First home buyers will soon choose between paying stamp duty or paying annual property tax

Most First Home Buyers will soon choose between paying stamp duty or an annual property tax. New law will be enacted that will allow eligible First Home Buyers of properties purchased for up to $1.5 million to choose between pay...

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Building defect report – can it entitle a purchaser to terminate the contract of sale?

The Supreme Court decision of Willis v Crosland [2021] VSCA 320 provides some helpful guidance on whether a purchaser who discovers building defects before settlement can terminate the contract and recover their deposit. In thi...

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Why is it important to have the correct development consent in place?

The majority of development in NSW requires development consent. This can include for example approval for the use of land, change of use of land, subdivision of land, erection and/or demolition of a building or structures. The...

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Rising tide of financial distress

There is a rising tide of concern that we will soon see significant financial distress in the private sector.  Sobering headlines such as 'Building industry facing slump' (The Age, 20 May 2022) remind us that the worst of the pos...

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Is it safe to rely on an artist’s impression when buying a new apartment ‘off-the-plan’?

As the term suggests, when buying 'off-the-plan' a purchaser can only assess what it is they will be buying from the plans and images provided by the developer. The detail and accuracy of the plans and images will vary from one pr...

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Clearing Away the Mud: Supreme Court clarifies Vesting of Disclaimed Property

Introduction In Re Empire Plant Hire Pty Ltd (in liq) [2021] VSC 549 ("Empire Plant"), the Supreme Court of Victoria recently considered the interesting question of when a receiver may be appointed over disclaimed property to ass...

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