The Death of the Title Deed

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthOver the past few years, The NSW Property Law system has been progressively moving towards a system in which land dealings are being lodged electronically. The electronic system is known as eConveyancing.

Recently, the Office of the Register General has announced the date in which NSW will become a 100% electronic system.

This date is being referred to as the Cessation Date.

The Cessation date of 11 October 2021 brings with it a multitude of changes.

One of the bigger changes to the system is the abolition of the Certificate of Title (CT), or more commonly known as the title deed.… Read More

Firearms: To hold and protect

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthWe recently looked at the licensing and permit requirements to obtain a firearm. Following on from that, we now take a look at firearms offences.

We warn you firearms offences carry heavy penalties including substantial imprisonment sentences. As with obtaining a firearm, you must have a genuine reason for possessing one. Genuine reasons include being the owner of a rural property or memberships of shooting clubs.

It is an offence to possess a firearm without a licence or permit. If found to have a firearm without a proper licence or permit, you face a maximum penalty of five (5) years imprisonment.… Read More

Do I have to pay a Rental Bond? It’s the Lease you could do.

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthMost Australians will at some point in their lifetime sign a lease. Whether that be a residential lease for a property to live in, a retail space or for some other commercial endeavour.

Most Landlords will require you to put forth some kind of security deposit/bond in leasing matters.

But what are the requirements for you to do such a thing?

In short security for a Lease is not compulsory. In saying that however, most Landlords will require you to pay one. This gives them some security and goes some way to ensuring that they are not left out of pocket if you damage the property or fail to pay rent.… Read More

Firearms: To have and to hold

Guns. And I’m not talking about the ones you see on the beach in Summer.

Gun laws in Australia are heavily regulated, and as such there are plenty of ways to find yourself in trouble, if you do not follow the Laws and Regulations carefully.

There are two main hurdles when looking to obtain a firearm. There are the licensing requirements and then there is the permit you are required to hold, so that you may obtain a firearm.

In order to obtain a firearms licence you must make an application. The first requirement is to show that you have a genuine reason for wanting to obtain a firearm.… Read More

Fisking up your Will.

Like most people do when they find themselves with a spare 5 minutes, I was scrolling through my social media feed recently and I came across some marketing material for ABC’s upcoming show Fisk. Now I’m in no way part of the Fisk marketing team, but for context, the show will revolve around a Law Firm which practices in Wills and Estates.

The video in question showed some snippets from the show along with asking the cast if they had a Will in real life. Of the six Cast members that were asked, only one confirmed that they had a Will.… Read More

Postponed Rates: A trap for the unaware

If you have bought or sold a property in the last few years, then you may have had a conversation with your Solicitor about postponed rates. If not, you probably haven’t heard of them.

The truth is postponed rates are not generally well understood, but there are consequences if they are not dealt with appropriately during a sale or purchase of property.

So what are postponed rates?

Postponed rates are a charge that Councils can levy over property.

Where you have land that is zoned commercial, industrial, residential flat building or it is permitted under a plan to be further subdivided, this land attracts higher Council rates.… Read More

Working hard or hardly working?

The Holliday season is something a lot of us look forward to for the whole year as it brings with it some much awaited time off from work.
It also brings with it a number of Public Holidays, and who doesn’t love a public holiday!

So what Public holidays do we have to look forward to over the holiday season?

In NSW Christmas day, 25 December 2020 and Boxing Day are recognised as Public Holidays.
As Boxing Day falls on a Saturday this year, there is an additional Public holiday on 28 December 2020. Bonus!
New Year’s Day is also a public holiday falling on Friday 1 January 2020.… Read More

“T’was the night before Christmas, and all through the house, not a creature was stirring…” and that’s how your Neighbours like it!!

With the COVID-19 restrictions lightening in time for the silly season, and people are frantically organising household gatherings we would be remiss if we didn’t remind you that you have neighbours!

Yes I know you probably know that, but as the holidays are celebrated, it’s a timely reminder that noise restrictions still apply during this time.

Noise restrictions apply to all types of noise but probably most relevant for the festivities is those carols and other tunes we all love to hate. This includes musical instruments.

So how loud is too loud? Essentially, if it can be heard in your neighbour’s house, it is noise that is restricted.… Read More

Load ‘er up, but tie ‘er down

Winter is in the rear-view mirror, the scent of Spring is in the air and Summer is approaching fast. It’s the perfect time to do the odd jobs around the house and tend to those overgrown yards. However, in order for your yard to look schmick you might be required to load up the trailer and head to the tip.

This is a timely reminder for all, that penalties for uncovered, unstable and overhanging loads can be quite harsh.

Fines for these offences will see you obtain 3 demerit points and cop a fine of $457.00 per offence.

That’s quite an expensive rubbish run!… Read More

In the Zone? Extra points for you!

Did you know that for certain traffic and parking offences committed within a school zone you can incur an additional demerit point?

So not only will you incur the demerit points for whatever offence you committed, you may get an additional point for committing the offence in a School Zone. If that’s not enough, the fines that you will face are substantially higher for offences committed in a School Zone.

Take for example a Class A vehicle caught speeding, less than 10/km over the speed limit. This offence would usually get you a $121.00 fine and one demerit point. This offence committed in a School Zone would be a $200.00 fine and two demerit points.… Read More