News & Resources

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News & Resources

Registering Security Interests & Searching the PPSR

From 30 January 2012, the Personal Properties Securities Register (PPSR) replaced a number of Commonwealth, state and territory government registers for security interests in personal property and became the single national source of registered security interests in personal property. Security interests which were previously recorded…

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Section 149 Certificate Update

We received an email communication today from Sutherland Shire Council stating the following: “Council’s 149 certificates were made unavailable on the 23rd of June, 2015 following the making of Sutherland Shire Local Environmental Plan 2015. The new LEP required a number of changes to the…

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Notice to tenants prior to a property being placed on the market for sale.

Under Section 53 of the Residential Tenancies Act (the Act), a landlord is required to provide the tenant with 14 days’ notice prior to the date that the premises are first made available for inspection to prospective purchasers. In respect of these inspections, the landlord…

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Pre-contract negotiations can result in binding agreements

Often people believe that pre-contractual negotiations cannot amount to a binding contract where no formal contract has been signed. However, two recent cases have found binding contracts do exist in relation to leases and sale contracts, without the parties signing formal documents. Email exchanges can…

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The Sutherland Shire LEP has been Gazetted

Big change in the Sutherland Shire. The new 2015 Sutherland Shire LEP (formerly the 2013 Sutherland Shire Draft LEP) was gazetted yesterday. It can be viewed through the NSW Governments legislations website. At Solari & Stock Lawyers, we will have a specific special condition in…

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Agent Alert! Draft Sutherland Shire Local Environmental Plan Update

We have been hearing on the grapevine that the Draft 2013 Local Environment Plan (LEP) will be released and gazetted by the NSW State Government shortly. Once the Draft LEP has been gazetted, it will no longer be a Draft LEP and will be the…

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SMSFs – Should you have a corporate trustee or an individual trustee?

When establishing a Self Managed Super Fund (SMSF) you can have the individual members as trustees or otherwise you can have a corporate trustee. The corporate trustee may cost a few extra dollars in the short term, but there are good reasons why we would…

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Maximising the sale price of your business

For any business owner, they need to think about their eventual exit in order to maximise the return they get from the business. A business owner should regularly review and assess the business through the eyes of the potential buyer. We set out below some…

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Being the effective cause of a sale when another agent becomes the selling agent

For an agent to be able to claim commission when a property has been shifted from them and listed by another agent, they must be able to show that there is a connection between their actions and the sale of the property. Therefore, the agent…

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If a seller doesn’t fulfil their contractual obligations, what are the rights of the property purchaser?

A common dilemma facing purchasers of property is what to do when the seller fails to fulfil their contractual obligations prior to completion. A purchaser’s response will often be dictated by market conditions, for example, in a rising market (such as we are in at…

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