Property Publications
2010
June 2010
Be prepared! Mandatory disclosure for the energy efficiency of commercial office buildings
To enable potential purchasers or lessees to consider energy efficiency as part of their decision making processes, the Building Energy Efficiency Bill 2010 (Cth) (Bill), places obligations on vendors and landlords to disclose the energy efficiency of large commercial office buildings on sale, lease or sublease. The Bill, once passed, will have retrospective application from 1 July 2010 but the disclosure obligations will start from 1 October 2010 to allow parties affected by the disclosure obligations time to prepare. In this bulletin we outline the details of this Bill.
2009
September 2009
Purchasing a development consent: what are you buying?
In this bulletin we review a recent case which raises the question as to what actually is "development consent".
August 2009
Good easements - it's all in drafting the terms
In this bulletin we look at a recent judgement by Justice McDougall of the Supreme Court of NSW which is a good example of why it is important to give detailed thought to the terms to be included in and applied to an easement.
June 2009
Treasury's got a plan - the Housing Construction Acceleration Plan in the 2009-2010 NSW budget
In this bulletin we outline the key features of the State Government's recently announced Housing Construction Acceleration Plan.
2008
December 2008
Compulsory Acquisitions - Would you like GST with that?
A decision last week by the Administrative Appeals Tribunal (AAT) - Hornsby Shire Council and Commissioner of Taxation [2008] AATA 1060 - found that GST can apply where land is compulsorily acquired as a result of an owner-initiated compulsory acquisition. In this bulletin we review this decision and its implications.
November 2008
Mini-Budget 2008-2009 Additional costs for property owners
In this bulletin we identify some areas from the NSW Mini-Budget which may result in property owners facing additional costs.
June 2008
Two important GST developments
In this Bulletin we review two recent developments in relation to GST. The first relates to the High Court decision in Reliance Carpet Co Pty Ltd v Commissioner of Taxation which overturned an earlier decision of the Full Federal Court and the second relates to a budget announcement on the margin scheme.
March 2008
GST margin scheme and subdivision uncertainty
In this bulletin we review the recent Federal Court decision of Brady King Pty Ltd v FCT [2008] FCA 81 which has created uncertainty as to the application of the GST margin scheme to the development and subdivision of property for resale.
2007
October 2007
Westfield easement case decided
In this bulletin we review a recent case which highlights the need to exercise care when drafting easement terms and demonstrates that the financial implications of having the benefit (or not) of an easement can be huge.
January 2007
Damaging or dangerous trees - Disputes may be resolved
The Trees (Disputes Between Neighbours) Act 2006 will commence operation on 2 February. In this Bulletin we outline some of the key features of the Act.
2006
November 2006
Smoke alarms - conveyancing rules changed yet again
Our Bartier Perry Property Bulletin in May this year commented on the requirement for vendors to attach to contracts a statement that any building on the land complies with the obligation to install smoke alarms. In this Bulletin we report on further changes whereby Vendors no longer need to make that statement but all contracts for sale of land exchanged on or after 1 December 2006 must include an additional warning notice.
September 2006
An avenue closes for owner initiated acquisitions
Recent changes to the Environmental Planning & Assessment Act 1979 take away an avenue for property owners to force government authorities to acquire land reserved for public purposes. The changes can also potentially reduce the amount of compensation payable for such acquisitions.
August 2006
Beware - Unintended Retail Leases
In this bulletin we look at a recent decision of the Administrative Decisions Tribunal which found that an application-for-lease letter, which was expressed to be not legally enforceable, could still give rise to a 5 year lease despite the clear intention of the parties that this should not be the case.
August 2006
Changes to the Electricity Supply Act
The Electricity Supply Amendment (Protection of Electricity Works) Act 2006 commenced on 26 May. In this bulletin we provide a snapshot of the changes and comment on the effect on easement acquisition.
May 2006
Vendors - be alarmed at your latest need to disclose
This Bartier Bulletin looks at the Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006 (Conveyancing Regulation) and the additional requirement it places (or will place) on vendors of real estate "where persons sleep".
April 2006
GST Ruling on Deposits
The Commissioner of Taxation has issued GST Ruling 2006/2 in relation to deposits held as security for the performance of an obligation. The Ruling explains the ATO's view of the law as it applied from 1 July 2000, so it is retrospective in effect. This bulletin focusses on some of the key aspects of the Ruling.
March 2006
Vendors of real estate can agree to accept a reduced deposit - but don't call it that!
As property prices have risen sharply over the past several years, more and more purchasers of real estate who do not have cash or do not want to pay the cost of obtaining a deposit bond request that a reduced amount for the deposit be accepted on exchange of contracts. In this Bulletin we examine a recent Court of Appeal decision on reduced deposits and enforcement of penalties.
2005
September 2005
Good news for property investors
Recent minor legislative changes in the property area have produced some small windfalls for vendor investors in the NSW property market. In this bulletin we summarise the legislative changes.
August 2005
Slipping the bonds of restrictive covenants
In this bulletin we advise on the effect of registered instruments that appear to restrict the development of land but which may be suspended to enable development to be carried out.
February 2005
Important changes to strata management laws commenced on 7 February 2005
Important changes to strata schemes management laws both for residential and commercial properties commenced on 7 February 2005 with the commencement of the Strata Schemes Management Amendment Act 2004.
2004
August 2004
Proposed Amendments to the Retail Leases Act 1994
The Retail Leases Amendment Bill 2004 was introduced into the Legislative Council in June 2004. This bulletin summarises some of the proposed amendments.
July 2004
NSW Vendor Duty - A Moving Target
An overview of the NSW Vendor Duty commencing 1 June 2004.
April 2004
Stamp duty / land tax changes in NSW mini budget
On 6 April 2004, the NSW Treasurer announced a mini budget for 2003/2004 financial year involving some significant changes to stamp duty and land tax
April 2004
Property Law Update
In this bulletin we look at Disposal of Land by Registered Clubs and Trespass, Access and Easements.
March 2004
Commercial / Retail Leases - Bank Guarantees
Bank Guarantees are one of the most common features of retail and commercial leases. For good reason, as they provide landlords with effective security against the tenant defaulting under the lease. This bulletin examines what needs to be considered when dealing with Bank Guarantees.
February 2004
Commercial leases and strata title
Commercial strata title is becoming a common form of property development. Either by way of new construction or converting existing buildings, it allows developers more flexibility by allowing the sale of individual strata lots. In this bulletin we review the unique features of strata title.
January 2004
Checklist for off the plan strata title sales
Recognising that our most important role as lawyers is the provision of prompt, practical advice and commercially acceptable documents so that contracts can be prepared, issued and exchanged as quickly as possible, we have prepared a checklist for off the plan strata title sales.
2003
November 2003
Off the Plan Strata Developments - how to avoid strata stress
A guide to assist in off the plan strata title sales.
September 2003
Dummy bids .... a thing of the past - Property, Stock and Business Agents Act 2002 (NSW)
The new Property, Stock and Business Agents Act 2002 (NSW) (Act) commences on 1 September 2003. In this bulletin we look at a number of significant changes in relation to the sale and purchase of residential and rural property.
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