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
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

AICNSW Life Membership: Paul Denny

In October 2018, the Council of the AICNSW conferred on Mr Paul Denny the status of Life Membership to recognise his significant contribution to the conveyancing profession in NSW. Paul, who was NSW’s first license holder, has enjoyed continued business growth over the years while building strong branding for the conveyancing industry. Below is a
AICNSW was pleased to again sponsor this year’s Macquarie University Conveyancing Law and Practice Prize Night on 22nd July 2019, and to celebrate the Graduating Class of 2018 which has produced 97 graduates. In addition to the Graduation and Academic Award certificates, Paul Denny and Dale Turner, two long-standing and life members of AICNSW, attended
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

Electronic Settlements Using Third Party Agents

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