Posts Categorized: Property law

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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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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