News

MORTGAGE FRAUD  &  TITLES OFFICE CAVEAT

MORTGAGE FRAUD & TITLES OFFICE CAVEAT

# Pre-Purchase Due Diligence & Buyer Beware #   It's a homebuyer's worst nightmare … purchasing the dream family home and moving in, only to find out years later it was never really yours.  After a six-year legal saga, an Appeal Court unanimously...

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LEASE TERMINATION UNLAWFUL

LEASE TERMINATION UNLAWFUL

COVID HANGOVER - Landlords who refused to negotiate COVID relief with their tenants for rent relief during the emergency response period remain at risk over demands on tenants to pay arrears or for having taken unlawful rent recovery action. Consider this account of a...

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SUBSTANTIAL QLD DISCLOSER OVERHAUL PROPOSED

SUBSTANTIAL QLD DISCLOSER OVERHAUL PROPOSED

The Property Law Bill 2023 will replace the Property Law Act 1974 (PLA), introducing some of the biggest changes for the Queensland property industry in almost 50 years.  It contains a new seller disclosure regime which will require sellers to disclose extensive...

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NO LEASE – NO RESUMPTION COMPENSATION

NO LEASE – NO RESUMPTION COMPENSATION

Business Owner-Occupier Alert.  An Appeal Court has again confirmed that even if the owner of a property and the business therein are the same, the business may not be entitled to resumption compensation (relocation, loss of profits, etc) if there is no formal lease...

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COURT REJECTS ‘EXPERTS’ REPORT

COURT REJECTS ‘EXPERTS’ REPORT

A Supreme Court has again highlighted the requirements for experts (including Valuers) when providing evidence.  This case involved a comprehensive report prepared by a team of environmental consultants considering damage arising from potential metal toxification of...

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LEASE TERMINATION DEMOLITION CLAUSES

LEASE TERMINATION DEMOLITION CLAUSES

A NSW Appeal has overturned an earlier ruling about whether the Landlord had a genuine proposal to terminate a lease for demolition purposes.  Whilst Retail Leases legislation varies from State to State, there are similar provisions concerning lease termination for...

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