Legal update for owner-builders
Legal Update for Owner-Builders New laws, the Home Building Amendment Act 2014 and the Home Building Regulation 2014, concerning owner builders have been in place for just over a year. If you are planning a renovation to your property this year make sure you...
Put or call?
Options are useful legal tools when one party, or both parties are keen to purchase or sell property but the time to do so is not right. Agreement has generally been made as to price and the transaction generally but either (or both) parties want to legally bind the...
Dangerous Trusts
Work has been a bit quiet, so you are pleased to receive a sales advice that your client, Percy, has agreed to buy an investment property for $2.5 million. Shortly afterwards, you receive a telephone call from Percy’s accountant, Penelope, who tells you that the...
Out of here in a box
“I'll leave this place in a box” is a common phrase made by people who have worked hard for and are proud of their home or farm. Many people never want to leave a familiar environment for aged care facilities, but when they are no longer able to care for themselves,...
Is there a legal height of hedges between properties in NSW?
Trees, along with fences are one of the main causes of disputes between neighbours. The Trees (Disputes Between Neighbours) Act 2006, also known as the Tree Act was put in place to provide a mechanism for neighbours to be able to resolve neighbourhood disputes over...
Separation woes
You are acting for Clive in relation to the breakdown of his marriage with Alice. Clive is a cosmetic dentist and has done very well financially. Alice has also been very successful running her interior design business. The breakup has not been harmonious....
What happens when your circumstances change?
What happens when your circumstances change? If a loved one suddenly becomes ill and loses capacity, what becomes of their affairs? What is the outcome if they do not have their affairs in order? What is a power of attorney? A power of attorney is a legal document...
Conditional Contracts and CGT
In 2013, your farming clients Thomas and Olivia entered into a conditional contract to sell their farming property just outside of Queanbeyan to a development company for $5.5m (“Contract”). They acquired the property in 1999 for $1m and were very happy with the...
Periodic lease – a lease that never ends
One of the expenses involved in transferring business real property to a SMSF is to ensure a lease is in place for market value rent. SMSF leases are usually for a term of between 1 and 3 years and often include an option to review. Leases therefore have to be renewed...
Rain is wonderful, but here come the weeds….
With recent rainfall, weeds may be starting to find their way onto your block. The general definition of weed is a wild plant, growing where it isn’t wanted. However, noxious weeds can be more of a problem than just competing with your seedlings! Under the Noxious...