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

Adverse Possession: When Risk Brings Reward

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[2018] NSWSC 1445, the Court was called upon to consider whether a number of off-the-plan contracts could legally be rescinded under a sunset clause.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
As we approach the 1 July 2019, NSW Office of Registrar General electronic conveyancing mandate, the next issue to be progressed is the feasibility of “interoperability” within the national electronic conveyancing system. Interoperability is the ability for two separate and competing platforms to seamlessly interact with each other to provide an undisrupted service. With interoperability
Confession time: year after year, many of the New Year’s resolutions I’ve set in the midst of the festive season – such as giving up caffeine and leading a calm and Zen-like life, or having the perfect body with abs that would make Miranda Kerr jealous – don’t actually survive past the month of March!
People who are considering reducing their work hours in the lead-up to retirement, but concerned about not having enough disposable income as a result, can, through a superannuation transition to retirement (TTR) strategy, access part of their super to top up their income. At the same time, a superannuation TTR strategy brings with it the
As we move closer to 100 per cent digital conveyancing in NSW on 1 July 2019, the Registrar General of NSW Jeremy Cox has some timely advice on procedures. In 2016, the NSW Government announced the transition to electronic conveyancing with a timeline for change staged to allow participants to plan and prepare. The timeline