Do Restrictive Covenants on Land Restrict Development?

Quite often, land developers place restrictive covenants on land. For example the restrictive covenant be that: the land shall only be used for residential purposes, the buildings must be of a certain size or of a certain material or type of construction or design.
Are these restrictive covenants enforceable? The answer is sometimes yes and sometimes no.
Let’s take another example. If you purchase land in a subdivision which contains a restrictive covenant that permits the erection of a single residential building only, can you legally erect a multiple occupancy dwelling such as a duplex or triplex?
Despite what most people think, if the Local Government zoning laws permit multiple occupancies and a Development Consent to build multiple occupancies is granted by the Local Council, then the Council’s Development Consent overrides the restrictive covenant on the land.… Read More

You’ve Decided To Sell Your Home – What Now? – Terry Robinson

Before you can advertise a residential property for sale you are required by law to have a copy of the Contract available for prospective Purchasers to inspect. This is required whether you propose to sell through a Real Estate Agent or privately.

To enable a Contract to be prepared you should contact your Solicitor or Conveyancer as soon as possible to avoid delays in getting the Contract prepared.

Legislation sets out various documents and certificates that are required to be attached to the Contract, failure to attach these could potentially give the Purchaser a right to get out of the Contract after Contracts have exchanged.… Read More

Can I Change the Purchaser’s Name on a Land Contract?

This is an often asked question. Typically, someone will have bought a property at auction in their own name, or from an off-the-plan development and then decide they want to buy the property in the name of their spouse or some other entity like their super fund.

The decision to change names often happens after they have discussed the purchase with their accountant and/or solicitor and things like asset planning and estate planning are raised.

Most people seem to think they can simply change the “purchaser” on the contract by inserting the words “or nominee”.

That process in most cases will not work and will result in you paying double Stamp Duty.… Read More

Pedal the Peel Cycling Challenge 7 April 2019

Everingham Solomons is proud to be one of the major sponsors and organisers of the Pedal the Peel Cycling Challenge to be held at Moore Creek Tennis Club, Moore Creek Rd, Tamworth on Sunday, 7 April 2019.

The event is unique to Tamworth because it caters for all levels of rider fitness and experience.

You can choose from a flat 15 km or 25 km course or the more challenging 45 km or 100 km hilly courses.

The event is designed to encourage all levels of riders (minimum age 12 years) to become involved, have a great fun day and help raise money for local charities.… Read More

Does a Marriage or Divorce Revoke a Will in NSW? – Terry Robinson

TLRbwQuite often during marriage, separation and/or divorce, estate planning is the last thing on your mind. There can however, be a number of serious repercussions for your wealth, when getting married or splitting up.

It is important to know that getting married revokes a person’s existing Will. Therefore if you die after getting married, you may die without the benefit of a Will and your assets may pass to beneficiaries who you would not otherwise have chosen.  This is particularly relevant in second and third marriages.

People should immediately update their Will as soon as possible after marriage or alternatively execute a Will prior to their marriage which is made in contemplation of their marriage to a certain person.… Read More

Rising Stars in the Legal Industry – Terry Robinson

TLRbwEveringham Solomons Solicitors is proud to announce that George Hoddle and Clint Coles have been appointed as Directors of Everingham Solomons, in recognition of their expertise in their chosen fields of law, their professionalism, their commitment to the North West and their continued growth as lawyers.

George was admitted as a Solicitor in 2008 and holds a bachelor of Law and a bachelor of commerce.

George’s work is focused on commercial litigation, dispute resolution and employment law matters with a particular focus on rural issues.

George has been involved in a number of large complex commercial matters whilst working in Sydney prior to joining the firm.… Read More

Do directors need an indemnity from the corporation they represent? – Terry Robinson

TLRbwWhilst a company structure generally protects directors from being personally liable to pay the company’s debts, this is not always the case. Further Directors may be fined personally by ASIC, or may have to pay the companies taxation liabilities such as PAYG or employee superannuation payments.

So, yes it is a good idea to have what is called a Deed of Access and Indemnity.

The deed is a contract between each director and the Company.

It gives the Directors access to the company’s records, payment of legal costs, and requires the company to affect directors and officers insurance, both during the director’s appointment and for a period of years thereafter.… Read More

Serious Consequences For Employers Who Dodge Superannuation Payments – Terry Robinson

TLRbwEmployers failing to pay superannuation could be hit with Court ordered penalties and even 12 months prison stints under draft legislation released recently.

The legislation aims to protect workers superannuation entitlements, while modernising the way the super guarantee is enforced. The introduction of Single Touch Payroll for employers from 1 July 2019 will make it much easier for the Australian Taxation Office to monitor and identify employers who skip their superannuation obligations, rather than the current regime of self-reporting.

The Single Touch Payroll system allows employers to report salaries, wages, PAYG tax and super directly to the ATO from their payroll systems.… Read More

Selling Residential Property – Terry Robinson

TLRbwWhen deciding to sell residential property, whether you list with a Real Estate Agent or you intend to sell privately, the law requires that you have a copy of the proposed Contract for the sale of the property available for inspection by a prospective purchaser. The Contract must have prescribed documents as set out in the Conveyancing Act before it can be signed by a Purchaser.  If Contracts are signed and exchanged without the relevant prescribed documents being attached, the purchaser may have a right of rescission (able to get out of the Contract).

You should contact your Solicitor or Licensed Conveyancer who will assist in preparation of the proposed Contract.… Read More

CAN REAL ESTATE AGENTS BE LIABLE FOR STATEMENTS MADE – Terry Robinson

TLRbwIn a recent Supreme Court of Queensland decision, the Court held that the real estate agent was liable for the representations it had made to a purchaser which were found to be false.

The Court proceedings related to the sale of a shopping centre. The purchaser alleged that the information provided about the financial performance of the shopping centre was misleading and false

The purchaser requested information regarding the shopping centre. The agent sent a number of emails together with an Information Memorandum to the purchaser containing information about the net rentals for the centre, the rent payable under each lease and estimates of outgoings.… Read More