Posts Categorized: Law changes

Duffy Elliott Lawyers conveyancing and property lawyers

Changes to Disclosure Requirements in off the plan sale contracts

In 2017 Dubbo experienced the largest population growth of any local government area in Western NSW. With a growing population comes a need for new houses and apartments. Many of these new houses are sold “Off the Plan” meaning entering a contract to purchase a house/apartment or vacant land when the property does not yet exist as its own parcel. On 22 November 2018 the NSW Government passed the Conveyancing Legislation Amendment Bill 2018, which changes to the legal requirements for off the plan contracts, it has not yet commenced […]

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Altering your Will on the way to the Altar

Recently, the Supreme Court had to consider what a Will ‘made in contemplation of marriage’ means. The Case Re Estate Grant, Deceased [2018] NSWSC 1031 Click this link to view the whole judgement: The Facts The deceased was married to his first wife between 1989 to November 2013. The deceased had two biological children, and became a doting step-father to his first wife’s children. The deceased began an on/off extra-marital relationship with a co-worker, with whom he officially commenced a de facto relationship after he separated from his first […]

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Changes to Cladding Laws

Changes to the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 commence on 22 October 2018. This new legislation requires that owners of certain types of buildings must check for external combustible cladding and register affected buildings. These new laws apply to both new and existing buildings. Cladding types External combustible cladding means: any cladding or cladding system comprising metal composite panels, including aluminium, zinc and copper, that is applied to any of the building’s external walls or to any other external area of the […]

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Duffy Elliott Lawyers


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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Share your family law experience

  In May 2017 the Federal Government announced its intention to conduct a review of the family law system. The Australian Law Reform Commission released the terms of the review in September 2017. The Commission have now set up a confidential website where you can share your experience with the family law system. They are looking to hear from people who have been involved with the family law system, particularly in the last five years, to find out what helped you and your family or what aspects of the family […]

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Changes for Learner, P1 and P2 Drivers

  From Monday 20 November 2017, a number of changes to how you can obtain your licence will commence. Learner drivers will have to pass the Hazard Perception Test (‘HPT’) before they can attempt the driving test. If you wait more than 15 months without passing the driving test, you will have to complete the HPT again. Drivers will no longer be required to pass the Hazard Perception Test to obtain their P2 Licence. The only requirement is to hold your P1 licence for at least 12 months. There will […]

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Driver Disqualification Update

  From 28 October 2017, major changes in relation to licence disqualification laws will take place. People who commit offences such as driving while unlicensed, suspended, cancelled or disqualified will have maximum penalties and disqualification periods reduced. The Court will also have the power to decide when the disqualification will start (i.e. it won’t automatically be in addition to any suspension already being served). Disqualification periods can be lifted after a period of good behaviour with no other traffic offences (either 2 or 4 years depending on the type of […]

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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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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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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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