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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
Litigation and Dispute Resolution

Left hanging on an agreement with the Council: Damages for reliance loss

Where a breach of contract occurs, the party who has not breached the contract is entitled to recover damages to compensate for any loss suffered (1). A breach may occur by a failure to perform or by anticipatory breach by the breaching party. To rec...

Published by Chiara Rawlins
14 March, 2023
Litigation and Dispute Resolution

McCabes adds four principals to Insurance division

McCabes has bolstered its Insurance Division recruiting David Cooper, and elevating Karl Maakasa to the role of principal in the Workp...

Published by McCabes News
10 March, 2023
Employment

Secure Jobs Better Pay Act – Key Amendments: Sexual harassment in the workplace

This article continues our series of articles exploring the key amendments to the Fair Work Act 2009 (Cth) (FW Act) made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Secure Jobs Act), and specifically explores change...

Published by Tim McDonald
7 March, 2023
property

Tax treaties and the scaling back of surcharge land tax and surcharge purchaser duty

For the best part of the last decade, certain foreign purchasers and owners of residential land in New South Wales have been subject to the payment of surcharge purchaser duty on their acquisitions, and surcharge land tax assessed annually on their r...

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