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...
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...
From time to time clients have approached us in relation to setting up a ‘testamentary trust’ as a mechanism for sensible estate planning. Often this occurs following a conversation the client may have had with his or her accountant. Clients are also often advised by their...
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...
Most people are aware that development consent is usually required to be obtained from the local council if they wish to carry out building work on their property. There are some exemptions to this requirement. Exempt development is development that may be carried out without...
The land rich provisions in the Duties Act were introduced in 1987 at a time when the New South Wales Government was concerned that it was missing out on duty when property owned by companies or trusts was being transferred by a sale of the...
On 10 April 2004 the penalty provisions of the Spam Act came into effect, making it illegal to send commercial electronic messages to or from Australia without the consent of the recipient. That consent can either be express or inferred after considering the conduct of...
In the decision of Tanwar Enterprises Pty Limited v Cauchi [2003] HCA 57 (“Tanwar”) the High Court explored the use and limitations of equitable intervention to modify strictly legal rights (i.e. rights founded in contract). The Facts In both cases the facts revolved around Contracts for the...