It is a common provision in car rental agreements that if the car is damaged as a result of the driver breaching a law in force where the accident occurs,…

Have you noticed that a feature of electronic technology is the ability to collaborate?  A person in Adelaide can now share information in a mouse click.  A new electronic system…

Will a Court enforce provisions of a lease against a party in respect of a period of time prior to the commencement date of the lease? This was one of…

When an owner sells a property that is subject to existing tenancies, it is always preferable to have the relevant leases to the tenants registered on title. This ensures that…

All landlords and agents of residential tenancies should be aware that the Residential Tenancies Act 2010 (NSW)will be amended effective from 28 February 2019 to enable tenants to escape circumstances of domestic violence. Tenants…

When selling your business, it is important that you keep in mind all costs that are associated with the sale when negotiating any purchase price of the business. This is to ensure…

It is a well-accepted practice in relation to the sale of land for there to be a physical exchange of signed counterpart Contracts to bind the parties to the sale.…

There is a little known provision of the Uniform Civil Procedure Rules that permits NSW courts to enter what are, in effect, interim judgements pending the final outcome of a case.  That…

We recently reported on the case of Realm Resources Pty Ltd v Aurora Place Investments Pty Ltd [2019] which held that a sublessee was immediately bound after signing and returning the sublease…

The concepts of Deeds and Agreements are often incorrectly used interchangeably. From a legal perspective, the two (2) concepts are different and are used in different circumstances. The significant differences…

It is common for a loan agreement to grant the lender an equitable charge or mortgage over the borrower’s property as security for the loan, particularly where the loan is…

Section 68(1) of the Local Government Act 1993 provides that a person may only install a domestic oil or solid fuel heating appliance (other than a portable appliance) with the prior…

There is a general statutory requirement that for a contract for sale of land to be enforceable, it must be in writing and signed by the parties (section 54 of…

In May of this year I wrote an article about a possible statutory gap for trust creditors and noting that High Court determination was required to provide clarity in relation…

An off-the-plan contract is used to sell property that does not yet exist. It is a popular way for buyers to enter the property market as they can commit to…