GST at Settlement: Common Errors & e-Conveyancing

Did you know that the ATO corrects approximately 45,000 forms a year? The ATO has noticed common form errors being submitted by purchasers and suppliers. It’s important to recognise the common mistakes to provide correct information and prevent processing delays. If you are a purchaser or a supplier, review the identified list of errors below
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2020: A year we will all remember!

Well, if you were to try and pen a summary of the year that was, you could just use one word: bizarre. Personally, I prefer that term to the word most often used during 2020 – “unprecedented”. As we all know, since March 2020 the world has been turned upside down, and I don’t want

More Changes for Insurance in Super

More changes are coming for the default insurance cover of young super fund members and members with low super balances under new laws passed by the Federal Parliament in September 2019. The Treasury Laws Amendment (Putting Members’ Interests First) Act 20191 means that as of 1 April 2020: On joining a super fund, auto- matic

How to Achieve Compliance in an eConveyancing Audit

As conveyancers and lawyers across NSW find themselves subject to random eConveyancing audits, we help explore some of the issues and what you can do to avoid them. The top two areas where practitioners struggle to meet their regulatory obligations are when filling out the Client Authorisation Form and verifying a client’s identity. As of

Case law updates – Actual Use of Land for Disturbance Compensation on Resumption

In G Capital Corporation Pty Ltd v Roads and Maritime Services [2019] NSWCA 234, the Roads and Maritimes Services (the Acquiring Authority) acquired the properties of the G Capital Corporation (the Applicants) for the WestConnex M4/M5 project. The Valuer General determined the market value of the three properties at $33.1 million. The Applicants objected to

Legislation law updates – Conveyancing Legislation Amendments for Vendor Disclosure statements

The provisions of the Conveyancing Legislation (Amendment) Act 2018 (NSW) commenced on December 1 2019. In brief, the amendments introduce vendor disclosure obligations in relation to off the plan contracts for residential properties. Simultaneously, the amendments provide purchasers with remedies where disclosures are found to be inaccurate or different to the final registered documentation of

What is a “Land Survey”?

This may seem an odd topic for an article in the Institute of Conveyancers’ magazine. After all “licensed conveyancers in NSW are professionally qualified to advise clients in the legal matters involved in the buying or selling of property or businesses within NSW”. However, if we adopt a broader perspective of the property industry, I

Case law updates – Is a Constructive Trust a Caveatable Interest?

In Mayrin DM Pty Ltd v Kaiyu Deng [2019] NSWSC 1552, Mayrin (the Caveator) brought an application to extend a caveat over two properties in order to complete a preliminary discovery process. In this case, Deng (the Acquisition Specialist) was employed under contract by the Caveator to locate and purchase suitable properties for investment. There

Case law updates – Recent Authorities on Risk Management for Conveyancers

This article considers two cases relating to claims brought against property lawyers – one in the Supreme Court of Queensland and one in the Civil and Administrative Tribunal of New South Wales. There are four key issues which, had they been adequately addressed, might have resulted in the avoidance of the claims. Wise Investments Pty

Why the 2019 Property Market Crash never happened (and why it never will)

Australian property market crash fears didn’t eventuate in 2019, neither did the expected oversupply. Here, we explore the factors behind this and the likelihood of a future downturn. You will likely recall the dire predictions for the Australian property market in the mainstream press around a year ago. Remember the 60 Minutes story in late