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Publications

The Facts: In June 2005, the Garnocks (“the Purchasers”) entered into a contract for the purchase of a rural property (“the Property”) from Mrs Smith (“the Vendor”). Settlement of the contract was due to take place at 11.00am on 24 August 2005. On 23 August 2005, a firm...

The Trees (Disputes Between Neighbours) Act 2006 ("the Act") commenced on 2 February 2007. Under the Act, the Land and Environment Court of NSW is able to make orders to remedy, restrain or prevent damage to property or to prevent injury to a person when a tree...

Do you know what your self managed superannuation trust deed provides should happen upon your death?  Who will decide where amounts standing to your credit will be paid?  If you are a trustee, who will replace you? Many trust deeds give very broad discretion to the...

The Federal Government has recognised employee share ownership as something that should be encouraged.  It has set a target to increase the percentage of employees receiving shares as a benefit from employment from 5.5% in 1999 to 11% in 2009. To encourage this increase it has...

Developers and purchasers who wish to rely on the long term or permanent enforceability of restrictive covenants should be aware of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (“the Act”). Section 28 enables environmental planning instruments to override restrictive covenants where development...

Can anyone  appeal from the decision of a council to grant development consent? There is a common misapprehension that a person affected by the decision of a council to grant development consent has the right to appeal against that decision.  No such right of appeal exists. Under...

Most Leases provide a mechanism for market rent reviews during the term of the Lease or upon exercise of options. The usual Lease provision requires the Lessor to give the Lessee a determination of its assessment of the current market rent and if the Lessee...

Under section 97(1) of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") an applicant who is dissatisfied with the determination of a consent authority (usually the local Council) in relation to their development application may appeal to the Land and Environment Court within 12 months...