Bank guarantees as security for performance

Bank guarantees are now more widely used than ever and most people involved in business and property transactions have come across them in one form or another. Nevertheless, we still see many instances of misunderstanding and unce...

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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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When can an executor be passed over or removed?

There may be circumstances, where the executor's capacity and or their ability to administer the estate is in question. This may occur prior to an application being made for Probate of the Will or after Probate has been granted. ...

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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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