property lawyer dubbo
7
Jul

New Asbestos Register Unlikely to Affect Dubbo Residents

Law changes have established the National Loose-Fill Asbestos Insulation Register. If a property is listed on the register it needs to be disclosed in the section 149(2) certificate. What is a section 149(2) Certificate? If you have ever had anything to do with the sale of property you will know that a vendor is required to disclose certain information about the property to the purchaser. Part of this disclosure is the inclusion of a section 149(2) planning certificate in a contract. A section 149(2) certificate is issued by the local […]

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Duffy Elliott Layers VOI
1
Jun

Are you looking to sell property? Here is how to prove your identity.

New Verification of Identity Requirements hope to Decrease Fraud With an aim to decrease fraud in property transactions new laws have come into effect implementing new  Verification of Identity (VOI) requirements. From 1 August 2016 Solicitors and Conveyancers will be required to comply with the new VOI requirements under the Conveyancing Rules. Compliance will ensure a Solicitor or Conveyancer has taken reasonable steps to identify their client. Once a solicitor or conveyancer has satisfied these requirements they will achieve what is known in the Covayancing Rules as “safe harbour”. Safe Harbour allows the lawyer or conveyancer to be […]

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High Court, Duffy Elliott Lawyers, will
22
May

Making a Will? Your Solicitor puts your needs first.

Robert Badenach & Anor v Roger Wayne Calvert [2016] HCA 18 On 11 May 2016, the High Court of Australia held that a solicitor did not owe a duty of care to a beneficiary under a Will to advise the testator (person making the Will) of the options available to avoid exposing their estate to a claim under the Testator’s Family Maintenance Act 1912 (Tas). The Circumstances of the Case Mr Doddridge instructed a solicitor to prepare a Will leaving the whole of his estate to the son of his […]

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Robert Duffy - Duffy Elliott Lawyers
18
May

Robert Duffy to Tackle Ironman Everest.

The importance of a good Work/Life balance can never be underestimated. At Duffy Elliott our staff live busy lives outside of work hours. There is no better example of this than the firms most senior partner, Robert Duffy. In Robert’s spare time he is a dedicated ironman competitor.  He recently finished 11th in his age group at the 2016 Post Macquarie Ironman. On October 8 2016, Robert will be among about 2000 of the world’s best amateur and professional triathletes at the starting line of the 39th World Ironman Championship at Hawaii. […]

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fixture v chattel
18
May

FIXTURE v CHATTEL – A QUICK FIX OF KNOWLEDGE

What is a Fixture?  It’s the age old debate between both vendors and purchasers and lessors and leasee – What is a Fixture? Historically a fixture is thought to be “a chattel so attached to the land that it becomes part of it” and conversely a chattel is said to be “movable, tangible articles of property”. The debate is now further complicated when considering if an “attachment” or “asset” is a fixture under the Personal Property Security Act (PPSA). Recently the in Supreme Court, discussion arose as to whether a set […]

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26
Apr

What is Probate?

What is a Grant of Probate? Probate is the proving of a Will in the Supreme Court of the appropriate State or Territory. It is the process by which the Court determines if the Will is valid. The Grant of Probate is the certificate issued by the Supreme Court which names the Executor and confirms that the Will is the last known Will of the deceased. Once Probate is issued the Executor (also known as the Legal Personal Representative) has the authority to administer the assets of the deceased’s estate […]

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PEXA, Conveyancing, E-Conveyancing
10
Apr

PEXA – the Future for Conveyancing

Conveyancing is becoming electronic through PEXA (Property Exchange Australia). PEXA is a secure online settlement room where Lawyers, Conveyancers, Land Registries and financial institutions communicate. It provides safer, faster and more efficient settlements: Some of the benefits: Funds are transferred electronically on the day of settlement. NO MORE BANK CHEQUES Vendor has cleared funds into their bank account on the day of settlement Title is transferred into the purchaser’s names within 24 hours of settlement. Council, Valuer General etc are advised within 24 hours of the new owner’s details. No […]

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1
Apr

Swimming pool safety law changes – What you need to know

New Swimming pool safety laws throws vendors in the deep end. Do you own a house with a swimming pool/spa? Are you planning on selling or are you currently leasing a house with a swimming pool/spa? Law Changes are looming to ensure swimming pool safety. From 29 April 2016 all properties with a swimming pool being sold or leased will need a valid certificate of compliance or relevant occupation certificate. The leading driver behind these changes to swimming pool safety that swimming pool drownings are the leading cause of preventable deaths in children […]

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Estate Administration
8
Mar

The importance of Estate Administration

As an Executor, managing Estate Administration can be time consuming and complex. It’s important you understand your obligations. Estate Planning Estate planning involves identifying your assets, including any superannuation and insurance, identifying any potential risks that need to be accommodated for, and working with your lawyer to create or update a flexible plan tailored to your circumstances. Duffy Elliott Legal have expertise in creating legal Wills, Powers of Attorney and Enduring Guardianship documents, including setting up testamentary trusts. Our firm boasts an understanding of rural issues that may affect your […]

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26
Feb

4 legal essentials for starting a business in Dubbo

You’re starting a business in Dubbo. It’s exciting times, you have a new idea, a fresh opportunity, you can’t wait to get going. Before starting a business in Dubbo, you must tick off these four legal essentials. There is no point wasting all your hard work by failing to get these essentials right. Business registrations As a new business owner in Dubbo, you must register a business name before commencing any business activities. As well as the following ATO requirements. an Australian Business Number (ABN) the Goods and Services Tax (GST) […]

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