by Cameron Shaw | Dec 15, 2017
It is common practice for vendors to agree to a ten per cent deposit ‘paid by instalments’, with five per cent paid on exchange and the remaining five percent paid on settlement. This practice was considered in Boyarsky v Taylor [2008] NSWSC 1415. In this case, the...
by Cameron Shaw | Nov 26, 2017
Do I need a discretionary family trust? What is a family trust? A family trust is a discretionary trust set up to hold the assets of a family or to run a family business. No two discretionary family trusts are the same, yet there are two overarching benefits in...
by Cameron Shaw | Nov 20, 2017
Section 141(3) of the Strata Schemes Management Act 2015 (NSW) requires that: The secretary of the owners corporation must keep a consolidated up to date copy of the by-laws for the strata scheme. This provision came into effect when the 2015 Act came into force on 30...
by Cameron Shaw | Nov 18, 2017
Under the standard NSW Law Society contract for the sale and purchase of land when a property is sold in NSW it is given either “subject to existing tenancies” (where there is a leasehold tenant) or with “vacant possession”. Vacant possession is a term from the...
by Cameron Shaw | Nov 10, 2017
To elect an officer of the strata committee, a strata committee meeting must be called in which committee members are nominated as officers and a ballot is held. Regulation 11 in the Strata Schemes Management Regulation 2016 states that any member of the...