The case of Guirgis v JEA Developments Pty Ltd [2019] NSWSC 164 provides an important lesson to licenced conveyancers of the possible consequences that they may face by improperly supporting a caveat application where they fail to take reasonable steps to ascertain the information and evidence necessary to support the application. In this case, the
Conveyancers have been early adaptors of electronic conveyancing, which will be mandatory for all mainstream property transactions in NSW from 1 July 2019. As we head towards this date, it is timely to consider the lessons that have been (and can still be) learned about cyber risk and resilience in conveyancing. Email security is now
In Wynne Avenue Property Pty Ltd v MJHQ Pty Ltd [2019] NSWCATAP 41, Wynne Avenue Property (the Lessor) sought to terminate MJHQ Pty Ltd’s (the Lessee) using a demolition clause within their contractual agreement. At first instance, the Tribunal held that the notice for demolition was not a genuine proposal. The Appeals Panel overturned this
Changes to super that are set to come into effect on 1 July 2019 have serious implications for those potentially affected in relation to insurance cover. Super fund members who have not had a contribution paid into to their account for 16 months could lose their insurance cover under new legislation passed by the government
With the 1 July mandate fast approaching, a number of firms have come into existence offering to act as ‘Settlement Agents’ on the PEXA system for those firms/practitioners who (for whatever reason) do not wish to register. Unlike the paper system, the electronic system has very specific requirements of a Settlement Agent and, as a
In Campbell v Hamilton [2019] NSWCA 22, the appellant sought to argue that though he had agreed to grant an easement to the respondent, this easement did not bind future successors of the appellant’s title. The Court dismissed the appellant’s submissions highlighting that at a general level, easements are a proprietary right that will bind
The case of McFarland v Gertos [2018] NSWSC 1629 is one which garnered significant media interest. Bill Gertos (the Defendant) took possession of a vacant (seemingly abandoned) property in 1998 and sought to be recognised as the registered owner of the property in 2017 under the law of adverse possession. Whilst this application was contested
As an industry we are soon approaching the next in a series of milestones in the transition to e-Conveyancing, with all mainstream transactions in NSW required to be lodged electronically from 1 July. As we’ve seen in both Victoria and Western Australia, the NSW 1 July implementation date will likely pass without fanfare. Coupled with
In brief In the Supreme Court case of Silver Star Fashions Pty Ltd v Dal Broi [2018] NSWSC 1445, the Court was called upon to consider whether a number of off-the-plan contracts could legally be rescinded under a sunset clause. The Court held that it was necessary to show that rescission was just and equitable

A New Age of Conveyancing Leaders

“I am so proud of our industry and how far we’ve come.” Peta Stewart, Peta Stewart Conveyancing “This is the pinnacle of my career.” Merrill Phillips, Stacks Law On Saturday 20 October 2018, the Australian Institute of Conveyancers (AIC) NSW division presented two of its members with the prestigious President’s and CEO’s Awards. The Awards