(Published in Lexis Nexis Risk Management 2014 Volume 24 No 6) Cloud computing is already a big part of our lives; though, often, we don’t realise we are using it. Partly, no doubt, that is the intention. The name itself encourages fuzzy thinking and its users...
Off the Plan Contracts An Off the Plan contract is a contract where the Vendor is usually a property developer and sells to the Purchaser a property which has not yet been built. In some cases the property will not be completed for 2 or...
Background The commencement of the changes to the Swimming Pools Act 1992 (NSW) (“the Act’”) which have been evolving since 2012 finally commenced on 29th April 2016. These changes have a significant impact on Vendors and Purchasers of properties with swimming pools and spa pools. Are you selling a property with...
If your home was built before the 1980's it could be affected by hazardous Loose-Fill Asbestos insulation, which was used as insulation in the 1960's and 1970's. The NSW Government is proposing new laws which will require you when selling your home to confirm whether it...
The Office of State Revenue has released a new ruling ("LT82v2" on 13 March 2012) setting out the Commissioner's interpretation of Schedule 1A to the Land Tax Management Act. Schedule 1A provides the principal place of residence exemption and says "land used and occupied by the owner as...
Commercial Arrangement Sole Trader Partnership – Is there a partnership agreement? Does it need to be updated? Company – Is the Constitution up to date? Do you understand your director’s liabilities? Trust – Is the Trust Deed up to date? Unsure Written Agreements Is this arrangement evidenced...
Wills Do you have a will? Do you know how old it is? Do you know where your will is? Do your family and executors know where your will is located? Has your situation changed since you signed your last will? Eg. started a business,...
Statutory demands, when used correctly, can be a powerful weapon for creditors of a company. What is a statutory demand? Essentially, a statutory demand is a demand for payment of a sum of money that is owed by a company. The demand must be set out in a...
A contract will not be enforceable unless the parties intend to create ‘legal relations’. If no such intention exists, the agreement will be no more than an unenforceable promise. The recent high profile Supreme Court of New South Wales decision of Ashton v Pratt (No 2)...
IDENTIFICATION OF PERSON MAKING A STATUTORY DECLARATION OR AFFIDAVIT From 30th April 2012 new provisions of the Oaths Act 1900 will come into effect in relation to the identification of the person making a Statutory Declaration or Affidavit by the person who is taking and receiving...