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”.   The Real Property Amendment (Certificates of Title) Act 2021 makes the necessary changes to legislation to make way for: the cancellation of Certificates of Title (CTs); 100%
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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

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