Is Your Dealing Authorised?
Monday, 13 August 2018
by AICNSW
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
- Published in Information, Law
Case law updates – Do certifiers owe a duty of care to prospective purchasers when issuing an occupation certificate?
Monday, 06 August 2018
by AICNSW
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
- Published in Information, Law
Case law updates – Subsequent conduct may demonstrate the existence of a new agreement
Monday, 30 July 2018
by AICNSW
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,
- Published in Information, Law
Case law updates – The sunset clause: Failure to meet notice requirements are fatal
Monday, 23 July 2018
by AICNSW
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
- Published in Information, Law
Ethical Conduct – An Essay
Sunday, 15 July 2018
by AICNSW
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
- Published in Information, Law
Strata Law Reforms
Wednesday, 20 December 2017
by AICNSW
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
- Published in Information, Law