by Cameron Shaw | Oct 26, 2020
NOT FOR A RETAIL LEASE! For a retail lease to be registered the consent of the mortgagee is required. In providing consent, the mortgagee will charge a consent fee. The lessor is solely responsible for paying the full costs of this mortgagee consent fee. Hence, a...
by Cameron Shaw | May 11, 2018
Given the scope of company law and breadth of varying divergence between majority and minority shareholders, let us consider the most common disputes whereby the company’s affairs are contrary to the interests of its members or are oppressive, unfairly prejudicial or...
by Cameron Shaw | May 4, 2018
If a by-law needs to be AMENDED it is necessary to look at s 141 of the Strata Schemes Management Act 2015(the Act) as it provides the procedure for changing by-laws. Simply, the owners corporation, through a special resolution, can alter by-laws as they wish. This...
by Cameron Shaw | May 4, 2018
Firstly, a caveat (form 08X) is a warning that informs the public that someone has a priority interest in a property, and the party that lodges the caveat is the caveator. Secondly, an individual must have a ‘caveatable interest’ to lodge a caveat. So, under what...
by Cameron Shaw | May 4, 2018
While the Strata Schemes Management Act 2015 (NSW) allows for the Registrar to dispense with the need for mediation if mediation is “unnecessary or inappropriate in the circumstances” (and it is not necessary in certain other situations, including where Orders have...
