Is Your Dealing Authorised?

For all electronic dealings, a Client Authorisation is now required to authorise a conveyancer to act as their client’s agent and to sign conveyancing transactions on their client’s behalf. Client Authorisations 2018: A Health-Check The cut-off dates for mandatory electronic lodgements of conveyancing transactions in NSW are fast approaching. Furthermore, Client Authorisations are becoming a

Case law updates – Do certifiers owe a duty of care to prospective purchasers when issuing an occupation certificate?

In Ku-ring-gai Council v Chan (2017) NSWCA 226, the NSW Court of Appeal considered the issue of whether Ku-ring-gai Council (the Council) owed the subsequent purchasers of a renovated property a duty to take reasonable care in issuing an occupation certificate to avoid their suffering economic loss as a result of the previous owner-builder’s defective

Case law updates – Subsequent conduct may demonstrate the existence of a new agreement

In the case of Yangdo Pty Ltd v Equiti Group Pty Ltd (2017) NSWSDC 277, Yangdo (the Landlord) argued that Equiti (the Lessee) incorrectly relied on a letter that allegedly documented a new lease agreement. The Court ultimately held that the document was in fact an agreement for a new lease and, in the alternative,

Case law updates – The sunset clause: Failure to meet notice requirements are fatal

In Klein v McMahon (2017) NSWSC 1531, Klein (the Purchaser) sought an order of specific performance against Mr and Mrs McMahon (the Vendors). The Vendors had attempted to rescind the contract in accordance with the terms of certain provisions within the agreement but without regard to Section 66ZL of the Conveyancing Act (‘the Act’). The

Ethical Conduct – An Essay

Recognising that a core reputational component of any profession is the ethical conduct of its members, we have recently introduced into the AICNSW education program several sessions on the topic of Ethics. While researching suitable content for these sessions, we were delighted to encounter an essay written by AICNSW member Michelle Sillato as part of

Regulatory issues in the performance of conveyancing services for legal practitioners (Scenario 2)

Conveyancers are seeing business opportunities in the provision of conveyancing services to legal practitioners. Before entering into any such arrangement, however, there are range of factors that conveyancers should consider, such as the potential legal implications for their business, whether the arrangements will permit regulatory and legislative requirements to be met, and what, if any,

Regulatory issues in the performance of conveyancing services for legal practitioners (Scenario 1)

Conveyancers are seeing business opportunities in the provision of conveyancing services to legal practitioners. Before entering into any such arrangement, however, there are range of factors that conveyancers should consider, such as the potential legal implications for their business, whether the arrangements will permit regulatory and legislative requirements to be met, and what, if any,

AICNSW Life Membership

We are pleased to confirm that the Council of the Australian Institute of Conveyancers NSW Division Limited has conferred on Mr Ian Marler the status of Life Membership. The award of Life Membership is recognition of the significant contribution that Ian has made to the formation, education, and development of the conveyancing profession in NSW.

PEXA Subscription and Digital Certificate

PEXA have advised us on the 17th May 2018 that a PEXA subscription does not expire – just the digital certificate.  PEXA have advised this important information about your digital certificate when signing into PEXA. The digital certificate will last 3 years from the date of issue. PEXA will notify you 6 weeks prior and every

Strata Law Reforms

New strata legislation came into effect on 30 November 2016, bringing about changes that affect all people living in or owning Strata Title property. This article examines the impact of the new legislation on strata by-laws, which all strata scheme residents (tenants and owners) must adhere to in accordance with the Strata Schemes Management Act