by Alex Long | Jun 15, 2019 | Property
Changes to the law in NSW has implemented a no meter, no pump policy under the Water Reform Action Plan. Greater penalties now exist for Water Licence holders who do not comply with the obligation to install a properly working meter.
Under the plan, it will be an offence for Water Licence holders to:
- Fail to comply with the conditions of a Water Licence or works approval which requires the installation of a meter;
- Fail to install metering equipment when required;
- Take water from a metered water supply work if the meter is not working properly;
- Interfere with, damage, destroy or disconnect any metering equipment; or
- Fail to keep the required metering records.
… Read More
by Katie Cook | Jun 8, 2019 | Property
In every Contract there is a set time for Completion, or ‘Settlement’ as it is often called. The time for Completion can be a set number of days or weeks after exchange takes place (eg 42 days or 6 weeks), or a set time after another event takes place (eg 14 days after a plan or subdivision has been registered).
Completion or Settlement is essentially when the Purchaser hands over their money and takes title to the property.
It is crucial that a purchaser in a property transaction is aware of the date that Completion is due under the Contract, as there are serious consequences when Completion doesn’t take place on time.… Read More
by Alex Long | Jun 1, 2019 | Property
Despite the recent rainfall received in the area, there has not been any significant inflows into the state’s water storages. On 31 March 2019, the Minister for Regional Water made an order for temporary water restrictions under Section 324 of the Water Management Act 2000 (the Act).
Under Section 324, the Minister has the authority to order temporary water restrictions within a water source for a specified period if those restrictions are determined to be in the public interest. Under Section 324(1), public interest includes “to cope with a water shortage, threat to public health or safety or to manage water for environmental purposes”.… Read More
by Suzanne Hindmarsh | May 25, 2019 | Wills & Estates
A Grant of Probate is a document issued by the Supreme Court that acknowledges the validity of the deceased’s Will and authorises the Executor/s to administer the Estate.
Whether or not Probate is required depends on the nature and value of the deceased’s assets.
If the deceased held land in their sole name or as tenants in common with another, Probate will be required.
Financial institutions, superannuation funds, aged care facilities and share registries may also require Probate for larger investments before they will allow those assets to be dealt with. Generally, such institutions will require Probate if the amount held with them is greater than $50,000.00.… Read More
by Lesley McDonnell | May 18, 2019 | Wills & Estates
I am often asked by clients who want to donate their organs, if they should include this wish in their Will. Due to the fact that a Will is not read until after a person’s death, there are better options for people to record their wishes to donate their organs.
Firstly, the Australian Organ Donor Register is Australia’s only national register that enables people to record their decision about becoming an organ donor after their death. Registration is easy, voluntary and allows a person to choose which organs and tissues they are willing to donate. There are a number of ways to register including, but not limited to, the following:
Register through your existing online myGov account;
Register using an Online form through https://donatelife.gov.au… Read More
by Terry Robinson | May 13, 2019 | Property
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
by Sophie Newham | May 9, 2019 | Family
Many individuals now plan to have children on their own without a partner.
This means that the traditional make up of a family is no longer clear cut and the law has to keep up with significant social and cultural changes in society making the definition of parents and families so much more complex.
Many parents who use formal or informal sperm donors or conceive a child outside of a married or de-facto relationship, want to know whether sperm donors have any parental rights once their child is born.
There are a number of relevant laws in place in New South Wales, but in summary a sperm donor is presumed to not be a parent of a child unless married or in a de-facto relationship with the mother at the time of conception.… Read More
by Libby Campbell | Apr 6, 2019 | Workers Compensation
In NSW each year there are approximately 100 deaths that occur at work or as a result of work. The Workers Compensation Act 1987 NSW provides specific provisions for compensation to families who have a loved one who dies as a result of work. Section 25 of the 1987 Act entitles dependents to a lump sum death benefit amount which is currently $798,100 (as at 26/03/19). Dependent children are also entitled to a weekly benefit of the current rate of $142.90 per week (as at 26/03/19) under the age of 16 years, or if they are student up to the age of 21 years.… Read More
by Ken Sorrenson | Mar 30, 2019 | Business
In our climate, effective air conditioning is usually very important to any lease of retail or office space. A recent Victorian Civil & Administrative Tribunal case highlighted the legal importance of properly documenting and then complying with air conditioning arrangements.
In this case the tenant operated a Pilates studio from a retail premises in Melbourne. When the lease commenced the parties agreed to insert a special condition to the effect that –
- the landlord would install new air conditioning;
- thereafter it would be the tenant’s responsibility to maintain the air conditioning; but
- the landlord remained responsible for any capital repair costs.
… Read More
by Terry Robinson | Mar 23, 2019 | Property
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
