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Month: July 2019

Professional Duties and Email Security for Conveyancers

Wednesday, 31 July 2019 by AICNSW
Conveyancers have been early adaptors of electronic conveyancing, which will be mandatory for all mainstream property transactions in NSW from 1 July 2019. As we head towards this date, it is timely to consider the lessons that have been (and can still be) learned about cyber risk and resilience in conveyancing. Email security is now
  • Published in Information, Uncategorized

Lessee’s Retail Lease Demolished: Demolition Clauses and Termination

Wednesday, 24 July 2019 by AICNSW
In Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41, Wynne Avenue Property (the Lessor) sought to terminate MJHQ Pty Ltd’s (the Lessee) using a demolition clause within their contractual agreement. At first instance, the Tribunal held that the notice for demolition was not a genuine proposal. The Appeals Panel overturned this
  • Published in Information, Uncategorized

Inactive Super Fund Accounts May Lose Insurance Cover

Wednesday, 17 July 2019 by AICNSW
Changes to super that are set to come into effect on 1 July 2019 have serious implications for those potentially affected in relation to insurance cover. Super fund members who have not had a contribution paid into to their account for 16 months could lose their insurance cover under new legislation passed by the government
  • Published in Information, Uncategorized

Electronic Settlements Using Third Party Agents

Wednesday, 10 July 2019 by AICNSW
With the 1 July mandate fast approaching, a number of firms have come into existence offering to act as ‘Settlement Agents’ on the PEXA system for those firms/practitioners who (for whatever reason) do not wish to register. Unlike the paper system, the electronic system has very specific requirements of a Settlement Agent and, as a
  • Published in Information, Uncategorized

Easing Out of Easements is Not Easy: Successors in Title Bound by an Easement

Wednesday, 03 July 2019 by AICNSW
In Campbell v Hamilton [2019] NSWCA 22, the appellant sought to argue that though he had agreed to grant an easement to the respondent, this easement did not bind future successors of the appellant’s title. The Court dismissed the appellant’s submissions highlighting that at a general level, easements are a proprietary right that will bind
  • Published in Information, Uncategorized

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