Insights
Beware – Exclusive Jurisdiction Clauses
Jurisdiction clauses are often not examined as closely as they should be. You should ensure that your agreements contain a jurisdiction clause that nominates a convenient jurisdiction for your business. Jurisdiction clauses are often overlooked when parties are...
A recent case concerning forged signatures, the Home Building Act 1989 (NSW) and misleading and deceptive conduct
In The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150, an Owners Corporation brought proceedings against a builder and an insurance broker. The Owners Corporation contracted Mr Saaib (builder) to do residential...
Have your say on the future of strata laws in NSW with a digital strata hub
In a review of the laws under the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015, the Minister for Better Regulation and Innovation opened community consultation as a crucial part of that statutory review. The Government sought feedback on...
The go ahead for more solar in strata
On 24 February 2021, the NSW Government introduced new laws which makes it much easier to install renewable energy in strata buildings. Prior to this amendment, a vote on installing clean energy infrastructure required a special resolution to be passed, which is...
Stamp duty v land tax under the spotlight in NSW
Annual Property Tax as an Alternative to Stamp Duty in NSW Last year, NSW announced important taxation changes by outlining a proposal to transition from the up-front payment of stamp duty to an annual property tax. The proposal is contained in the NSW State...
A call out to all Directors – When is a resignation really a resignation?
Significant changes regarding resignations of company directors come into effect today. Last year, amendments to the Corporations Act were made by the Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Cth) ("Act") to combat the rise of phoenix...
Unit Trusts and Land Tax Threshold Exemptions
Land tax threshold exemptions available for unit trusts In NSW, a fixed trust is eligible for land tax threshold exemptions if it satisfies the definition of "fixed trust" under the Land Tax Management Act 1956 ( Act), so that the beneficiaries of the trust are...
Business Interruption Insurance Dispute
In August 2020, we discussed a pending test case that considered whether insurers could deny liability for small business insurance claims amid the COVID-19 pandemic. The Court found in favour of small businesses, which has resulted in a large number of businesses...
Major Reforms to Foreign Investment and Security Laws now in Force
Australia introduced the Foreign Acquisitions and Takeovers Act 1975 (Cth) to regulate the acquisition of land and assets in Australia, by foreign persons or entities. It imposed reporting obligations on foreign persons and entities engaging in transactions, and...
Are wind farm turbines a fixture or a fitting? Christmas comes early for wind farm tenant in Victoria
Introduction Christmas has come early for a wind farm operator in Victoria with a recent decision in the Supreme Court of Victoria determining in their favor and adding to authority on how renewable energy infrastructure built on leased land (such as wind turbines) is...
Building Disputes – Don’t DIY
It's probably fair to say that you wouldn't ask your builder to give you legal advice (and you definitely wouldn’t ask us to build your house). However, we regularly see disputes between builders and home owners where both parties have failed to get legal advice at an...
Can I rely on a conversation I have recorded without someone else’s consent in my court case?
Most people would assume the answer to that question is a firm no (and usually they would be right), but a recent NSW Supreme Court decision in Rathswohl v Court [2020] NSWSC 14901 shows that in particular circumstances a recording can be relied on. The Facts...
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