Alpaca my bags! Is there an Alpaca in your Sydney Apartment?

Natalee VenegasMarch 30th, 2017

Pets can be great. They can comfort you when you feel sad, and provide companionship when you’re lonely.  At Lawyers Chambers, we regularly hear disputes about furry friends in apartment blocks, but usually they are of the cat or dog type. Earlier this year though, CCTV at the Discovery Point apartment complex in Sydney’s Wolli Creek […]

Breaking the Glass Wall? When a Lobby is not a ‘Shared Facility’

Natalee VenegasFebruary 27th, 2017

In the recent decision of The Owners – Strata Plan No 72381 v The Owners – Strata Plan No 71067 [2016] NSWSC 1857 the Supreme Court of NSW had to look into a confusing strata management statement to decide whether the installation of a glass doorway within the lobby area of the World Tower building […]

What to look out for before buying a property

Savina YangFebruary 27th, 2017

If you are entering the property market for the first time as a home-owner, congratulations. This is going to be one of the biggest financial decisions you will ever make in your lifetime, especially in Sydney where property prices are labelled as “crazy”. So don’t throw caution to the wind, we are here to guide […]

Fraud and Indefeasibility of title

Savina YangNovember 30th, 2016

Torrens title is a system of land registration, in which a single register is used for each land holding and records all details and interests affecting that land, such as easements, mortgages, caveats etc. This is the system we have been using in Australia since the 1850s. Pursuant to section 42 of the Real Property Act 1900 (NSW) the […]

No obligation on landlord re tenant’s quiet enjoyment

Natalee VenegasOctober 29th, 2016

In the recent decision of Abdel-Messih v Mao [2016] NSWCATAP 223, the NSW Civil and Administrative Tribunal found that a landlord was not liable for a third party’s actions disrupting the ‘quiet enjoyment’ of a tenant. Mr Abdel-Messih (‘tenant’) entered into a residential tenancy agreement with Mr Mao ‘(landlord’). Mr Abdel-Messih sub-let the premises (a strata lot). […]

BY-LAW: DENIED.

Caelan BruceOctober 26th, 2016

In the case of Colbert v MacDonald & Ors [2016] NSWSC 1291 (15 September 2016) the Supreme Court considered (a) the requirements of Adjudicators in complying with any statutory preconditions before exercising a power, and (b) whether Owners Corporations are required to circulate orders and notices from the Tribunal, in order to prevent individual lot […]

Buyer beware: new requirements for real estate transactions over $2m

Bianca BarryJune 29th, 2016

On 25 February 2016 legislation was enacted to amend the Taxation Administration Act 1953.  The amendments introduce a new capital gains tax withholding scheme for certain taxable Australian assets (“Scheme”), including real estate.  The purpose of the Scheme is to assist in the collection of foreign residents’ capital gains tax. The Scheme applies to contracts for […]

Dividing fences in disrepair: which neighbour has to pay?

Hallie WarnockJanuary 28th, 2016

If two neighbours share a fence and it is in need of some fixing up, who has to pay? Is one neighbour completely liable for the costs? What happens if a fence is dangerous and one neighbour is refusing to pay? Are any legal actions available to make the other neighbour pay? These questions and […]

The crackdown on underquoting

Savina YangJanuary 28th, 2016

There is a common expression in the real estate industry “quote it low watch it go, quote it high watch it die”. Underquoting, whereby a real estate agent lists a property well below its expected sale price, has been a relatively common and frustrating practice amongst real estate agents throughout NSW. However with the introduction […]

What do you know about caveats?

Savina YangNovember 29th, 2015

What is a caveat? The word ‘caveat’ means a warning or caution. A caveat operates as a form of statutory injunction, preventing the Registrar-General from registering any dealing (subject to some exceptions) in relation to the land prohibited by the caveat without the caveator’s consent. The caveator is the person who lodges the caveat. The […]

Co-owners, joint tenants and tenants in common

Natalee VenegasJuly 30th, 2015

The average Australian family is no longer ‘average’. Today it is typical for families to come in all shapes and sizes including de-facto and blended families. That’s why it is especially important to give thought to who your assets may go to in the event of death. When two or more people purchase a house […]