point in the context of the Franklins sale.
Author: Matthew Raven
Firm: Allens Arthur Robinson
Date: March, 2002
Times viewed: 662
Mortgagees Selling to Themselves
A recent decision of the NSW Supreme Court1 suggests that in an appropriate case the Court may sanction a sale by a receiver and manager to the appointor. This may be an appropriate option where after a diligent assessment of the position an attempt to find buyers is unsuccessful. In particular the decision considers whether the principle applies when a receiver enters into an agreement under which a mortgagee and related parties acquired an option to purchase secured property.
Author:
Firm: Deacons
Date: March, 2002
Times viewed: 493
Leasing
The Full Federal Court this month rejected the ACCC’s appeal against a decision1 that a landlord who insisted on $70,000 to renew a lease had not acted unconscionably. Matthew Raven and Bryan Horrigan look at this latest instalment in the evolution of unconscionable conduct in the Trade Practices Act.
Author: Matthew Raven and Bryan Horrigan
Firm: Allens Arthur Robinson
Date: March, 2002
Times viewed: 632
Order granted restraining secured creditor from selling property
This takes a close look at the case of Fekala Pty Ltd v Cenbond Pty Ltd, which involved an application under s441D CL to restrain a sale by a secured creditor/
Author: edited by John Warde
Firm: Allens Arthur Robinson
Date: March, 2002
Times viewed: 617
Planes, Trains and Automobiles - Recovering Leased Property
This provides an in depth discussion of the case, Intrepid Aviation Partners VII LLC v Ansett Australia Limited (administrators appointed). It looks at Section 440C CA in consideration of the Court's discretion to allow repossession of leased property in the possession of a company under administration.
Author: edited by John Warde
Firm: Allens Arthur Robinson
Date: March, 2002
Times viewed: 656
Queensland home buyer's concession
An introduction to the new regime for the purchase of land in Queensland. From March 2002 the stamp duty system in Queensland will be more user-friendly.
Firm: Boulton Cleary & Kern
Date: January, 2002
Times viewed: 2761
Real estate and superannuation: leasing
Landlords become liable to pay GST on pre-GST leases once a ‘review opportunity’ (usually a market review) occurs. Allens Arthur Robinson Senior Associate Matthew Raven looks at a recent NSW case about how valuers should treat GST and the difficulties in challenging the valuer’s determination.
Author: Matthew Raven
Firm: Allens Arthur Robinson
Date: December, 2001
Times viewed: 542
Unconscionable conduct by landlords under leases
The Australian Competition and Consumer Commission has been vigorously pursuing landlords whom it believes have acted unconscionably against their tenants.
Author: Colin Windeyer
Firm: Henry Davis York
Date: November, 2001
Times viewed: 629
Property Agents and Motor Dealers Act (Qld): Disclosure, Cooling-Off and Marketeers
This article looks at the significant amendments made to the Property Agents and Motor Dealers Act - includes a discussion of increased disclosure requirements; extension of the cooling-off period and increased powers to the governing Tribunal.
Author: Sharon Christensen and William Dixon
Date: October, 2001
Times viewed: 792
The Victorian Civil and Administrative Tribunal
A discussion of how the Victorian Civil and Administrative Tribunal (Residential Tenancies List) has replaced the Residential Tenancies Tribunal as the body that resolves disputes between landlords and tenants. Includes an outline of the decisions that can be legally enforced and the Tribunals intention to be an informal and cheap forum, able resolve disputes quickly and fairly.
Author:
Date: October, 2001
Times viewed: 1788
New commentary on Strata Schemes Legislation Amendment Act NSW 2001
A subscription service from LawBook Co which assists practitioners to navigate the complex area of strata development.
Author: Michael Padarin of Thomson Legal & Regulatory
Date: September, 2001
Times viewed: 762
Conveyancing practice and the new Property Agents and Motor Dealers Act 2000
Commencing 1 July 2001, the Property Agents and Motor Dealers Act 2000 (Qld) significantly alters Queensland conveyancing practice.
Author: Laura Thompson
Date: August, 2001
Times viewed: 673
Increased protection for residential tenants
An analysis of the Residential Tenancies Act 1997 (Cth) which came into effect from midnight on 25 May 1998, giving tenants increased protection.
Author: Michael Deasey
Firm: Snedden Hall & Gallop
Date: April, 2001
Times viewed: 1375
Negative Gearing
A summary of the advantages, disavanages and general taxation issues associatd with the negative gearing of real estate, shares, and unit trusts. Includes reference to financial institution costs and issues.
Date: April, 2001
Times viewed: 1485
The powers of councils to override private covenants
Recent court decisions show that local councils have powers to neutralise covenants on land, or even in leases, designed to protect a landowner, or lessee, from developments which impact upon their land. Not only that, but councils can use planning laws to assist developers to do so.
Firm: Clark McNamara Lawyers
Date: March, 2001
Times viewed: 1732
Aspects of the law of leases
An outline of the law of leases - dealing only with common law rules relating to the creation and assignment of leases.
Author: Diane Skapinker
Date: January, 2001
Times viewed: 5303

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