ArticleCharara v Kuring-gai Council - Limitations on development control orders in NSWA Council could not unilaterally determine a development consent had lapsed and consequently issue stop work orders.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleClarifying the role of consent authorities in bushfire prone land in NSWThe NSW government aims to streamline the assessment of development applications and consents in bushfire prone land.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleEssential terms in a contract must be stated clearlyA purchaser's contract breach does not entitle the vendor to terminate, unless it is specifically stated in the contract.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleMediation may not be mandatory before commencing retail lease proceedingsCourts can hear retail shop lease disputes where they are satisfied that mediation is unlikely to resolve the disputes.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleNew proposed standards for the Building Code of Australia (BCA) 2013The proposed changes are in response to several tragic incidents in Sydney where children have fallen from windows.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleOption agreement to purchase property: strict compliance a mustTo ensure that an option is validly exercised, strict compliance with the terms of the agreement must be observed.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleOwners corporations have an absolute duty to carry out repairsAn owners corporation (or body corporate) has an absolute duty to recognise and rectify problems with common property.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleProposed changes to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008The proposed changes will enable home and business owners in NSW to obtain faster and more cost effective approvals. AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleRetail Leases Act changes in New South WalesLessors and lessees in NSW should be aware of these changes in order to be prepared for when these changes take effect.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleSignalled changes to notification requirements for off-the-plan contracts in New South WalesDevelopers need to be aware of changes to notification requirements for off-the-plan contracts.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleThe NSW Land & Environment Court confirms no power to extend appeal periodThe Court confirmed that it had no power to extend the statutory period within which to commence a merit appeal.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticlePurchasers may have obligation to withhold 10% of proceeds from sale of Australian real property sold by foreign residentsIf passed, the bill will impose an obligation to withhold payment of 10% of the purchase price, to be paid to the ATO.AustraliaTaxColin Biggers & Paisley
ArticleTax payable by foreign beneficiaries of non-fixed trusts on capital gainsFederal Court confirms the ATO view on taxation of capital gains made by the trustee of an Australian non-fixed trust.AustraliaTaxColin Biggers & Paisley
ArticleTaxation of entities with a significant digital presence in the EUAustralian exporters and importers should review their outward and inward supply chains and transfer pricing arrangements.AustraliaTaxColin Biggers & Paisley
ArticleTrust split arrangements may give rise to capital gains taxDraft determination TD 2018/D3 says that trust split arrangements of the type described will cause a CGT event to arise.AustraliaTaxColin Biggers & Paisley
ArticleAustralia’s toughest anti-hoon laws taking cars off the road came into effect in Queensland on 1 November 2013Immediate car impoundment for street racing and other offences.AustraliaTransportColin Biggers & Paisley
ArticleIncrease in liability limits for domestic and international air carriageCompensation limits for air carriage are rising. which will benefit air travellers, but have a flow-on cost for carriers.AustraliaTransportColin Biggers & Paisley
ArticleNSW Supreme Court clarifies scope of accrued rights to summary judgment under Security of Payment ActThe Court upheld the right to summary judgment where no payment schedule was served in response to a payment claim.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleQCAT finds retail tenant not responsible for payment of trade waste chargesLandlords should be aware of this decision where the tenant was found not liable to pay any outgoings under the lease.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleDistrict Court finds non-delegable duty of school during skiing excursionThe school was found liable for the student's injury when skiing even though he was under the care of another party.AustraliaConsumer ProtectionColin Biggers & Paisley