Posts Categorized: Property law

Duffy Elliott Lawyers

STEPPING TOWARDS ELECTRONIC CONVEYANCING IN NSW

Paper Certificates of Title and paper settlements are fast becoming part of our history and the future for Conveyancing is Electronic. In NSW the Financial Institutions commenced converting their paper Certificates of Title to Electronic Certificates of Title (ECT’s) on 1st September 2018.   The big four banks, ANZ, CBA, Westpac and NAB are the first to convert to ECTs. It is expected that 142 Financial Institutions will have converted their paper Certificates of Title to ECT’s with NSW Land Registry Service by 1st October 2018. Most NSW Land owners who […]

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A first home buyer Lawyer in Dubbo

Exciting News in the Pipeline for Prospective First Home Buyers

ATO Releases Draft Ruling on First Home Super Saver Scheme Since 1 July 2017 first home buyers have been eligible for stamp duty exemptions under the First Home Buyers Assistance Scheme. The First Home Buyers Assistance scheme provides eligible purchasers with exemptions on transfer duty on new and existing homes valued up to $650,000 and concessions on duty for new and existing homes valued between $650,000 and $800,000. Now, more good news might be on the way for First Home Buyers as the ATO has released a draft ruling providing […]

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Weathervaning Developer's Crane

Injunction Granted to Stop Trespass by Developer’s Crane

A recent case in the Victorian Supreme Court discussed the extent of a landowner’s right to possession of airspace above their land. The Case The plaintiffs owned a property next to a development site on which there was a four storey apartment block being constructed by the developer. The construction work required the use of an overhead crane. When not in operation the ‘arm jib’, or arm of the crane, was overhanging the plaintiff’s property as it needed to “weathervane” by swinging freely in the wind. No building material was […]

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Final Occupation Certificate – The Holy Grail for Purchasers, or is it?

A final occupation certificate has long been thought to give peace of mind to purchasers of dwellings, however a recent court of appeal case held that a final occupation certificate cannot be relied upon.  The Case The Purchasers entered into a contract with the Vendor (owner-builder) to purchase a substantially renovated house in Wahroonga, NSW. The Vendor engaged Ku-ring-gi Council to certify a two-level extension at the back of the existing house as well as an engineering firm to prepare structural drawings. The Council issued a Final Occupation Certificate despite […]

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When Does a Gift Become a Loan?

  A recent NSW Court of Appeal case examined the circumstances when money initially provided as a gift could later be classified as a loan. The Case In the case, the father made a financial advance to his son in the amount of $1.2 million to assist the son and his wife purchase their family home. Following a successful purchase at auction, the father had several discussion with friends and his son, the father changed his mind and wished to classify the gift as a loan. The father engaged his […]

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Loose-Fill Asbestos

From 1 September 2017 a Contract for Sale and Purchase of Land must include a warning that if the dwelling was constructed prior to 1985 then the purchaser should make enquiries to determine if the premise contains loose-fill asbestos.   The warning recommends the purchaser; Search the Loose-Fill Asbestos Insulation Register. Check if the local council holds any records on premises that have Loose Fill Asbestos. What is Loose-Fill Asbestos (LFA) and Why is it Dangerous? In the 1960’s and 70’s raw crushed asbestos was used in ceilings as insulation.  Asbestos fibres […]

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Identity checks – why are they important?

At Duffy Elliott Lawyers we take all steps necessary to identify our new and returning clients. We also ensure our conveyancing client’s comply with Verification of Identity (VOI) requirements. Clients often wonder why they need to be identified. A recent case before the ACT Supreme Court highlighted why our processes for identifying a client is an essential part of the legal process. The case, Astell v Australian Capital Territory [2016], involved a client who owned property in the ACT. The client lived in South Africa and had engaged a local […]

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primary production, land tax primary production exemption

Good News for Developers of Land Used for Primary Production

The Background Property Developers often acquire agricultural lands on the edge of existing urban areas and hold them as land as a “land bank” for future Developments. Primary production activities such as cattle grazing often continue through leasing or agistment arrangements. In New South Wales land that is used for Primary Production is generally not subject to land tax. Accordingly, developers have sought to claim an exemption when their “land bank” is being used for primary production. In recent times the Office of State Revenue (OSR) has imposed more stringent […]

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SMSF investment with Duffy Elliott Lawyers Dubbo

Looking to Buy Property with your SMSF?

Here is what you need to know if you are looking to purchase Property with your SMSF The Basics: Self-managed super funds (SMSF) are now the largest sector in the Australian Superannuation Industry. Purchasing property with a SMSF isn’t the latest in innovation, but the concept of borrowing to purchase is relatively new. The capacity to borrow means that people are now able to use their SMSF to invest in properties that they may not have previously been able to afford. Advantages: Purchasing property through your SMSF can be a […]

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Duffy Elliott Lawyers, Commercial Property

Changes to Energy Efficiency Disclosure Requirements for Commercial Property.

If you are a commercial property owner, looking to invest, or just interested energy efficiency the following article will most definitely interest you. From 1 July 2017 it certain circumstances it will be compulsory to disclose a commercial property’s energy efficiency information when looking to sell, lease or sublease a property. What disclosure is required? It will be compulsory for commercial property owners to provide a Building Energy Efficiency Certificate (BEEC) issued by the Department of Environment and Energy to prospective purchasers and lessees. What is a BEEC? A BEEC is […]

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