When purchasing a property, it is important for a Buyer to rely on their own enquiries and investigations to satisfy themselves with the state of the property. However a Seller does have a legal obligation under the Conveyancing Legislation to disclose any latent defects in a property to a Buyer. In contrast any patent defects do not need to be disclosed by a Seller to a Buyer. So, what is the difference? Continue Reading..
We are living and breathing in a digital age where pen and paper is becoming something of the past. A recent decision handed down by the Queensland Supreme Court in 2017 proved that an unsent text message satisfied the requirements of a person’s last Will. Continue Reading..
As couples today commonly engage in IVF treatment, the question must be considered, what will happen to your frozen eggs/sperm or fertilised embryos on the death of you or your partner? Continue Reading..
If you intend to buy or sell real estate, you will need to prove who you are. Continue Reading..
Did you know that when buying or selling property in NSW the parties to a contract may mutually agree upon terms for early possession of a property before completion takes place. Continue Reading..
Many business owners think that registering a business or company name gives them exclusive rights to use that name. You may be surprised to learn that merely registering a business name or company name only identifies the name under which your business trades. It doesn’t give you ownership of (or proprietary rights to use) that name. Continue Reading..
Put simply, an option to renew in a lease is exactly that - an option for you as the Tenant, to renew the lease for another term when your existing lease expires. An option is very important for business continuity, just think what would happen if you suddenly found out that you had to find new business premises at the end of the month! But to exercise your option correctly requires careful consideration of the terms of the lease. Continue Reading..
It’s the perfect week to bring an end to harvest and beat your neighbour to the pub. The day seems warm but you check the wind, temperature and humidity against the new Rural Fire Services (RFS) sticker and decide to take on the last block. It’s risky but the discretion is now in your hands thanks to the NSW RFS bringing an end to the cease harvest direction, so you decide to get the job done.It’s almost lunch; you pull out your sandwich and suddenly smell smoke. Your hunger immediately vanishes as your stomach drops. You turn around to see your new header up in flames and become more alarmed to realise that you are a paddock away from your neighbour’s best yielding crop… Continue Reading..
Did you know that anyone who keeps horses in NSW is required to obtain a Property Identification Code (“PIC”) for the land on which the horses are kept? The requirement to have a PIC has been around for some time for livestock owners, whether the livestock is moved or not, but what a lot of people don’t seem to know is that even if you own just one horse you must have a PIC. The need for a register of the location of all horses (and other livestock) was recognised during the equine influenza outbreak in 2007. At its peak, approximately 47,000 horses in NSW were infected. Horse owners and industry workers faced dark times with major impacts on their livelihood and lifestyle. Continue Reading..
The recent World Elder Abuse Awareness Day gave the NSW Law Society the opportunity to put elder abuse at the top of the agenda. In the context of an aging Australian population and the World Health Organisation reporting that elder abuse is on the rise – a report by the Law Reform Commission has found that emotional and financial abuse are two of the most common forms of abuse. Financial abuse can include stealing money from the elderly, incurring bills for which an older person is responsible, abusing power of attorney arrangements or forcing someone to sign a will or contract. Continue Reading..