Beyond the Retainer: Advising Clients on Risks in Property Transactions

Conveyancers play a pivotal role in property transactions, tasked not only with navigating legal formalities but also, as recent cases have made clear, a responsibility to advise clients on a… Continue reading Beyond the Retainer: Advising Clients on Risks in Property Transactions

Is your purchaser client potentially liable for …

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Is your purchaser client potentially liable for Surcharge Land Tax? If your client is a foreign person, they will potentially be liable to pay surcharge land tax.  This is regardless… Continue reading Is your purchaser client potentially liable for …

Who gets to keep the option fee …

Who gets to keep an option fee if the sale of land contract has been terminated?   In Brief: This article examines the importance of understanding the terms and obligations… Continue reading Who gets to keep the option fee …

Casenote: Brose v Slade [2022] NSWSC 1785

Limitations of the PEXA system and potential implications on the registration of a proprietary interest In Issue Whether an inaccurate description of a proprietary interest due to the requirements of… Continue reading Casenote: Brose v Slade [2022] NSWSC 1785

Solicitor negligence case: NSW Court of Appeal overturns Supreme Court decision

In brief – the NSW Court of Appeal in Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice… Continue reading Solicitor negligence case: NSW Court of Appeal overturns Supreme Court decision

Obligation of conveyancers to assess capacity

 The Supreme Court, in different cases where one or more of the parties have had a conveyancer act in a transaction, has found that the conveyancer had, prior to the… Continue reading Obligation of conveyancers to assess capacity

AICNSW Cyber Triage Service: A Case Study

Case Study – September 2022 Incident background An AIC NSW Member (the Member) experienced a phishing incident from an unknown caller (the Threat Actor), claiming to be an Optus contact.… Continue reading AICNSW Cyber Triage Service: A Case Study

NSW moves to 100% electronic lodgments and the cancellation of paper Certificates of Title

The Office of Registrar General NSW (ORG) has announced that from 11 October 2021, the land titles system in NSW will transition away from paper-based processes to 100% “e-conveyancing”.  … Continue reading NSW moves to 100% electronic lodgments and the cancellation of paper Certificates of Title

Is my vendor client ‘carrying on an enterprise’?

One of the most common questions conveyancers ask the ATO, is whether their vendor clients are ‘carrying on an enterprise’ and if they should be registered for GST? Another common… Continue reading Is my vendor client ‘carrying on an enterprise’?

Superannuation Guarantee Contributions Increased

Under Australia’s Superannuation Guarantee (SG) laws, employers are required to pay a set percentage of superannuation into each eligible employee’s super fund, on top of their standard wages or salaries.… Continue reading Superannuation Guarantee Contributions Increased