Articles
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23 February 2017
Property
The perfect space, but is it the perfect lease?
So you’ve found the perfect space to lease for your business but it involves taking over the lease from an existing tenant. What are some things you should consider before signing the lease? The agent procuring the deal has probably told you to just…
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22 February 2017
Property
Abandoned goods – What rights do landlords have?
You grant a lease or a licence, and the tenant or licensee (in this note, we will refer to both as “tenant”) moves out leaving fixtures or other items in the premises. (Fixtures are items which are fixed to buildings or land in a way which indicates…
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21 February 2017
Property
When a public road gets in the way of development
Dedicating land as a public road is easy and inexpensive – it happens on registration of a plan at Land & Property Information! But reversing the process – known as road closure – is quite the opposite and a source of angst for councils, members…
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23 January 2017
Property
The rights of carriers in property transactions
When negotiating a property transaction with a carrier, there are some things that you as a landlord should be aware of. The Telecommunications Act 1997 (Cth) (Act) grants a holder of a carrier licence (i.e. a phone carrier) broad powers to deal wit…
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19 December 2016
Dispute Resolution & Advisory
Losing priority of security by not searching hard enough
Steven Borsellino used a pseudonym to own property. When he became bankrupt his trustee in bankruptcy conducted a search of the LPI NSW register under the name “Stephen Borsellino”. No properties owned under that name turned up.
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30 June 2016
Dispute Resolution & Advisory
How pygmy possums tested the limits of just terms acquisition of…
The Constitution's just terms acquisition provisions won?t apply when someone voluntarily sells land to the government.
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25 May 2016
Property
Are lease make-good provisions enforceable? - Costs of repair or…
Commercial leases usually contain provisions requiring the tenant to make good the premises at the end of the lease.
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17 May 2016
Dispute Resolution & Advisory
Has the sun set on sunset clauses for developers? - section 66ZL…
Some developers used the sunset clause to terminate a contract with the original purchaser to resell at today?s prices.
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03 May 2016
Property
Selling land for unpaid rates and charges: 8 important questions…
These are eight important questions that vendor councils should address before exercising the statutory power of sale.
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09 October 2015
Property
New powers for electricity network operators to undertake works o…
Network operators can now undertake work on council land without the need to acquire an easement, lease or licence.
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07 August 2015
Property
Option to renew your lease? Use it before you lose it!
Tenants must check the provisions and comply strictly with the option requirements to ensure the renewal of the lease
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07 August 2015
Property
Ending a residential tenancy agreement - considerations for landl…
Different rules and notice periods apply in relation to terminating a fixed or a periodic residential tenancy agreement.
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24 April 2015
Property
Leasing licensed premises: Polish Club Limited v Gnych
The grant of this particular lease was a breach of the relevant provisions of the Liquor Act and therefore unenforceable.
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15 April 2015
Property
Councils, tendering and direct negotiations
ICAC Guidelines assist councils in direct negotiations, so the process resists corruption and delivers value for money.
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04 March 2015
Property
New swimming pool laws postponed for 12 months
Pool owners have a further 12 months before they will need a Certificate of Compliance to sell or lease their property.
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04 December 2014
Property
Pool owners beware - are you selling or leasing?
A valid Certificate of Registration or Certificate of Compliance is now necessary when you sell or lease your property.
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10 November 2014
Property
New stamp duty liability on call option nominations and novations…
These amendments have consequences for nominations made under call options and novations of agreements for lease.
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22 October 2014
Property
When can landlords call upon bank guarantees provided by the tena…
Can the landlord call upon the bank guarantee to apply towards the cost of reinstating and remediating the premises?