On Friday 2 November 2013 the Minister for Fair Trading, Anthony Roberts, used his address to the Strata Community Australia Convention to outline the State Government’s foreshadowed changes to Strata Legislation. Much is expected of the review following the State’s extensive consultation…
In Storage Equities Pty Limited v Valuer-General [2013] NSWLEC 137, the Land and Environment Court recently held that valuations of land under s6A(1) of the Valuation of Land Act 1916 are to be determined inclusive of any GST component. No adjustment…
Can the ‘true owner’ of personal property ever lose that property to a third party lender? Before 30 January 2012 (when the Personal Property Securities Act 2009 Commonwealth(PPSA) came into effect) your answer may well have been emphatically ‘no’. The case…
The State Government is calling for submissions in response to the Consultation Paper prepared by David Russell SC as part of his review of the Land Acquisition (Just Terms Compensation) Act 1991 (Act).
It is now more than 50 years since strata titles legislation commenced in NSW under the Conveyancing (Strata Titles) Act 1961. Many strata schemes are now approaching their ‘use by’ date with the schemes in need of termination and/or re-development. Nevertheless,…
Chapter 8 of the NSW Government’s A New Planning System for NSW – White Paper (White Paper) and the Planning Bill 2013 – Exposure Draft (Planning Bill) contain proposed amendments to the scheme for building regulation and certification in NSW. The key…
In November 2012, the Division of Local Government announced the release of the Model Asbestos Policy for NSW Councils (Policy). The Policy was the product of a recommendation of the NSW Ombudsman’s report Responding to the asbestos problem: The need…
Councils and accredited certifiers will be aware of recent changes to the Building Professionals Act 2005 (BP Act) requiring an accredited certifier, or their employer, to enter into a written contract with a client before carrying out certification work.
When is an omission of an easement from the Register not an omission? This question is at the heart of the High Court’s reasoning in Castle Constructions Pty Limited v Sahab Holdings Pty Limited [2013] HCA 11. The answer, so…
Before the first strata titles legislation was passed in New South Wales most home units were regulated under company law. A number of older home units still exist that are not regulated by strata legislation. Owners of these units own…
The construction industry accounts for 15% of businesses in New South Wales but up to 30% of these businesses go into administration (source: Terms of Reference, Independent Inquiry into Construction Industry Insolvency in NSW). When this happens, as the Australian…
A recent case has succinctly set out the steps to be followed to determine the market value of land zoned for a public purpose, and the compensation payable for the acquisition of that land under the Land Acquisition (Just Terms…