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Litigation and Dispute Resolution

Costly choices when making an offer to settle

There are multiple tools available to resolve a dispute both before and after litigation has commenced. This commonly includes either or both of an informal settlement conference (which is generally a commercial approach to ending a dispute conduc...

property

Further scaling back of surcharge land tax and surcharge purchaser duty

In February of this year, Revenue NSW announced a scaling back of the application of surcharge purchase duty and surcharge land tax for citizens (and certain affiliated entities) of New Zealand, Finland, Germany, and South Africa.  We commented on th...

Employment

What’s the go with work on public holidays? Full Federal Court has its say

Decision: CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51   An interesting decision from the Full Federal Court was published on 28 M...

Published by Barnaby Austin
4 April, 2023
property

Restoring confidence in the residential apartment building sector

The NSW Government has sought to restore a degree of consumer confidence in the residential apartment building sector through the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 ("RAB Act"). The...

Published by McCabes News
29 March, 2023
property

Agency Agreements – Tips & Tricks

When selling a residential property in NSW, an agent is not entitled to commission or expenses if an agency agreement is not entered into with the vendor. The Property and Stock Agents Act 2002 (NSW) (P&S Act) and the...

property

Option Fees and Stamp Duty

On 19 May 2022 the New South Wales Government introduced changes to the Duties Act 1997, specifically introducing section 8(1)(b)(ix) which provides that duty is payable on "a transaction that results in a change in beneficial ownership ...

property

First Home Buyer Choice – a new annual property tax

First home buyers of residential land in NSW now have the option to either pay stamp duty on the purchase price or pay an annual property tax while they own the land by way of the First Home Buyer Choice scheme (FHBC).

Published by McCabes News
29 March, 2023
Litigation and Dispute Resolution

When business in the “usual and ordinary course” collides with unprecedented times: The High Court weighs in on effect of Public Health Orders on contract for sale of hotel

This is the latest in a series of articles which has followed the run of appeals of the decision of Darke J in Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504. Our first article, analysing the decision at first instance...

Published by Chiara Rawlins
27 March, 2023
Private Clients

Chisak v Presot: Family Provision Claims and Grandchildren

Chisak v Presot [2022] NSWCA 100 Judgment Date:  21 June 2022   Explanation: The recent decision of ...

Published by Terry McCabe
24 March, 2023
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